ï~~r;{ c ï~~~THEGF1 ï~~,k. 1, ti. "'". y}j 4 it w...i.. M SSp.^. 3 ' Ste', '. -f '.. i y! /, " Yy ' y' ï~~ ï~~MESSAGES OF THE GOVERNORS OF MICHIGAN VOL II ALPHEUS FELCH EPAPHRODITUS RANSOM JOHN S. BARRY ROBERT McCLELLAND ANDREW PARSONS KINSLEY S. BINGHAM MOSES WISNER AUSTIN BLAIR HENRY H. CRAPO GEORGE N. FULLER Published by The Michigan Historical Commission Lansing 1926 ï~~r Y " ' " ' s ï~~MICHIGAN HISTORICAL COMMISSION A State Department of History and Archives Organized May 28, 1913 MEMBERS Hon. Alex. J. Groesbeck, LL. D., Governor of Michigan William L. Jenks, M. A., Port Huron, President William F. Murphy, S. T. D., Detroit, Vice President William L. Clements, B. S., Bay City Claude H. Van Tyne, Ph. D., Ann Arbor Augustus C. Carton, Lansing Clarence M. Burton, M. A., Detroit EXECUTIVE OFFICERS George N. Fuller, Ph. D., Secretary Percy H. Andrus, A88't Secretary Marie B. Ferrey, Curator Floyd B. Streeter, M. A., Archivist ï~~ ï~~PREFACE T HE present volume covers the administrations of the Governors of Michigan from 1846 to 1869. The same principles of selection are followed as in Volume- I. No messages of major importance were issued by Acting Governor Greenly; only one by Acting Governor Parsons. The biographical sketches are based principally upon the following works: Michigan Pioneer and Historical Collections; Hemans' Life and Times of Stevens Thomson Mason; Historical Outline of the Ransom Family in America; The Wisners in America; Wing's History of Monroe County; Michigan Biographies; Representative Men of Michigan; Genealogy of the Bingham Family in the United States; Autobiography of Austin Blair (typed, copy in the Michigan State Library); Wood's History of Genesee County; Michigan as a Province, Territory and State; The Bench and Bar of Michigan. George N. Fuller October 13, 1925 ï~~a ï~~CONTENTS *Alpheus Fe icchg Biographical Sketch..............................""".........""+."""18 Messages 1846 Inau~gural Message.........................................*25 Jan.6................................................... 27 Feb. 17............................................."... 49 Feb. 27................................................."". Mar. 19................................................5"" 1 Apr. 10...................................................6 May 4...,.............................................. 58 May -5........................ ".........".........66 1847 - Jan.7................................................... 84 Feb. 27.................................................. 85 Mar.3................................................... 86 Epaphroditus Ransom Biographical Sketch............................................. 89. Messages 1848 Jan.3................................................... 98 Feb. 28.................................................. 118 1849 Jan. 1................................................... 114 Feb. 28..............................................148 Mar. 3...................................144 Mar. 18.................................................. 148 John B. Barry. Biographical S ke tc h............................................... 157 Messages 1850 Jan. 7................................................... 161 Mar. 20..............................................,.... 176 1851' Feb. 5...............".................................180 June 9...............................................""""i208 June9:...........................................206 June 21.................................................. 207 June 24................................................. 211 Robert McCleland Biographical Sketch................... "."'..... ".. ".................*215 Messages 1853 Jan. 5......................................"............3221 Jan. 24................................................... 248 -Feb. 10................................................ 24 3 Feb. 14...........-....................................... 248 rob. 14............................................... 4$ Andre* Parsons. Biographical Sketch............................................. 251 " Messages1855 Jan. V" 8 "............ """ "r "" f... ""0.. 0". f"04f.,"4f i. ï~~8. CONTENTS Kinsley S. Binghamu Biographical Sketch.............................................. 277 Messages 1855 Jan. 4................................................... 281 1857 Jan. 7................................................... 302 Jan. 31................................................... 322 Feb. 4................................................... 322 " Feb.6................................................... 323 Feb. 6................................................... 323 1858 Jan. 20................................................... 325 Feb. 2................................................... 330 1859 Jan. 1................................................... 331 Moses Wisner Biographical Sketch.............................................. 345 Messages 1859, Jan. 5................................................... 351 Jan. 27.................................................. 370 Jan. 29.................................................. 372 Feb 11.................................................. 373 Feb. 14.................................................. 375 1861 Jan. 1................................................... 376 Austin Blair Biographical Sketch.............................................. 417 Messages 1861 Jan. 2................................................... 425 Feb: 14.................................................. 442 Feb. 15.................................................. 443 Feb. 21.................................................. 443 Feb. 23.................................................. 444 Mar. 4.................................................... 444 Mar. 5.................................................. 445 1862 Jan..2................................................... 446 Jan. 8................................................... 453 Jan. 9................................................... 454 Jan. 15.................................................. 456 1863 Jan. 7................................................... 457 Feb. 25.................................................. 478 1864 Jan. 19.................................................. 479 Jan. 20.................................................. 490 Jan. 20.................................................. 490 Jan. 21.................................................. 491 Jan. 29.................................................. 492 Jan. 29....................:.............................. 492 Feb. 38................................................... 493 Feb. 3.................................................. 493 Feb. 4.................................................... 494 1866 ï~~CONTENTS 9 Henry H. Crapo Biographical Sketch.............................................. 515 Messages 1865 Jan. 4................................................... 523 Jan. 18................................................... 546 Jan. 21................................................... 548 Jan. 23.................................................. 549 Feb. 1................................................... 549 Feb. 2...................................................5 50 Feb.6.........................550 Feb. 6..................................................... 561 Feb. 11.................................................. 552 -1867 Jan.2...................................................S503 Jan. 7...................................................5687 Jan. 8.................................................... 588 Jan. 8.................................................... 589 Jan. 16................................................... 589 Jan. 18..............................................591 Jan. 21................................................... 592 Feb. 5...................................................-592 Feb. 18.................................................. 595 Feb. 19.................................................. 596 Feb. 25.................................................. 597 Mar. 21.................................................. 609 Mar. 22................................................. 612 Mar. 23.................................................. 614 Mar. 23................................................. 615 Mar. 23................................................. 618 1869 Jan. 6................................................... 617 ï~~ILLUSTRATIONS Page Alpheus Feich....................................................... 13 Epaphroditus Ransom................................................ 89 John S. Barry........................................................ 157 Robert McClelland................................................... 215 Andrew Parsons..................................................... 251 Kinsley S. Bingham.................................................. 277 Moses Wisner........................................................ 345 Henry..H..Crapo..................................................51 ï~~GOVERNOR ALPHEUS FELCH ï~~ ï~~IOF) ï~~ALPHEUS FELCH ï~~BIOGRAPHICAL SKETCH I FIRST saw.Governor Felch on the streets of 'the city of Ann Arbor in 1857, when I was 'a student in the University. of Michigan [writes Hon. Claudius B. Grant, author of this sketch].. He had just closed his labors as one of the commissioners appointed by the United States government to settle the Mexican and Spanish land claims in California. Although his hair.was white as snow he was in the prime of his physical, and mental manhood, being 53 years of age. His figure was one which arrested the attention of all and led every stranger who, saw 'him to inquire who he was. I became personally acquainted with him, early in 1859; and from that time to his death knew him intimately. I studied law in his office, was his law partner for eight years, lived, in. his house for eight months, and was a frequent visitor at his, home and. he at mine. I knew him as well as it is possible for one man to know another. Dates are of little moment in the lives of individuals or of nations. Their accomplishments, character and influence are the things in which contemporaries and future generations have an interest. 1Mr. Felch's public career is a matter of record and history. It.is found in the Legislative Journals of this, his adopted State, in the records of its circuit and supreme courts, in the executive department of the State, in his reports as Auditor General and Ban Examiner, in the Congressional Record, and in the decisions of the commission to settle the disputed land claims in California. His quasi-public career is found in his briefs as a lawyer, in his lectures as a professor of law in,the university, in his addresses and papers as a member of this society, anl in his daily walk and life as a citizen. My principal purpose shall be to write of. him as "a man, and to delineate his.character as one worthy of emulation by all citizens, whether they be found in private or public stations, and to make a permanent record of some things which may not be.known to the public. He was born in Limerick, Maine, on the 28th day of September, 1804. He was so delicate a child that his relatives doubted whether he would live to grow up. His grandfather, Abijali Felch,'a revolutionary soldier, was a man of prominence and influence in Limerick. "He vas 'clerk of the plantation before the town was organized: In 1786 he vas appointed one of a committee of three to make application to the general court of Massachusetts for the incorporation of the town, and the act of incorporation was passed the following year. He held the various offices of selectman, town clerk, assessor and treasurer, and representative to the general court in 1813. ï~~14 MESSAGES OF GOVERNORS OF MICHIGAN Captain Daniel Felch, the father of Alpheus, died in October, 1806, when 35 years of age. He was a country merchant, keeping a store at Felch's Cornets, about a mile south of the village, and was the first merchant doing business "between the two Ossipees," meaning the great and little Ossipee rivers. The wife of Captain Daniel was Sally Piper, whose father moved from Stratham, N. H., and settled in Parsonsfield, adjoining Limerick, in the latter part of the 18th century. A few years ago I visited the old Piper house, which is still owned and occupied by his descendants, and was shown the room which, during the first winter after the house was erected, was used as a barn, while the family lived in the other part. She died in February, 1808. Alpheus afterward lived with his grandfather, Abijah, until his death in 1814. After that he lived at times with his grandfather Piper and at times with an aunt. Although he was deprived of the care and nurture of Christian parents at the age of three years, yet he fell under the care of those who did all for him that human love and kindness, other than parental, could do. His education, mental, moral and religious was not neglected. He attended school at Limerick Academy, and at 17 entered Philips' Academy at Exeter, N. H., where he prepared for college. He entered Bowdoin College in 1823, graduating in 1827. Among his contenmporaries in college during these four years were Hawthorne, Longfellow, John P. Hale, Cilley, John S. 0. Abbott, and J. W. Bradbury. Upon his graduation he at once entered upon the study of the law, and was admitted to the bar at Bangor, Maine, in 1830. He commenced practice in Houlton, Maine, where one of his sisters " lived. He was not of rugged health and his lungs were too weak to endure the rigors of that climate. In 1833 his physician advised him that he probably would not survive another winter there. He therefore closed up his business at Houlton, and in June started for the west and south. He went via Bangor, Boston, Providence, New York City, Albany, Buffalo and Detroit. The journey was accomplished by stage, steam-boat and canal-boat. Among his books was found a diary of this journey, which is very interesting reading. He had determined to take a western and southern trip and to visit Mississippi, at the solicitation of his friend, Sargent S. Prentiss, who graduated from Bowdoin College in 1826. He had with him letters,of introduction to certain gentlemen of Monroe, Michigan, among whom was Mr. Wolcott Lawrence. He stopped in Monroe a few days and presented these letters, and then resumed his southern journey. While it is evident that he intended to locate in the south, the diary shows that propositions for his location in Monroe were made to him by Mr. Lawrence, which he took under consideration. At that time Monroe assumed to be the rival of Detroit, and became the home of many prominent men who had faith in its future. ï~~ALPHEUS FELCH 16 At Cincinnati, Ohio, he was attacked with cholera. He recovered from the attack, but the disease was so prevalent and the danger so great that he returned to Monroe to await the approach of cooler weather. He never resumed the journey but, fortunately for Michigan, settled in Monroe and entered upon the practice of his profession. He became acquainted with Lucretia W. Lawrence, the daughter of Wolcott Lawrence, to whom he was married September 14, 1837. His ability, learning and integrity. soon attracted attention, and in 1834 he was elected village attorney. He did not seek political preferment or official position. To some of them he was nominated, as I know from his own lips, without his knowledge and with no intimation that the nomination was intended. From the office of village attorney he was elected, in 1835, a member of the Legislature, after which he was appointed State Bank Commissioner, Auditor General, judge of the circuit court, by virtue of which office he also became one of the justices of the Supreme Court, was elected Governor of the State, and, in 1847, United States Senator for a full term. At the expiration of his term as Senator, and without any solicitation upon his part, President Pierce nominated him one of the commission to adjust and, settle the Spanish and Mexican land claims under the treaty of Guadalupe Hidalgo. He was made president of the commission. In all these public positions, extending over a period of 22 years, he received the respect and esteem of all, regardless of political affiliations. The first great service he rendered the State, as well as the country, was in the office of State Bank Commissioner. The State banks of that period were, as a rule, corrupt and rotten. I have always understood that he was opposed to the banking act, which was passed when he was a member of the Legislature, but I am unable to verify it by reference to the Legislative Journal. My impression is gained from my recollection of conversations with him. It is quite probable that his quiet, modest and unsuspecting disposition led' the bank managers to believe that he could be easily imposed upon and that it would be possible for them to transfer from bank to bank their bags of specie, to be presented for inspection, without detection. They reckoned without their host. His suspicions were early aroused and a brief time sufficed to disclose the fraud. His story. of these banks and his connection with them is one of the most interesting to which I have ever listened. Did time permit I would like to dwell upon it. The present capital was located at Lansing by act of the Legislature when he was Governor. The land speculators were on the alert for lands and were after the school lands, the site of the present capitol. He was aware that such would probably be the case, and immediately upon the ï~~16 MESSAGES OF GOVERNORS OF MICHIGAN passage of the bill by the House caused a letter to be written in much haste to the Land Commissioner at Marshall, withdrawing the land from market. On the same train conveying his letter went also the land speculators to locate this land. An accident occurred and neither passengers nor mail arrived until after the close of the land office for the day. The mail was, however, delivered that night, and when the speculators, on the following morning, applied for the purchase of the land, they were informed that the Governor had withdrawn it from the market. Thus this. valuable land was saved to the State. This incident illustrates the honor, foresight and carefulness of the man, as well as his promptness in looking after the public interests committed to his charge. In all his public career not a breath of suspicion attached to a single act. His performance of public duty was marked with one single purpose, namely, that of honest administration for the public welfare. He exemplified the maxim: "He serves his party best who serves his country best." In the United States Senate his career was not a brilliant one, measured by scenic or oratorical display. He did not make many speeches, but his reports on the subjects committed to his investigation show thorough and exhaustive research and mature judgment. He was chairman of the important committee on public lands, and such was the confidence placed in him that Robert C. Winthrop, one of the Senators from Massachusetts, one day told him that he was not familiar with this subject but he would vote for any measure which Mr. Felch advocated and assured him was proper. He foresaw the commercial future of the State of his adoption and appreciated the necessity of a canal at the falls in the Sault Ste. Marie river to connect Lake Superior with the other great lakes. Prior to that time Senator Cass had made several attempts to secure an appropriation of money for its construction, but the feeling of Congress at that time was against the appropriation of money for internal improvements. Senator Felch conceived the idea of a grant to the State of public lands for that purpose. He several times gave the writer the unwritten history of that appropriation. He first disclosed his plan to the senior Senator. Cass, who informed him that he would do all he could to accomplish the passage of such a bill, but that he had little confidence in its success. Senator Felch introduced the bill, it was referred to his committee, and June 15, 1848, it was reported out, providing for the appropriation of 500,000 acres. He then had private interviews with the Senators, freely and fully discussing the merits of the bill. One of the leading opponents to internal improvements by the government, after listening to the presentation of the case by Mr. Felch, at once informed him that he would support his bill, and when asked'if it would not interfere with his views on inter ï~~ALPHEUS FELCH n17 nal improvements, he replied, in substance: "No, the land is worthless, the country is occupied only by Indians, is uninhabitable, the climate inhospitable, and if anybody will take it and construct a canal they are welcome to it." When the bill was introduced Senator Atchison of Missouri said to Mr. Felch that no one would attempt the construction of that canal for 500,000 acres of land, and that if he really intended to have the canal constructed he would better put in 250,000 more; to which Mr. Felch replied that if he thought so he would have no objection to his making the amendment, which was done. The first bill failed to pass, and I find that on December 9, 1851, he introduced another bill for the same purpose. This bill was reported out. of the committee January 20, 1852, and after a long and vigorous debate passed the Senate. I have not had time to follow its history in the House, but it is sufficient to say that it passed that body and was approved by the Executive. It was due to Mr. Felch's untiring efforts that this bill became a law, thus affording the means for the construction of the first canal, through which now passes more tonnage and merchandise than through any other canal in the world. It would not be truthful to say that the canal would never have been built without his efforts, for its construction at s+me time was as inevitable as the logic of events. It is truthful, however, and his due, to say that he foresaw the logic of events and secured the result before it would otherwise have been obtained. For this alone the people of the State, as well as of the nation, owe him a debt of gratitude. I have snatched time from my judicial work to hastily look over the Congressional Records during his term of service as United States Senator. I find there the key-note to his success. The thoroughness of his work and the sincerity of the man are apparent in every speech he made. He never spoke without preparation and without a thorough examination of the subject before the Senate. His argument against the French spoilation claims covers ten pages of the Congressional Record, and shows an intimate knowledge of the subject, which be could have obtained only by very laborious research. His last act as Senator was the presentation of the credentials of his successor, Hon. Chas. E. Stuart, March 3, 1853. At the close of his Senatorial career he was appointed by President Pierce as one of the commissioners to settle the claims in California, as above mentioned. He had not even a hint of the intention of President Pierce, until the President sent for him and notified him of his intention to appoint him. He accepted the appointment, which was promptly confirmed. by the Senate, and performed its judicial duties in a manner entirely satisfactory to all except those who were ready to corrupt judges and commissioners to satisfy their own selfish greed. I do not know that ï~~18 MESSAGES OF GOVERNORS OF MICHIGAN any such attempt was ever made upon Mr. Felch, as such commissioner. A former resident of Ann Arbor, Miss Jane Brigham, then lived in San Francisco and was acquainted with many of the prominent men and lawyers, some of whom were interested in these claims. She told me that without exception they said that it was of no use to try to influence Commissioner Felch, except by fact and argument. No taint of suspicion ever attached to the decisions of the commission. At the close of his labors on this commission in California he returned to Michigan. A very flattering offer was made to him to remain in California by Gen. W. T. Sherman, who was then a banker in San Francisco, but he rejected it, mainly for the reason that the facilities in that state for the education of his children were not such as were offered in Michigan and such as he desired to give them. His official career was closed. The Democratic party, to which he belonged and to which lie was ardently attached and in whose principles he so thoroughly believed, had lost control in Michigan. He had not even a murmur of complaint at the change or at his retirement from official life. I am not sure that he did not hail the change, so far as he personally was concerned, with delight. As already shown, he was not a seeker after official place. His appointment to the office of circuit judge by Gov. Barry was without solicitation. Gov. Barry selected him and appointed him only a few days before the term of court was to open at Adrian, whither he had to hurry by private conveyance in order to be in season for the work of the term. He opened a law office in Ann Arbor shortly after his return from California and continued in the practice of his profession until his retirement therefrom in the year 1874. In 1879 he was appointed Tappan professor of law in the University of Michigan, which he held for five years. He then resigned, finding the labors too arduous for his age and strength. While there he impressed. his character upon hundreds of young men who are now engaged in the practice of law in every state in the Union. He endeared himself to them by his learning and ability and by his urbanity and kindness of disposition. It was known to the students that he was a contemporary of Daniel Webster and listened to his great speech upon the compromise measures of 1850. They invited him to deliver an address upon his recollections of the great statesman. He assented and delivered it one evening in the lecture hall of the law department. His eyesight had become so poor that he no longer ventured upon the street at night. They sent a carriage to convey him to the lecture hall, and when the address was over, 500 students unhitched the horses from the carriage and drew him to his house, a proceeding of which he was not aware until afterward. He could not be idle but was always at work. He was a great reader and student, especially of the history of his own State. In 1875 he be ï~~ALPHEUS FELCH 19 came a member of this society and was one of its most enthusiastic and valuable members. He was elected its president in 1892 and was annually elected thereafter until his death. He prepared valuable papers for it, one of the most valuable of which is the one on the Indians of Michigan and the cession of their land to the United States by Indian treaties. This was adopted by the State department and printed in the census of 1894. He worked upon this for several years, desiring to make it of value to the State and historically truthful. He was interested in writing the history of the Alamo, and among his papers is a manuscript relating thereto: He intended to re-write it. A few weeks before his death he had sent to Mrs. Butterfield of Grand Rapids for a letter which he had heard was in her possession in regard to a Michigan man, Major Evans, who was there killed. The letter was received a few days before his death and when he had become unconscious. He was ex officio at one time a Member of the board of regents of the University and was greatly interested in the success of that institution. He bequeathed his library, consisting of nearly 4,000 volumes and many pamphlets, to the University. He never destroyed any pamphlet but carefully filed it away, and I am informed by Mr. Davis, the librarian, that it contains'knany which are rare and valuable. The summons, which closed his life, came June 13, 1896. His departure from earth was as peaceful as his life had been while in it. The candle simply burned out, and at the age of nearly 92 he passed. into life eternal. He retained his faculties and his youthful feeling to the last. His private life was as unsullied as was his public. He was always truthful, honest and mindful of the rights and feelings of others. I will relate one incident which will illustrate the principle which governed him throughout his career. He was too ready to lend a helping hand and did not always discriminate as to those who asked his aid. Although he was possessed of no means his name as endorser was as good as money. Consequently his endorsement of the notes of others was received by the banks and money lenders without hesitation. He had endorsed quite heavily prior to 1837. When the financial crash of that year came the makers of these notes were unable to pay. Many of them never did pay but took the benefit of the bankrupt act. He considered it a reproach to go through bankruptcy and informed his creditors, who consisted solely of those who held notes which he had endorsed for others, that if they chose to grant time he would pay them in full. This was readily done, and he paid the last of those endorsements out of his salary as United States Senator. I never knew him to utter a profane, vulgar or uncouth expression, or to tell an uncouth story. I never saw him in anger or heard him utter one single, unkind word, even in the heat of the trial of causes. ï~~MESSAGES OF GOVERNORS OF MICHIGAN As a lawyer he had few superiors. He had not the eloquence to appeal to and move a jury, but his careful and honest presentation of the facts of the case was worth more to his client than finished oratory. He was a hard student and burned the midnight candle instead of the midnight oil. I have known him on many occasions, at his house and in his office, to work past midnight by the light of the candle. He did not seek success in the lawsuit so much as he sought the truth and the establishment of the correct rule of law governing the case. He would not bring a suit or undertake a defense which he did not believe was meritorious. Like all lawyers he was sometimes mistaken and misled. His rule of life in this respect is better told by an incident, of which I have personal knowledge. A man who had been for some years his client consulted him in regard to a trouble with one of his neighbors. The client was rather fond of law suits and was not very particular as to whether he was in the right or wrong. He stated his case, and Mr. Felch informed him that he had no grounds for a law suit and would be defeated. The client still insisted upon bringing the suit, but Mr. Felch peremptorily declined. The client at that became excited and said to him: "Is not my money worth as much to you as that of anybody else." To this Mr. Felch replied: "Yes, but my reputation as a lawyer is worth more. I can not afford to bring a suit for any man when I know that he will be defeated." The client went away, secured another lawyer to bring suit, was defeated and put to an expense of several hundred dollars, and one day returned to Mr. Felch's office, informed him of the result, regretted that he had not followed his advice, and employed him as his advisor from that time on. No phase of a suit escaped his vigilance. His investigation never ceased until the final determination of the case. His opponents never caught him unaware or unprepared. His briefs were models. After his death his executors, who were his children, asked me to examine his legal papers to ascertain what should be preserved. The papers in each case were carefully tied with red tape and laid away. In every case I found a brief in his own handwriting. Among them was a brief upon a very important constitutional question in a suit which was pending in one of the circuit courts of this State. The same question was at that time, August last, pending in the Supreme Court, and in its investigation I had just been engaged. Knowing the ability, learning and patience which he brought to his investigation of constitutional questions I was delighted and eagerly perused it. It covered 44 pages. Its reasoning was conclusive and covered points which the very learned counsel in their briefs in the suit before us had not touched upon. The case had been assigned to me and I had then written it. After reading that brief I re-wrote the opinion and incorporated in it his unanswerable reasoning. I was afterward informed by one of the attorneys employed on the opposite side of ï~~ALPHEUS FELCH 21 the case in which Gov. Feich prepared that brief, that he had no occasion to present it to the court because the court decided the case in favor of the clients of Mr. Felch upon a statement of the case made by him. As a judge upon the circuit bench he was complete master of the situation and controlled the course of litigation with a firm, kind and even hand. He presided with dignity, and all who entered the court room, as either listeners or participants, recognized at once that, so far as the presiding judge was concerned, the cause of justice was in safe hands, and that the attainment of a correct and just result was his sole purpose. I quote from another who saw him upon the bench and whose name stands in the first rank of the lawyers and jurists of this State and country, Hon. Thomas M. Cooley. At the banquet given to Gov. Felch upon his 90th birthday, Judge Cooley said: "Alpheus Felch was the first judge I ever saw upon the bench, and he fairly captivated my imagination. I remember today as vividly as the night of my first seeing him how charmed I was with his presence, with his ease of deportment, with his mastery of the English language, never excessively ornate, but always clear, always to the point, always expressing what the occasion called for, and doing it dn such a way as to the young practitioner could not fail to be charming. Those charges of his to juries seemed to me perfect. There was not a word too many or too few, or that was begotten of mere display; not a word that the simplest man on the jury could not perfectly comprehend, and not a statement of a legal principle that did not bear on its face full justification for its utterance and a complete presentation of the view intended to be imparted. This completeness was always manifest, whether what was said concerned the law or the facts. There was to me something of an education in this. Its effect never passed from my mind, and when I contrasted it with what I soon had occasion to hear from others occupying a position equally high, and who seemed to delight in the use of great words, strong phrases, dogmatic utterances that were uncalled for and seemed to be thrown off by way of fixing the attention of an unlearned crowd upon the court, I could not fail to say to myself that I owed to our own judge lessons of propriety, of dignity in language and manner, that were of the highest importance, and that would attend me during my subsequent professional career, to the very end." Upon the bench he was especially kind to the young attorneys who were just commencing the trial of causes. One day in 1867 a gentleman came into our law office and inquired of me if Gov. Felch was in. I showed him into the room occupied by the Governor and listened to the conversation. The gentleman was a lawyer from one of the western states, was going east upon business, and stopped at Ann Arbor over one train for the sole purpose of seeing Mr. Felch and thanking him for the kind ï~~22 MESSAGES OF GOVERNORS OF MICHIGAN ness extended to him when a young man by Judge Felch in the first case he tried. No poor man or woman, who had a meritorious cause, was turned away from his office without advice or assistance in court. He did not stop to consider whether he would receive compensation or not. To all his labors whether public or private, he brought superior ability, a well trained and educated mind, an upright purpose and a sole desire to reach the truth. While it might be extravagant to say of him, "Take him all in all we ne'er shall see his like again," yet it can truthfully be said, we ne'er shall see his superior in those things which form a noble character. Every age and nation has such men. They are what make the establishment of good government possible and its continuance probable. Such a life overshadows and counteracts the evil effects of hundreds of dishonest men. He had faith in the people and faith in his country. The people never lose faith in such a man. Before I went into the army in 1862 I talked with him about the Civil War, then raging, and the probable result. He deprecated the contest, but recognized the fact that there was no alternative but to fight it out. While lie was a strong Democrat and had no sympathy with the Abolitionists, still he was an unqualified patriot. He had doubts as to the final outcome, but no patriot rejoiced more heartily than he at the final triumph of the Union cause. It was impossible to come in contact with him and not be influenced by him. The reason why everybody loved him was because he loved everybody, and the keynote of his character in this regard is found in his diary, written on the night before he left Houlton, June 15, 1833. He had been out to bid farewell to his friends. The closing sentence of the entry is as follows: "Indeed I should envy no man his heart, who could without some sensation of regret bid adieu to a cat or a dog whose presence had grown familiar to him-much less those friends who had bestowed upon him many of the thousand nameless pleasures of this life." In this spirit of kindness he lived, and it is not therefore surprising that at the age of 90 he could make the reply he did to Mr. S. S. Babcock of Detroit. I give the interview in Mr. Babcock's own language. He writes me: "During the last conversation I had with Gov. Felch, I said to him, 'Governor, you have rounded out a very busy life. Are you willing to say how it seems to you now that the purpling lights of the eastern skies are hid from your view by the hilltops of the years?' Without a moment's hesitation he replied: 'It looks very warm and pleasant toward the sunset.' " ï~~MESSAGES ï~~f ï~~1846 INAUGURAL MESSAGE From Joint Documents of the Sen~ate and House of Representatives, pp. 1-3 FELLOW CITIZENS OF THE SENATE AND HOUSE OF REPWIESENTATIVES: In your presence and in the presence of this convocation of free citizens, I have taken upon me the obligations of the oath required of the chief Executive officer, by the constitution of Michigan. Under the happy system of representative government, offices of power and trust, are the birthright of none. No ancient charter establishes in advance the succession of rulers: no imperial decree, no military prowess, no diplomatic arrangement, designate the individuals who are to be clothed with authority. Under our system, the private citizen listens to the voice of his fellows, and while it is yet sounding in his ear, the duties and responsibilities of official station are resting upon him. Selected by their vote, he is from their own number and receives the chart of his authority from their hand. Thus called by the suffrages of his fellows, it is well that he should enter upon the responsibilities of his office, with the constitution of the State and of the Union in his hand, and upon his lips, the promise, by a solemn appeal to Heaven, to support their provisions and faithfully to perform the duties of the office assumed. The high responsibilities and duties of the office of Chief Magistrate of our State, I take upon me with much diffidence, and with distrust of my own powers and qualifications. Honesty of purpose, and an anxious desire to promote the public good, I can promise, for they are within my own command; but the result with which they shall be attended, is hidden in the future. The history of our young republic, numbering even now scarcely ten years of existence as a State, has been crowded with questions of difficulty and embarrassment. They attended upon her first organization, and for a time stayed the hand that should have written her name on the lists of States composing the American Union. They attended upon her early legislation, and taxed the wisdom of all the departments of government in adopting and putting into operation a system which should secure the best interests of the people. It is not to be denied that the early legislation of the State partook in some degree, as did that of almost every other State in the Union, of the speculative and extravagant spirit of the times. But although in ï~~26 MESSAGES OF GOVERNORS OF MICHIGAN the history of the past we see errors, which with the light of experience, we may now think might have been avoided, yet it is evident that our commonwealth has been blessed with general prosperity, and that her progress has been onward and upwards. The embarrassments which have grown out of the early legislation, to which I have alluded, still, however, present many subjects of difficulty and perplexity, which will demand the careful attention of the legislative and Executive departments of the government. The present State indebtedness ig a matter deeply involving both our interests and reputation. The utmost wisdom will be required to prevent oppressive taxaition for its discharge or the disgrace of repudiation. With the means now in our power, with the benefits of the general prosperity which has recently blessed individual enterprise, and the consequent increase of wealth among our citizens, Michigan will never consent that a farthing of her honest debts should remain -unpaid. The profits of the public works of the State have been much relied on as a means for liquidating this indebtedness. The net proceeds as yet, however, promise little assistance for this purpose. A sale of the works to aid in this design has been proposed, and the action of the legislature on that subject will be anxiously expected. The revision of the statutes, which will be presented for definite action at the present session, opens anew the investigation of every subject of general legislation. The interests of the state involved in the charge of the public property, in the care or disposition of the works of internal improvement, in the proper and most efficient organization of the judiciary, in the management of the university and school funds, in disseminating the benefits of universal education, in guarding, protecting, and preserving every right of every individual citizen and throwing over the whole body politic, the protection and blessings of equal laws and a free government,--these are among the long catalogue of subjects that await your consideration. But upon these subjects, it will be my duty to communicate with you in another form. It will be my pleasure at all times, to co-operate with you in such actions as your wisdom shall dictate, by which the public interests may be secured and promoted. Deeply sensible of the arduous duties and responsibilities which devolve at this time on the Executive, I shrink from the trust which I am here to assume. I can bring to task neither superior wisdom, nor great political experience. I can bring nothing but a firm determination to devote myself to the public service, and with such feeble powers as I may possess, to endeavor to see that the Republic receive no detriment. Called as I have been to this elevated station, by the votes of a large majority of my fellow citizens, without solicitation on my part, nay, ï~~ALPHEUS FELCH 27 even in opposition to my wishes, I enter upon the performance of its duties unembarrassed by obligations to any faction or interest separate from the general good of the public. I claim no exemption from error, neither do I expect to escape the detractions of censure. Committing my motives to the just appreciation of my fellow citizens, I invoke the superintending goodness of Providence, so to direct every effort as to preserve our Republic, and to promote its dearest interests. ALPHEUS FELCH. January 6, 1846 From Joint Documents of the Senate and House of Representatives, pp. 4-30 FELLOW CITIZENS OF THE SENATE AND HousE or REPRESENTATIVES: In commencing the labors which devolve upon the Legislature, at its present annual session, the number and magnitude of the subjects which will require consideration, cannot escape notice. The early legislation of the state, established a policy for the management of public affairs, intended to secure the public interests, and the rights of citizens, to unfold its resources, and to aid its progress from the feebleness of a new republic, to the full development and strength of maturity. The operation of the state government, and the laws which have been adopted to secure the various interests of the body politic, have been watched with anxious solicitude by the people. Under the kind care of a wise Providence, these interests have been constantly expanding and increasing in importance. Immigration has rapidly swelled our population-the forest has been subdued, and cultivated fields have taken its place-flourishing villages have been built-capital and enterprize have found profitable employment in the navigation of our inland seas; industry has opened the workshop of the mechanic, and abundant harvests have rewarded the toil of the husbandman. In the science of government also, under the peculiarities of the organization of the states of the American Union, every year has brought it lessons of experience and wisdom. In this state of constant progression, periods will occur in which the principal subjects of public interest and state policy must be presented for legislative action; and upon the legislature now assembled, devolves the duty of passing upon many important and difficult questions, to which this progression and experience have given rise. Your own sense of the importance to the public of your action, renders it unnecessary for me to invoke your careful attention to the duties which will devolve upon both branches of the legislature. ï~~MESSAGES OF GOVERNORS OF MICHIGAN 28 In the performance of the task imposed upon the Executive at the opening of the annual session of the Legislature, I shall respectfully call your attention to the condition of the affairs of the state, and to some of the matters obviously requiring legislative consideration. The third section of article four of the constitution requires that an enumeration of the inhabitants of the state should be taken in 1845, preparatory to a new apportionment of senators and representatives. An act of the legislature passed at the last session directed the taking of the census in accordance with this constitutional provision, and the returns of the marshals appointed in the several counties have been made, and will be laid before you. By these returns it appears that the whole number of inhabitants in the state-is three hundred and four thousand three hundred and ten, showing an increase in population since 1840, of ninetytwo thousand and forty-three. It will be the duty of the legislature, taking these returns as a basis, to apportion anew the representatives and senators among the several counties and districts according to the number of white inhabitants. In forming the senatorial districts, the same article of the constitution provides that there shall not be more than eight, nor less than four districts, to be composed of contiguous territory, so that each district shall elect an equal number of senators annually, as near as may be. The best interests of the public would seem to require, in the arrangement of the senatorial districts, that such territorial divisions should be made, as will throw together in the several districts, those counties whose interests would appear to be most identical. By a due regard to this precaution, much ill feeling in the selection of senators may be avoided, and a more perfect representation of the interests and wishes of the people be secured. An amendment to the constitutional provision in regard to the time of holding general elections, having been approved by two successive legislatures, and submitted to the people of the state, at the general election in 1844, was found to have been approved by them. This provision, thus adopted, fixes the time for holding the general election, on the first Tuesday in November, instead of the first Monday of that month and the day following. Although this amendment was declared by joint convention of both branches of the legislature, on the seventh of January, 1845, to have been duly adopted, yet no corresponding amendment to the election laws of the state has been made. Many of the provisions of the present statutes on this subject, are totally inapplicable to the provisions of the constitution as amended, and should be repealed, while other provisions will, it is believed, be found necessary in order to secure the full and convenient exercise of the elective franchise under the amendment. The office of Reporter of the decisions of the Supreme Court and ï~~ALPHEUS FELCH 29 Court of Chancery, was created by statute soon after the adoption of our State constitution. Many circumstances have combined however, to prevent the publication of the decisions of these tribunals of justice, at as early a day as the public interest demanded. The death of the individual who held the first appointment as Reporter, and the resignation of his successor, on his appointment to another important office, have contributed to this delay. Two volumes of the decisions of the Court of Chancery have however been published, brought down to the term of March last. The present Reporter has now in press a volume of the decisions of the Supreme Court, which it is expected will, during the present winter, be completed and submitted to the public. This volume, however, will contain but a portion of the decisions of that tribunal, and probably two more volumes may be required for the reports of cases already determined. The importance of the publication of these judicial decisions, giving as they do, a construction to many of our statutes, and declaring the law on many vexed and important questions, which have been ably discussed by counsel, and fully considered by the court, cannot be over estimated. The public interests clearly demand that these publications be continued, at the shortest convenient intervals, and it is understood to be the design of the Reporter to present to the public, within the present year, the reports of all the cases of importance which have been judicially determined in these two courts. Agreeably to the requirements of "An act to provide for consolidating and revising the general laws of the state of Michigan," approved March second, eighteen hundred and forty:four, a commissioner was appointed for that purpose, soon after the passage of the law. His revision will be presented to you at an early day. Your action on this report will be among the most arduous duties of the present session. It involves a review of all the legislation on the numerous and important interests of the State -the private rights and duties of individual citizens-the security of property-the remedies afforded for the violation of private rights, or the breach of obligations; indeed, the whole subject of statutory law is open for your revision. That the general operation of the statute laws of Michigan, thus far, has been favorable to the welfare of the citizen and the body politic, is too well attested by the universal safety and prosperity of the country to admit of a doubt. Defects and incongruities have, however, been observed in them, and experience has doubtless suggested many salutary reforms which may judiciously be engrafted upon them. With the work of the reviser, carefully prepared, before you, the duty of passing upon the revision is committed to your hands. The great object of government and of law is to secure the rights and happiness of individuals, and to do this in the most simple, direct and eco ï~~30 MESSAGES OF GOVERNORS OF MICHIGAN nomical manner possible. For this purpose, the subject of the expenses of government, and of the administration of the laws will deserve careful attention. It may well be questioned whether the machinery of township, county and state administration, may not in some respects be simplified, and some of the offices abolished without detriment to the public interest. I recommend, also, a careful examination of the laws relative to the appointment of officers, with a view of committing to the people themselves, the choice of a larger number of the public servants. A proper graduation of the salaries of officers should also be secured, so as to avoid giving in any case a compensation disproportioned to the labor and responsibility, and at the same time to bestow a reward sufficiently liberal to enable the public to command the efficient services of the best and ablest men. In revising the laws relative to the judiciary, and the proceedings in courts of justice, especial care should be had to establish a system simple and efficient in its operations, economical to the public, and such as shall best secure the rights of parties litigant. I would also respectfully recommend to your consideration the propriety of dispensing with the trial by jury in all cases, unless one of the parties shall signify his desire to have a jury called in the case, and' a modification of the rules of evidence requiring the court to hear and determine the question of alleged interest in a witness whose testimony is offered for the jury, and to exclude him if such interest be established. These and many other matters which will readily suggest themselves are well worthy the consideration of the Legislature, in adopting a revision of the laws. Crude and ill digested innovations, endangering the public interests, should be rejected, while at the same time, a due regard to the general welfare, requires the adoption of all such provisions as manifestly tend to advance the public good, and secure the efficient administration of justice. The present statutes being familiar to our citizens, and many of them having received a judicial construction, it would be sound policy to retain without alteration such portions of them as are free from objection. Excessive legislation, and constant change in the statutes, have given rise to many inconveniences which have often been attributed to other causes. It is to be hoped that the revision of the laws may be of such a character, as to secure a favorable reception from the people, and also to prevent in future those frequent and unnecessary alterations under which the public interest always suffers. It cannot be expected, however, that any general revision can be adopted and go into operation, although beneficial in all its provisions, without occasioning some inconveniences. Time will be requisite for the community to become familiar with its requirements and its remedies, and to conform themselves and their business to its provisions. It should be remembered by all, that a full and ï~~ALPHEUS FELCH 31 fair trial of such code, when once adopted by the proper authorities, is necessary for the public interest, and that permanency and stability in the provisions of our statutes, are the best security for individual rights. The disasters which have been brought upon the people of Michigan, by the numerous banking institutions created within our limits, have had the effect, for the last few years, to check the granting of such chartered privileges by legislative enactment. Since our state organization, there have been in operation eleven banks under charters granted by the territorial government, and seven under enactments of the State Legislatures. There were also established under the provisions of an act to regulate banking institutions, approved, March fifteenth, 1837, and usually denominated the general banking law, forty-nine associations. By an act of the Legislature, approved February sixteenth, eighteen hundred and forty-two, the corporate rights and privileges of forty-seven of these banking associations were expressly annulled, and provision was made for closing up their affairs. By another act of the same date, the acts incorporating all the chartered banks then in operation, except the bank of St. Clair, the Bank of River Raisin, and the Farmers' and Mechanics' Bank of Michigan, were expressly, and by name repealed, reserving, however, to five of them, the right to retain their corporate powers upon certain specified terms. The Oakland County Bank has availed itself of this right, and is now in operation. Of the banks above named, which were not embraced in the repealing act before mentioned, the Bank of St. Clair has ceased to do business. The Michigan State Bank, and the Bank of Michigan, it is understood, still claim a corporate existence, notwithstanding the repeal of their charters by the act above referred to. The Report of the Attorney General, upon whom are now devolved the duties formerly pertaining to the office of Bank Commissioner, will be laid before you, and will exhibit the situation of the banks, five in number, now doing, or claiming to do, a banking business in the state. The power of the Legislature to repeal the general banking law, or to annul the corporate existence of any association organized under it, has not been questioned. This right is expressly reserved by the terms of the act. The power to terminate the existence of a corporation deriving its powers from a special charter, by a repeal of the act of incorpora-. tion, where no such power is expressly reserved, presents a different question. Under the weight of numerous judicial authorities in the Federal and State Courts, the Supreme Court of the State have held that the act above named, purporting to repeal the special charters of the banks enumerated therein, is unconstitutional, and therefore void. The proper method of accomplishing the same objects, where corporations have violated their charters, is, by a judgment in a court of law, or decree ï~~32 MESSAGES OF GOVERNORS OF MICHIGAN in chancery. The power of the Legislature to simplify the proceedings in cases of alleged violation, cannot be doubted, and I respectfully recoinmend to your careful revision, the law upon this subject. Special privileges, or exemption from liability, granted by a charter to an association of individuals, which, as mere individual citizens, the same persons would not possess, should be held under the strict terms of their grant. Any violation of its provisions, or mnanifest perversion of the powers conferred, or any use of them not contemplated by the charter, should be deemed a forfeiture of all such rights and powers, and the method of enforcing this forfeiture should, if possible, be made as direct and simple as the most ordinary proceeding to enforce a legal individual right. Besides these existing bank charters, there are also on our statute books, many other charters granted for various purposes, in some of which forfeiture of the chartered privileges had been incurred by nonuser, and in others by misuser. In some of these cases, the power to repeal by legislative enactment is reserved by the charter itself. In such cases it should be promptly exercised. In others, a simplification of Ilie proceedings to obtain a judicial forfeiture would secure, their speedy determination. My own clear convictions of the inexpediency of allowing charters, for whatever object granted, to remain in force for years after the object of the association is relinquished by those who obtain theni, or a forfeiture has been incurred, induce me to press this matter upon your serious attention. We have already too often witnessed the resuscitation of corporations, which had long ceased to do business, and which have been revived, greatly to the public detriment. Upon no subject has public opinion been more progressive than upon that of corporate powers and privileges. Every instance of the perversion of those powers, every failure of such corporation to meet its pecuniary liabilities, and every instance in which powers thus granted have infringed upon individual rights, have taught us a lesson of caution. The sad experience of the last twenty years, has surprised the most ardent advocates of such institutions, and. given the American people a knowledge upon the subject, which has wrought a wonderful change in public sentiment. He would little deserve the name of patriot, who, having the public interests coinmitted to his charge, should fail to profit by the light thus shed upon his path. The various safeguards, once deemed ample to secure the people from loss, have proved to be totally insufficient for that purpose. Check after check has been tried, and still new limitations and' restrictions are found necessary. It is then obviously important to leave upon the statute book no obsolete grant of special privileges, which may be assumed by individuals at pleasure, to the manifest injury of the community. ï~~ALPHEUS FELCH 33 The experience of Michigan has been such in reference to banking incorporations, as to render it doubtful at least, whether the public good can be subserved by any attempt under the fostering protection of legislative enactment, to create a paper substitute for a gold and silver currency, or to give to the banking business the privileges of a special charter. The ruinous evils produced by an inflated and changeable currency are undeniable. Of the sixty-seven banks and banking associations\ in operation since our State organization, with but a single exception, none have continued in constant operation and with untarnished credit.. Most of them have become bankrupt, their assets have passed into the hands of receivers, their chartered rights have become forfeited, and their paper to a vast amount has proved valueless in the hands of our citi- - zens. These circumstances, still fresh in our memory, afford little inducement again to embark in the hazardous experiment. They should at least admonish us to peculiar caution in listening to any application having for its object the granting of such privileges. In connection with this subject, I would also call your attention to the fact, that, under the present law, any individual creditor or stockholder, may file a bill in chancery against a corporation for a violation of its charter, with a view to obtain a decree of forfeiture. These proceedings by individuals, are usually instituted for the purpose of obtaining satisfaction of some private claim, and may be discontinued at the pleasure of the complainant. I would respectfully suggest, that such proceedings, having for their object a decree of forfeiture, should be commenced at the suit of the Attorney General only, or at least, when commenced by a private individual, that notice should be given to that officer, and a discontinuance should not be had without his approbation., During the past year, thirty-seven convicts have been received into the state penitentiary; thirty-five have been discharged; four escaped, and one deceased. The whole number of prisoners at present, is one hundred and nineteen. There has been drawn from the treasury during the year, for the support of convicts, and for the salaries of officers, the sum of thirteen thousand, one hundred and thirty-three dollars, and twenty-one cents. There have also been expended for the same purpose, sums received from contractors and others, for convict labor, as reported by the agent, amounting to six thousand nine hundred and twenty-two dollars, and seventy cents. Total expenditure, twenty thousand and fifty-five dollars, and ninety-one cents. The receipts from this source have been as follows, viz: Receipts from contractors and others, for convict labor, six thousand, nine hundred and twenty-two dollars, and seventy cents; value of:labor of persons on the walls and -bu 4ings,._. estimated by the agent, four thousand, four hundred and twenty-A. *ollars, and thirty-seven cents, making the whole sum of receipt, e ï~~34 MESSAGES OF GOVERNORS OF MICHIGAN thousand, three hundred and forty-eight dollars and seven cents. The excess of expenditure over income is thus shown to be eight thousand, seven hundred and seven dollars, and eighty-four cents. The prison wall has been completed within the past year, and the basement story of the centre building of the main prison, has been erected according to the plan heretofore adopted. It is expected that this building will be nearly completed during the present year, and that little further expenditure on the prison buildings will be required for several years. The annual reports of the Adjutant General and Quartermaster General, are herewith transmitted. The total number of men enrolled in the militia of Michigan, including officers, privates, and musicians, is sixty thousand nine hundred and five. The quota of arms apportioned to the state for the past year by the federal government, amounting in value to seven thousand nine hundred and sixty dollars, has been received. The apportionment of former years, from the same source, to the amount of thirty thousand dollars in value, have been distributed, according to law, among the volunteer companies of the state. Some further provisions for the safe keeping and preservation of the arms furnished by the United States, and for the return of those already distributed, may be found necessary., The enactments now in force, providing for the organization and discipline of the militia, are believed to be so confused and imperfect as to require careful revision. The provision which requires of the rank and file of the militia, the duties of general muster and training, while imposing a heavy tax, is believed to lead to the acquisition of little or no military skill. Many of the states have already abolished the system. The principal objects to be attained by legislation on this subject, appear to me to be, first, to secure the enrollment of every person in the state, liable to do military duty; secondly, to impose the least possible duty in times of peace, on the persons enrolled; thirdly, to provide a system by which they may be armed and equipped and called out for discipline or service in case of necessity; and finally, to encourage by liberal and judicious provisions of law, the organization and discipline of volunteer companies. By a system embracing these simple objects, it is believed, an efficient organization may be established; one which shall be in strict accordance with our peaceful habits, and at the same time securing the patriotic services of the citizen soldiery of the state, if unfortunately any emergency should demand them. The annual report of the Commissioner of the State Land Office will be laid before you by that officer. The lands belonging to the state, and those under its control as a trust fund, consist of the primary school lands, the university lands, state building lands, internal improvement lands, and asset lands. All these lands, excepting the last mentioned, ï~~ALPHEUS FELCH 35 were bestowed by the United States government, for the purposes indicated by their several designations. The asset lands are such as have been received in payment by the state from sundry debtors. The total amount received for lands of all these descriptions sold during the last fiscal year, was one hundred and eighty-four thousand eight hundred and two dollars and seven cents. Of the asset lands, sales have been made amounting to five thousand and twenty-four dollars and seventy-two cents. The unsold lands of this class are scattered through many of the counties of the state, and are offered for sale at an appraisal, evidences of state indebtedness being received in payment for them. The total appraised value of these lands remaining unsold, is twenty-eight thousand one hundred and seventy-two dollars and forty-one cents. The internal improvement lands comprise a grant of five hundred thousand acres by Congress. Of these lands, there have been sold during the last fiscal year, 80,562 7-100th acres, for the sum of $100,702.73, principally in land warrants. There still remain to be selected by the state on the grant above mentioned, 7,495 59-100th acres. Of the quantity selected, there have been sold in all 206,832 90-100th acres, and there remain unsold 285,671 51-100th acres. There have also been sold during the last fiscal year, primary school lands, to the amount of $33,162.60, university lands to the amount of $27,381, and state building lands, amounting to $10,722.60. An act of the Legislature, approved March 24, 1845, provides for the sale of the salt spring lands, when Congress shall authorize the state to make such a disposition of them. No such authority having as yet been given, nothing has been realized from this source. The subject of common schools is universally acknowledged to be one of vital interest in every free government. The liberal reservation by the general government of section sixteen in each of the townships of the state, for that purpose, has enabled us to secure a fund that will do much in support of our common schools, and for the diffusion of knowledge among the youth of the state. The report of the superintendent of public instruction, will give the necessary information on the important subjects coming within his supervision. The whole number of scholars that have attended the common schools during the past*year, is 75,770. Of these, 69,253 are between the ages of four and eighteen years, 2,289 under four years, and 4,228 over eighteen years. There are also in the state, 20,753 persons between the ages of four and eighteen years, whb have not attended the common schools; the whole number of children between four and eighteen; being 90,006. The amount of.achool interest money distributed in the last year, for the support of the schools, was $22,113. A provision having been made by' Congress, May 20, 1826, by which ï~~36 MESSAGES OF GOVERNORS OF MICHIGAN the state was authorized, when the school section in a township was fractional merely, or entirely wanting, to select other lands to supply the deficiency, the state geologist was by act of March 1, 1845, authorized and required to ascertain the quantity thus deficient, and to report the same to the Legislature, at the present session. This duty has been performed under the direction of the state geologist, and the result will be reported to you by the topographer, to whose charge, since the death of the geologist, the documents relating to the same were committed. These returns contain maps, and complete descriptions of all the fractional sections of common school lands in the lower peninsula, and of lands which have been located to supply such deficiency. The quantity of land to which the state is entitled, for such deficiency in the lower peninsula, is 20,729 68-100 acres. This, added to the quantity of entire sections in the several townships, and also of the fractional sections, gives for the whole amount of school lands in the lower peninsula, 759,518 69-00 acres. The quantity of school lands in the upper peninsula, is estimated at 380,481 31-100 acres. The whole number of acres of school lands in the state, is 1,140,000. The minimum value of these lands, as fixed by law, would be $35,700,000, yielding an annual interest, at seven per cent, of $399,000. A sale of all these lands, at the present minimum price of five dollars per acre, is certainly not at present anticipated, and may not take place for many years, yet the statement exhibits a noble fund, from which the amount actually realized is now very considerable, and must continue greatly to increase. A wise provision of the school law, in connection with a requirement of the constitution, designed to promote the same object, has laid the foundation for valuable township and district school libraries, and during the past year, many such libraries have been established. A more effectual method of fostering a taste for reading, and a thirst for knowledge, and, of diffusing intelligence and enlarged views of morals and patriotism, could scarcely be devised. Their influence is at the fire-side, and in silence, yet it is an influence that will do much to elevate the people of Michigan. Our State University, although it has been in actual operation less than five years, has already given promise of great usefulness, and assumed a rank as a literary institution, of which Michigan may well be proud. There are now connected with the University, seventy students. The ability of its professors, the extensive library and cabinets, and the liberal principles upon which it is conducted, are constantly attracting students to its halls. The fact that no tuition fee is charged to any resident of the state opens its door to all, and makes knowledge literally free. The University fund, at an early day of its existence, became indebted ï~~ALPHEUS FELCH 37 to the State for a loan of $100,000, and the interest of this debt has been liquidated from the interest received annually on the fund. The acts of the Legislature, approved February 28, 1844, and March 11, 1844, authorized the State Treasurer to receive certain property, and State warrants belonging to the University fund, and to credit the same on this loan, and also authorized the sale of University lands for Internal Improvement warrants, which were to be paid into the State Treasury, and credited in like manner. The effect of these provisions have been materially to aid in relieving the fund from its embarrassments. The amount received by the State, under these provisions, and credited to the University fund, is $56,774.14, leaving due to the State from that fund, for principal, $43,225.86. The amount received on this fund during the past fiscal year, for interest on account of lands sold, and on loans, was $9,724.74. Deducting from this sum the interest due the State on the loan before mentioned, above the interest allowed on warrants paid in, the available income for the past year is found to be $6,138.39, while in 1843, it was but little over $1,100. The embarrassment of the fund has occasioned a withdrawal of pecuniary aid from most of the branches of the University. Six of these branches have been continued in operation, three of which are supported entirely by the avails of private tuition; to each of the others, the sum of $200 has been allowed during the year. The number of students in these branches, and in the preparatory department of the University, is 396. It is to be hoped that returning prosperity may again enable the Regents to afford them such aid as necessity and good policy shall demand. The Geological survey of the lower peninsula, having been completed some time since, the final report of the State Geologist, upon this portion of the work, it is understood, was nearly ready at the last session of the' Legislature. The labors of that officer for the last two or three years, have been devoted chiefly to the survey of that portion of our state which borders upon the waters of Lake Superior, known as the upper peninsula. The geological survey of this region, was so connected with a lineal survey, made by the geologist under a, contract with the United States, as to occasion little expense to the treasury. The recent melancholy dispensation of Divine Providence, in the sudden death, in the midst of his labors and his usefulness, of the faithful and efficient officer, who has held this appointment from the first organization of the department, will, it is feared, throw many difficulties in the way of making available all the valuable information acquired in the various surveys and examinations. No report of the labors of the Geologist for the past season will be made to you, nor is any person authorized to complete or finish the final report on the lower peninsula, which is understood to be nearly prepared ï~~388 MESSAGES OF GOVERNORS OF MICHIGAN for the press. Many valuable engravings have been procured for this work, and much expense has already been incurred. I respectfully recommend to the Legislature, that such measures as their discretion may dictate, be taken to secure to the public, so far as it can be done, the full benefit of the materials in this department. The expenses of the geological department, since its organization, including the salaries of officers, amount to $50,779.02. The expenditures on the state salt springs, made under the direction of the department, in connection with the surveys, amount to the additional sum of $33,996.93. The geological surveys have abundantly developed the resources of the state, and exhibited the fact, that in agricultural and mineral wealth, and in all the elements of true prosperity, Michigan possesses advantages excelled by no other state in the Union. The embarrassed condition of the treasury admonishes us, however, to avoid every expenditure not absolutely indispensable, and I submit to your consideration, whether the duties of this department are not now so far completed, as to render it expedient to bring them to a close, after making the necessary provision to preserve the information already obtained. The proper action on this subject, however, must depend much upon the condition in which the affairs of the department upon investigation shall be found. A continued examination of the mineral region of the upper peninsula may be found desirable, yet as the lineal surveys of the United States will unquestionably be continued, it is possible that an arrangement may be made, by which an examination can be had in connection with this service, at an expense comparatively trifling. The mineral region within our territorial limits on the upper peninsula, has, within the past year, assumed an increased importance in the public estimation. Much time, labor, and expense, must necessarily be required fully to develope the resources of this region, but with the limited information already possessed, it begins to be regarded as one of the richest mineral countries of the world. The mines already opened by individual enterprize have furnished the richest ores of iron, copper and silver. Their value and extent remain for future operations to ascertain. Enough is already known, to give additional interest to this section of our State, to open new fields for industry and enterprize, and to require the early attention of the legislature, to the important interests rapidly growing up in this wealthy, yet hitherto uninhabited portion of the commonwealth. From the best information to be obtained, there are remaining in the mining country, during the present winter, some three hundred men. This number will undoubtedly be increased on the opening of spring, and there is reason to believe that a permanent and constantly increas ï~~ALPHEUS FELCH 39 ing population will soon be established there in the pursuit of mineral wealth. At present this whole region is within the jurisdiction of Chippewa county, for the administration of justice, yet in consequence of its great distance, from the county seat, and of the fact that there is not an officer of any grade appointed under the state authority, residing in the whole region of the South shore of Lake Superior, that county is deprived of the benefits of government. I would therefore respectfully recommend the organization of one county in this territory, or more, if found to be required by the public interest. Although the lands in the Upper Peninsula have been ceded by the Indians to the United States, the surveys are yet incomplete, and no portion of the territory has been offered for sale. The present occupants are understood to hold their rights under leases from the United States. The leasing by the general government of lands within the limits of Michigan, introduces a policy which may essentially affect our rights, involve us in questions of conflicting jurisdiction, and establish a permanent tenantry within our borders. The power to grant such leases, depends, it is understood, upon the provisions of the act of Congress, approved March 3, 1807. This act applies to lead mines only, and is confined to those within the Indiana territory. It is difficult to conceive how the power to lease the copper, iron, and silver mines in this state, can be sustained by the provisions of this act. The action of Congress, under the recommendation of the President, at its present session, will be looked for with great interest. A fair construction of the rights of the State, under the act of June 15, 1836, admitting the sovereignty of Michigan over the territory in question, and reserving the right to sell the vacant and unsold lands within her limits, but providing, (with this exception,) that the subject of public lands should be regulated by future action between Congress on the part of the United States, and the said State of Michigan, in my opinion, precludes the power of Congress to establish a system intended to retain the title in the lands in perpetuity, free froi taxation, but occupied by tenants, without the consent of the State. But without discussing the power of Congress in the premises, the injustice to the State, of such legislation, and its inexpediency so far as the interests of both parties are concerned, would seem to be a sufficient safeguard against it. The recent experience of a neighboring State, in which large tracts of country are held under lease-hold tenures, admonishes us of the evils which such a system might entail upon us. If combinations to resist the laws of that State, were able for a time to set the authorities at defiance, and crimes of the deepest dye were committed for the accomplishment of ï~~40 MESSAGES OF GOVERNORS OF MICHIGAN such opposition, among a tenantry engaged in the quiet pursuits of agriculture, should we not have much more to apprehend front a tenantry scattered over the mining district, pursuing a more hazardous business, fired with the spirit of adventure and engaged in the strife for wealth? The very genius of our government seeks to make every man a freeman, and a free-holder. The fact that the United States would be the lessor of such a tenantry, makes the matter still more objectionable. The title of the lessor would be exempt from taxation, while the property of the tenant would be subject to it. This divided interest, subject to taxation in part, and in part exempt from it, would present many questions of difficulty and embarrassment, which should be avoided. The proposition to sell the lands to individuals, reserving the mines upon them, or a specified portion of the proceeds, would seem to be equally objectionable. It would bring with it voluminous legislation by Congress, on the new rights and duties thus created, and would lead to similar difficulties and embarrassments. No law of the federal government has provided for a general reservation of lands containing minerals from sale, and no sale of lands it is believed, has been made, reserving the minerals thereon, or any part of them, to the government. On the contrary, lands containing iron, coal, lead, and probably other minerals, have been disposed of by sale, and patents given conveying to the purchaser an absolute title; and no reason can be conceived, why this portion of the public domain should not be disposed of in like manner. The system of leasing the lead mines by the United States, so far as the experiment has been tried, has been found both unwise and unproritable. For the last four years, the amount of receipts front this source, is reported at $6,354.74, while the expenses incidental to it have been $26,111.11. The lead mines in Missouri, were at one time leased, but remonstrance was made by that state, and, by an act of Congress of March 3d, 1829, the lands were subjected to sale, like other parts of the public domain. It has been the intention of the state authorities to locate the balance of the lands already granted by Congress, and not yet selected, on the more valuable portion of the northern peninsula. The system of leasing, in many instances before the surveys are completed, has the tendency to preclude the full benefit of choice selections in that region. The territory contained in the mining region was ceded to the United States, by treaty concluded with the Chippewa and Ottawa Indians, October 4, 1842. The second article of this treaty provides that the Indians shall "retain the right of hunting on the ceded territory, with the other usual privileges of occupancy, until required to be removed by the President of the United States, and that the laws shall be continued ï~~ALPHEUS FELCH 41 in force in respect to the trade and intercourse with the whites until otherwise ordered by Congress." The act of Congress regulating trade and intercourse with the Indian tribes, passed June 30, 1834, under the construction which has been given, and the regulations made by the war department, if valid, materially interferes with a full exercise of state jurisdiction within the ceded territory, although within our knowledged limits. The attention of the Legislature was called to this extraordinary provision of the treaty, before its ratification by the United States Senate, and a resolution was passed, January 24, 1843, instructing our senators to use their exertions to have this objectionable cause expunged. And again, after its ratification, by a resolution of March 24, 1845, the desire of the state that all such jurisdiction might be terminated was expressed. Justice to the state, undoubtedly requires a removal by Congress, of all obstacles to the perfect enjoyment of a full exercise of sovereignty over our entire limits. I respectfully commend these matters to your attention, in the belief that a proper representation of the views and interest of Michigan on these subjects, before any practical difficulty has arisen in regard to them, will secure such action by Congress as shall fully preserve every right and interest of the state, and prevent any question which may threaten to disturb harmony of feeling between the parties. Legislation by Congress, of the character here indicated, relative to the mineral lands, need not, and should not be permitted to injure the interests of those who have already taken leases. Their rights may not only be protected by government, but interests may be secured to them without detriment to the public, which shall be more valuable than the brief and rent-tax tenures secured by their leases. The, reports of the Auditor General and State Treasurer, exhibit the finances of the state, its expenditures and resources. The whole amount of receipts into the treasury, during the year, is $337,628.10, and the amount of expenditures is $355,160.26. The balance remaining in the treasury, at the end of the fiscal year, was $18,892.81, which consisted of $17,640 in treasury notes, and $1,252.81 in coin and current funds. The resources and liabilities of the State are arranged under four general heads, viz: The general fund,, the internal improvement fund, the trust funds, and the contingent liabilities of the State. The last two do not require present notice. The total amount due from the general fund, is $272,789.37 The resources to meet the liabilities of this fund are as follows, viz: Unsold state tax lands, nominally $11,251, say................$ 4,000.00 Lands unredeemed, sold to state at tax sales of 1844-5........68,561.04 ï~~42 MESSAGES OF GOVERNORS OF MICHIGAN Unpaid taxes of 1844 above balances due certain counties on account of same..................................... $18,000.00 Due from sundry counties, besides taxes of 1844, returned and credited to them....................................... 30,165.94 Interest past due on unredeemed lands and unpaid taxes belonging to state......................................15,000.00 Res'ces of gen. fund in addition to annual state tax, &c......$135,726.98 The aggregate valuation of property in the state in 1845, was $28,932,097.59. The state tax levied for that year, was $72,305.23. This amount will be due to the treasury after the first of February next, and will, when received, go into the general fund. The aggregate of county taxes levied in the state the last year, was $159,753.34 Half mill school tax..................................... 14,463.15 Road tax............................................... 180,789.70 The debt due from the internal fund, including interest to July 1, 1845, is $4,121,720.79. The resources of the state which are properly applicable to the indebtedness of this fund, consist of the Central and Southern Rail Roads, with their stock and fixtures, which, with ten per centum added for interest during construction, amounts to....................$3,343,284.92 Unsold internal improvement land....................... 357,089.38 Balance of 500,000 acres yet to be selected, 7,495 59-100th acres, valued at $10 per acre........................... 74,955.90 Salt spring lands, 72 sections, average value $2.50 per acre.. 115,200.00 Asset lands, appraised and for sale at land office............26,172.41 Other assets, received of state bank, &c., say........... 10,000.00 $3,928,702.61 The value of some of the items here stated, it will be perceived, is obtained by estimate only, and cannot therefore be considered as entirely accurate. The above statement of the indebtedness of this fund, includes the outstanding internal improvement warrants, which amount to $508,468.00 Warrants payable in land only............................ 25,991.62 Treasury notes or scrip.................................. 52,360.00 It also includes on the unadjusted internal improvement bonds the sum of $1,232,450.72, with interest on the same to July 1, 1845. The total amount of these unadjusted bonds, is $3,813,000, upon,which the sum of $1,607,593.12 only, including interest, has been received. An act of the legislature, approved March 8, 1843, proposed certain terms for an adjustment of the amount actually due on these bonds, but no final dis ï~~ALPHEUS FELCH 43 position of the matter has yet been made. By the same act the proceeds of all the public works of the state, were pledged to the payment of interest on the adjusted internal improvement indebtedness of the state, except so far as they had been appropriated for certain work on the roads, and so far as the same might be necessary to purchase locomotives and cars, to redeem the outstanding state scrip, and to pay the interest on certain domestic debts; and the law further provided, that if their proceeds should be insufficient for the purpose of paying such interest by the first of January, 1846, and there should be no other sufficient means in the treasury, not otherwise appropriated, the deficiency should be provided for by taxation. For reasons alleged in the report of the commissioner of internal improvement, the revenue of these public works was found on the first of the present month to have yielded no surplus to be applied in discharge of the interest on the bonds, and there were no other unappropriated funds for that purpose in the treasury. In accordance with the duty imposed. by the statute last mentioned, the Auditor General has therefore issued his circular to the Board of Supervisors of the several counties, requiring the necessary tax for that purpose to be levied. The amount of the installment now to be levied is $52,621.10. The total valuation of property in the state, is $28,922,097.59, upon which, the above sum will require a tax of about one mill and four-fifths on the dollar. The installment which falls due in July next, will require the levy of an equal amount, if there should be no other means of payment. The terms of the act last mentioned, are understood to have been satisfactory to the bond holders. Although the interest has not been realized from the works of internal improvement, as was anticipated, yet the promptness with which means have been taken to raise the amount, in the manner provided by the act, must, at least, show a determination in good faith, on the part of Michigan, to redeem her pledge in regard to these obligations. The relation of debtor and creditoir imposes the duty of payment on the former, as a moral and civil obligation which cannot be avoided. Under a deep sense of this obligation, and under the express pledge given by our statute, it is confidently believed every citizen will heartily and cheerfully co-operate in keeping our plighted faith inviolate. Taxation, always objectional, should be avoided if possible, yet when necessary and kept within reasonable limits, it is infinitely preferable to the disgrace and self-abasement of repudiation. The debts of the state must and will be paid. A sense of justice to rightful creditors, our own interests as a new commonwealth, inviting population and capital within our borders, and our duty to ourselves as an industrial community, alike demand of us the adoption of a policy which shall tend to their discharge at the earliest possible moment. The resources of the ï~~44 MESSAGES OF GOVERNORS OF MICHIGAN state already designated for that purpose, should be strictly applied to that object. The increase of property within her limits, and the general prosperity of her citizens, afford confident assurance that the whole duty of Michigan will be cheerfully performed. The total amount expended on the works of internal improvement during the past year, for which warrants have been drawn, is $141,805.47. Sixteen miles of the extension of the Central Railroad from Marshall to Kalamazoo, have been completed, and the unfinished portion,. it is expected, will be ready for use in six or eight weeks. The expenditures on this road for construction, exclusive of iron and spike, during th'e year, amount to $99,291.15 There have also been expended on the Southern railroad, including the Tecumseh branch............................$1.3,985.35 Clinton and Kalamazoo canal.............................17,320.63 Improvement of St. Joseph river.......................... 5,733.28 Flint river................................ 4,029.68 " Grand, Maple and Kalamazoo rivers...........811.31 94 * Salt Springs, Tittibawassee.................252.00 Northern railroad....................................... 300.00 Detroit and Grand River road............................. 82.25 $141,805.47 Unexpended balances of appropriations on some of these works still remain. The report of the board of Internal Improvement will present the details of their operations during the year. Two only of the works of internal improvement in the state have yielded any income-the Central and Southern railroads. The receipts on the Central road during the past year have been $202,746.57, and the running expenses during the same time have been $104,118.09 showing a net income of $98,628.48. The receipts of the Southern road for the year have been $62,735.62, and the running expenses $49,821.41, leaving a net income of $12,914.21. The cost of constructing the Central road, including ten per cent on cost of construction, and stock and fixtures, amounts to $2,238,289.72, and of the Southern road, the cost of construction, including the Tecumseh branch, is $1,125,590.65. The whole amount above stated as the net proceeds of the two roads, has been expended during the year, for iron, spike and transportation, for locomotives, cars, and pay of engineers employed in the construction of the road, excepting the sum of $600 which was paid into the treasury. A project for the sale of the roads, was agitated by a former legislature, and has been much discussed by the public. It is a subject of great difficulty and importance. Two objects are proposed by the contemplated sale. The first is by a ï~~ALPHEUS FELCH 45 disposition of the works which were undertaken by the state, and a relinquishment of the internal improvement system, to separate the government from a business which has usually been the subject of individual enterprise. The conducting by the state, of such works, involves the ordinary hazards attending the ownerships of large amounts of property, the necessary risk of extensive business operations, and the employment of, numerous officers, agents, and laborers, who are paid from avails belonging to the public treasury. The business of transporting passengers and freight by railroad, is clearly not within the ordinary designs of a state government, and it is believed that that system is best, which is the most strictly confined to its necessary and simple duties, and participates least in matters of ordinary business. A sale of these works, would have the effect to simplify the operations of the state, to reduce the number of officers and servants in its employ, and to render less complicated the whole machinery of government. The proposition for a sale, however, is urged principally as a means of discharging in whole or in part the debt due from the internal improvement fund. For this purpose it must be regarded as a relief measure, and inless the amount received should be such as to cancel this debt, or to afford essential relief from it, the object of a sale would be defeated. To dispose of this property, and the right of enjoying it, on terms that would leave the debt still outstanding, without essential diminution, would be to yield our means of payment, without ridding us of our embarrassments. If a sale can be made on such terms as will secure essential relief from those embarrassments, the expedience of such disposal of them must depend much on the profits of those works, both present and prospective, to the treasury-the sum necessary to complete them so far as to put them in a state to yield the greatest amount of revenue, and the ability of the state to make such advances. From the returns of the past year it is evident that the income from them in their present situation, can do nothing towards paying the principal of the debt. In fact, they have fallen far short of paying the interest on the original cost of their construction. The bridges, and much of the superstructure on the Central road from Detroit to Dexter, some fifty miles, must in a short time be rebuilt, and the iron for that distance re-laid. If iron of the same size as that originally laid, should be used, the cost for this and other necessary repairs on this portion of the 'route alone, would not probably fall short of $200,000. The other portions of the road having been used for a shorter time, would require less repairs, but must still be a constant drain upon its proceeds. The annual interest on the adjusted portion of the debt for which the ï~~46 MESSAGES OF GOVERNORS OF MICHIGAN whole proceeds of the two roads are pledged, by the act of March 8, 1843, is nearly $122,000, and the interest on the amount due on the unadjusted portion, to which the same pledge is by the act to be extended when the same shall be adjusted, is nearly $100,000 annually. If the proceeds of the Central road are applied to the payment of this interest according to the terms of the last mentioned act, there will be nothing with which to re-build the road. If by subsequent provisions of law, the repairs are made out of the proceeds of the road, no resource is left to pay the interest, other than a tax upon the people; and it will be borne in mind that without the repairs above mentioned, the road must soon become useless. The above estimate is upon the hypothesis, that the road is merely to be kept in a condition for doing business, by making the requisite repairs and by re-building portions of it, in the same manner in which it was originally constructed. But a proper regard for the best interests of the public, if the roads should be retained by the State, would require something more than this. The Central road should be extended to the waters of Lake Michigan, and the Southern, with the Tecumseh branch should be put into a condition to command the greatest possible income from the investment in its construction. We have been accustomed to look to these roads as the means of transporting the rich productions of the wheat growing country in the interior, to the waters upon which they are to be floated to a distant market. Experience has proven, however, that the transportation has been at charges, little, if any less than the cost of carriage by teams. On the Central road, about two-thirds of the total receipts, were until last year, derived from freight, and the remainder from passengers. On the Southern road the proportionate amount received for freight is much greater. It is evident, then, that freight forms an important part of the business of the roads, and it is of great moment to the public that it should be done at low rates. But roads with the light superstructure and iron of ours, it is now clearly demonstrated, both here and elsewhere where the experiment has been fairly tried, cannot do a profi.table freighting business without charging for transportation, rates ruinous to the producer. The weight of the heavy freight trains soon breaks the iron, and injures the wooden superstructure of the road-the machinery often requires extensive repairs, and is soon rendered useless, and the weight drawn by a locomotive is small, compared with that drawn by the same power over roads of greater solidity. Much complaint has existed of the high charges for freight on these roads, yet, even at these rates, it is very doubtful whether anything has been received from this branch of their business, above the expenses of transportation, and the actual injury to the roads and their stock and fixtures. If we can judge anything by universal experience on this subject, it would seem that true policy requires the Central road to ï~~ALPHEUS FELCH 47 be speedily re-built with a more substantial superstructure and with a T or H rail. In no other manner, it is believed, can the road be made to do the business which seeks this means of transportation, with profit to the treasury, and at rates which shall enable the farmer in this manner to forward his produce to market. A comparison of the freight charged on our roads with those charged for the same distance on many of the eastern roads, will exhibit the peculiar advantages of the above mode of construction over our own. If the roads should be repaired by using the heavy rail, and completed in this manner to Dexter, the requisite expenditure on this section alone could not be less than $500,000. For this purpose the present profits of the road, even if the whole of them could be directed to this object, would be totally inadequate. The limited quantity of land now remaining and appropriated to internal improvement purposes would be equally unr available. Taxation, to raise means for this purpose, could not be attempted, and a new loan would be alike objectionable and impracticable. While I thus speak of the condition of these roads, and the expenditure necessary to put them into a condition to yield the utmost profit to the treasury, I do not lightly estimate the value of the public works. The geographical position of a railroad crossing the peninsula of Michigan, is such as must necessarily control an immense travel, and an almost unlimited freight business. When the contemplated route, soon to be commenced across Canada west is completed, the Central railroad will form a link in that chain of intercommunication between the east and the west, which must eventually become one of the greatest thoroughfares in the land, and which, when properly repaired, will be one of the most profitable roads in the Union. Indeed, its present proceeds, under all its disadvantages, clearly evince its capabilities. No direct proposition for the purchase of these works, or either of them, has yet been made, but it is understood that there are those who are ready to negotiate for the purchase, if it can be made on terms sufficiently favorable. The granting of an act of incorporation to the purchasers, seems to be deemed indispensable. The reluctance of many of our citizens to see these important works fall into the hands of corporate bodies, has occasioned some opposition to the proposed sale, and it must be admitted that this objection is not without weight. If the Legislature should entertain the proposition favorably, it will of course be in their power to annex to the corporation, such guards and restrictions as in their opinion shall best secure the public interest. A maximum rate of tolls may be established in the charter; the company may be required to finish the roads in the best possible manner, and in such time as the Legislature may designate, and to keep them in the best possible repair, and in constant operation. The right of re-purchase after a cer ï~~MESSAGES OF GOVERNORS OF MICHIGAN tain period, and on certain conditions, may, if deemed advisable, be retained by the State, and a simple method, in case of forfeiture of the chartered privileges, may be adopted for annulling the charter and revesting the property in the State. But while every requisite guard should be thrown around such charted rights, it should be remembered, that the facilities granted in such charter, will be regarded as of the utmost importance by those proposing to purchase, and the character of the provisions may very possibly determine the question whether or not a sale can be effected. The utmost discretion is therefore necessary in so framing the provisions of such a charter, as to protect as fully as possible the public weal on the one hand, and not to defeat the possibility of a sale, by unusual restrictions and impracticable requirements on the other. The passing of an act of incorporation by the Legislature, containing provisions for the purchase of these works of internal improvement by a company or companies to be organized under it, would seem to require that the detail and consummation of such purchase should be committed to certain state officers, or to a board to be appointed for that special purpose. The same board might perhaps with propriety be authorized if no purchases should be made under the terms proposed by legislative enactinent, to receive propositions for such purchase, and to lay them before the next Legislature, for its consideration. In viewing the whole matter as to the disposition of the public works, no course of action free from all Qbjections and difficulties presented. The importance of the works clearly indicate that when completed in the proper manner, and with the requisite stock and fixtures, they will be sources of great profit. But the means to put them in that condition are not within the resources of the state. On the contrary, the debt contracted for their original construction, is pressing upon us, and the interest is required to be paid. If no relief from this source is obtained towards the liquidation of the debt, direct taxation appears to me to be the only means left within the power of the State to meet the demand. As a means of avoiding these difficulties, I commend to your careful consideration the project of a sale. Coming fresh from the people among whom the matter has been the subject of frequent discussion, you will bring to the task an intimate acquaintance with the views and wishes of those mainly interested in the result. If no sale should be effected, it will then become important to settle upon a course of policy in reference to our improvements, and to provide for meeting the demands on the public treasury to which I have already alluded. In view of the limited means within our control, further embarrassment should, if possible, be avoided, while at the same time prompt measures should' be taken to put the works in a condition to yield the greatest amount of ï~~ALPHEUS FELCH 49 revenue to the treasury. Any judicious method tending to accomplish this object which you may in your wisdom see fit to adopt, will receive the hearty co-operation of the Executive. While the trusts which are committed to the Legislature, pertain chiefly to the rights and interests of our own state, we should never forget that this commonwealth, as one of the members of the federal Union, is laden with important duties and high obligations. The association of these sovereign states, is not to be regarded merely as a Union for the preservation or happiness of each, but rather as a confederation in the holy work of guarding and protecting human rights-of exalting civil liberty high above anarchy and despotism, and testing the wisdom, safety and practicability of free government. Success in such a cause is not for the present alone. It is to cast its blessings into the lap of the future. It is to break the sceptre of tyranny-to dispel ignorance and bigotry-to shed light on the public intellect-to elevate the moral being -to make man a freeman in the highest and noblest sense. It is to give to the world the benefits of institutions and laws extending their restraints and protection over all, yet so kindly in their influence, that, like the air by which we are surrounded, their presence should not shackle, nor their weight oppress. As a member of a Union for such objects, the duty of Michigan is plain.. No act of ours should weaken the chain that binds us in such a brotherhood. No legislation should give sanction to injustice or oppression, but every measure should tend to promote the noble object of self government, and the advancement of civil rights. From honest efforts in such a cause, the blessing of Him, who holdeth the nations in His hand, will not be withheld. ALPHEUS FELCH. February 17, 1846 From Journal of the Senate, pp. 156-158 TO THE SENATE AND HOUSE OP REPRESENTATIVES: Since the last session of the legislature there has been transmitted to this state, under the direction of the Congress of the United States, a copy of the "Narrative of the United States Exploring Expedition," under the command of Charles Wilkes, U. S. N., in five quarto volumes with an atlas. There has also been received from the state of New York, agreeably to a resolution for that purpose, adopted by the legislature of that state, a copy of a work on the Natural History of New York, published under the auspices of state authority, in ten quarto volumes with a geological map. ï~~50 MESSAGES OF GOVERNORS OF MICHIGAN These works are bound in the best manner, and contain many valuable and finely executed engravings. They are books of great value, and should be carefully preserved. It has been suggested that their preservation would be better secured, and the beneficial use of them be extended by depositing them, for the present at least, in the library of the University of Michigan, than by placing them in the state library at the capitol. I respectfully solicit the attention of the legislature to this subject, with a view to making such disposition of these works as shall best comport with the interest of the public, and the object of these valuable donations. A communication has been received by me from the Assistant Librarian of Harvard University, soliciting from this state the donation of a copy of each of the documents, reports, maps, &c., which have been or may hereafter be published by the state authority, to be deposited in the library of that University. The library of that ancient and honourable institution is among the best and most extensive in the western continent, and in the department devoted to works on American history and legislation, is probably exceeded by none in the world. Much of the history of every state is to be found in its public documents, and yet few of these ever find their way into any safe and convenient depository for future reference beyond the capitol, and in a few years they are no where to be obtained. Indeed, it is now true of many of the states in the Union, that perfect sets of the public documents can no where be found, and it is to be feared that the same will soon be true of this state, unless the subject receive immediate attention. It would seem to be a duty as well to posterity as to ourselves, to place these materials for writing the annals of our commonwealth-these contributions of the history of the times and of free government-these memorials of the efforts and the energies of our young republic, in public depositories, where they shall be safe from destruction, and shall be preserved for convenient reference by all who may have occasion to consult them. The expense of furnishing copies of such documents to some of the principal libraries in the country, would be trifling, and would be richly compensated by the advantage to be derived from it. I find also, in the Executive office a communication, which was received some time since from the "New York Historical Society," soliciting a like donation to the library of that association. The zealous and praise worthy efforts of that society have long been devoted to the collection of books and documents in the department of American history, and its extensive library is the depository of many rare and valuable works on this subject. I respectfully suggest to the consideration of the legislature the propriety of granting the donation solicited by the society. ALPHEUS FELCH. ï~~ALPHEUS FELCH 51 February 27, 1846 From Documents accompanying Journal of the Senate, Document No. 16, p. 1 To THE SENATE: In compliance with a. resolution of the Senate, requesting information as to what action, if any, has been had under the joint resolution authorizing the employment of an emigration agent in New York, approved March 24th, 1845, I have caused an examination to be made for the purpose of procuring the desired information. Under the authority of the resolution last mentioned, John Almy, Esq., was appointed by my predecessor, to the agency on the 19th of April, 1845. His employment in that capacity was restricted to two months, and his compensation to sixty dollars a month. He was also authorized to expend a sum not exceeding thirty dollars; in procuring certain printing to be done, with a view to extending information in connection with a pamphlet already prepared by Mr. Almy, relative to the lands and public works of this state, and the inducements presented to emigrants to select Michigan for their residence. He was also authorized to expend a small sum, if he found it necessary, for the employment of interpreters for the purpose of disseminating like information among immigrating foreigners who were not acquainted with the English language. Mr. Almy was directed to forward to the Executive office weekly statements of his proceedings in the agency. I find in the office only one communication from Mr. Almy on the subject; and I herewith transmit a copy of such portion of the letter as relates to his action as such agent. No other information on this subject is found in this office. By reference to the books and files in the offices of the Auditor General and the Mtate Treasurer, it appears that Mr. Almy received two hundred dollars in part payment for his services as such agent on the 14th of June last. This amount was drawn from the contingent fund agreeably to the provisions of the joint resolution and by direction of the Governor. Nothing more appears to have been expended under the joint resolution. ALPHEUS FELCH. March 19, 1846 From Journal of the Senate, pp. 284-288 TO THE SENATE: I herewith return to the Senate, where the same originated, without my signature, "a joint resolution for the relief of Thomas K. Green." ï~~52 MESSAGES OF GOVERNORS OF MICHIGAN The preamble to the resolution recites certain facts as the foundation of the relief granted, and the Commissioner of the Land Office is required, if such statement is found to be correct, to issue to said Green a certificate of purchase of certain lands to the amount, at five dollars per acre, of five hundred and forty dollars and twenty-three cents, with interest thereon. The lands thus proposed to be given are a portion of the primary school lands. The facts thus spread upon the record as the foundation of the claim for which the proposed grant is to be made, deserve careful consideration. It appears therefrom that said Green became the purchaser of certain school lands at auction held by the superintendent of public instruction, int July, 1837. Upon his purchase made at that time, he has already had the benefit of two relief laws, modifying and relaxing the terms of his voluntary contract. The first relief thus granted was by act number 7, approved January 25, 1842. This act recites that said Green had purchased at public sale, the northeast fractional quarter of section number 16, in town seven south, of range seventeen west, separately at $16.25 per acre, and two other quarters of the same section together. These last were bid in at $13.75 per acre. The sale of the two last mentioned quarter sections in one body was erroneous, for the reason that the law required the superintendent to offer the land for sale in parcels not exceeding one hundred and sixty acres. The purchaser received a contract covering the three quarter sections, and made certain payments upon the same. Act number 7 afforded him relief by allowing him, on his own request, to have the certificate of sale cancelled, and a new one given for the quarter section first purchased only, and to apply the payments on the whole purchase to the price of the. quarter section retained by him.. This act is not a mere correction of an error in selling the two last mentioned quarter sections together. If that had been the object, it would have been accomplished by merely legalizing the entire purchase. But it is in fact allowed him, at his option, to give up the two quarter sections which were sold together, and to have the full benefits of all payments made upon them, by applying them on the price of the quarter section first purchased. In the sale of this quarter section there was no error to be corrected, and the legislature might easily have authorized new contracts to be given for each parcel separately, without annulling any portion of the sale. By reference to the petition filed by Mr. Green, upon which the benefits afforded him by act number 7 were granted, it appears that the relief given by the act was in accordance with his request, and to the utmost extent of his prayer. He petitions not to retain, but to be permitted to forfeit the two quarter sections last bid in by him; and among other reasons alleged that the land was bid in by him at a price above its ï~~ALPHEUS FELCH 53 actual value, and that he was induced to purchase by the belief that they were necessary to the enjoyment of a waterpower on the quarter section first bid in, when in fact it proved that no part of the stream was on the two quarter sections. Having received the relief sought by him to its full extent under this act, he obtains a new contract under its provisions for the quarter section which he desired to retain. On this new contract he was entitled to a patent on the payment of $332.98, that being the balance due on the quarter section described in it, after deducting the whole amount paid by him on the purchase of the three quarter sections described in the first contract. The second relief obtained by legislative enactment, was under act number 27, of the same session of the legislature, in 1842. This is a general law, and authorized a credit on such contracts to the amount of the difference between an appraised value of the land and the price originally agreed to be paid; such credit in no case, however, to exceed forty per cent on the contract price. This act further provides that the abatement of price by virtue thereof, should not extend to the refunding of money in any case whatever. Forty per cent on the amount of purchase in the contract in question, would make the sum of $873.21. A liberal construction of the last mentioned act entitled the contractor, in the opinion of the proper authoritie -, to the benefit of its provisions, and accordingly he received credit for the balance unpaid, and a patent was issued to him for the land. By this act he obtained relief by the discharge of $332.98, then due on his contract. Such is the case as made by the preamble of the joint resolution and the public documents therein referred to, upon which it is proposed to grant to Mr. Green such a portion of the two quarter sections of land relinquished by him when lie procured the benefit of act No. 7, as will amount, at five dollars per acre, to $540.23, and interest for some three and a half years. I am unable to perceive in them the foundation of a claim, either legal or equitable. Such claim cannot grow out of the original purchase, for all supposed equities were fully met, and the applicant received relief to the full extent warranted by the facts, and to the utmost of his desire as claimed in his petition of 1842. He can have no specific claim to the land proposed to be patented to him by virtue of his first contract for it, for he relinquished it by consent of the legislatur6, and at his own desire. He can urge no claim under the second relief law, (act No. 27) because he has received under it the full extent of the relief offered by it, in the discharge of the balance due on his contract. The last mentioned act was not intended to substitute an appraised value of lands, for the contract price in all cases, and to give to every purchaser the difference. On the contrary, it was designed merely to abate a part of the price then actually due and unpaid; and the express provision was consequently inserted, that in case a reduction of forty ï~~54 MESSAGES OF GOVERNORS OF MICHIGAN per cent would be more than was due at the time on the purchase, nothing should be paid back to the purchaser. The entire object of the act is the bestowal of a gratuity by releasing for good reasons, a portion of debts due by contract, and the terms and limits of that gratuity are fixed by the law itself. While in cases like that of the applicant the balance of the debt is forgiven to the last farthing, the legislature refused to go farther and withdraw money from the treasury to bestow upon the debtor. He cannot in my opinion, while receiving the full benefits of the lawby the discharge of his remaining indebtedness, urge it as the foundation of a new claim, that the legislature did not add to this the bestowal of money from the treasury. It seems to be supposed, that although money cannot be given under the act, that there is no objection to giving an equivalent in land. I can see no difference in principle between the two. The act prohibits giving the money, and it surely holds out no inducement to the debtor to believe that he shall receive a grant of land as a gift. The whole school fund was originally a grant of land, and to give a patent of any portion of it without compensation, is as much in opposition to, the spirit of the law last above referred to, and to the interest of the fund, as to bestow money received on the sale. With this view of the case, as regards the equity of the claim on the facts stated in the preamble to the resolution and the documents therein referred to, I am led to a further objection of a most important character. It becomes, to my mind, a question of power in the legislature to make the grant contemplated by the joint resolution. The primary school lands, a portion of which is proposed to be granted without compensation, are not reserved to the State for general use, but are bestowed for a specific purpose-for the purposes of common schools. They can be diverted to no other object. They are held by the State in trust, and for this purpose alone. " The State is a mere trustee to manage these funds, and to apply the proceeds to the cause of common school education. All the powers necessary for the judicious care and disposition of these lands, and the proper application of the proceeds of sale, are committed to the state authorities. But the power of making a gratuitous grant where no, legal or equitable obligation demands it, and no principle of necessity or sound policy in the management of the fund requires it, it seems to me, does not exist. In the case before us, the contract once existing between the State authorities and the applicant for this grant, is at an end. He has procured a title to his land, and the contract to purchase and to pay is determined. He has not been deprived of an acre of land described in any contract without his consent, nor has he paid a dollar that was not due at the time of the payment on his valid subsisting agreement to pay. The relation, of debtor and creditor having ceased, there can be no pretence ï~~ALPHEUS FELCH 55 that the grant can improve the fund by increasing the security for the payment of a balance due or perverting a forfeiture of land once sold. If the grant in question be made, it seems to me, it must be regarded as a mere gratuity-a grant, which, in the exercise of its simple powers as a trustee, the State has no just authority to make. It is undoubtedly true that many of the school lands, like other purchases made at the same time were purchased at prices above the present value, but I do not understand that this consideration or others of a like character, can authorize a grant to be made to the purchaser for the land or the money devoted to the purposes of schools. If such power does exist the fund may easily be diverted from its legitimate use, and be applied to objects inconsistent with it, while the very terms of the reservation by Congress, in their effect, prohibit the grant of the land for other purposes, than for the suppovrt of schools; the constitution of the state, by the second section of the tenth article, inhibits the applications of the proceeds of sale or rents to any other object. If the principle adopted in the joint resolution is to prevail, there will be no want of applications for similar grants. At the time of the approval of act No. 27, some purchasers had paid in full for their lands. Are they also to receive a grant of lands to the amount of the difference between an appraised value and the price paid? Many other, like him who is named in this joint resolution, had paid nearly the full amount and have obtained the benefit of the act by the discharge of the balance. Are all these to receive a grant sufficient to make up the difference between that balance and forty per cent on the price? The act does not in either case propose to give any such thing, and I cannot think that any just construction of the power of the legislature can authorize it to be done. I have carefully examined the case made by the preamble to the joint resolution, and with the facts then before me, I cannot, if I would avoid the excuse of my own judgment on the principles involved in the proposed grant. I regret the necessity of differing in opinion from the legislature on this subject, nor would I too strictly criticise a claim appearing on its face to justify relief by legislative enacthment; but the objections in the case under consideration, appear to me to be of so serious a character, and the principles involved of such vital importance to the sacred fund devoted to educational purposes, that I feel constrained to withhold my sanction from the resolution herewith returned. ALPHEUS FELCII. ï~~56' MESSAGES OF GOVERNORS OF MICHIGAN April 10, 1846 From Journal of the House of Representatives, pp. 425-428 TO THE HOUSE OF REPRESENTATIVES: I return herewith to the House of Represeitatives, where the same originated, without my signature, a "joint resolution for the relief of George Buck." The joint resolution proposes to grant to George Buck, without compensation to be paid therefor, some thirty-eight acres of University lands in the county of St. Joseph. By the preamble to the resolution it appears that the grantee purchased in August, 1837, a parcel of University land, containing some eighty-nine acres, of which the land proposed to be granted is a part, and that he paid towards the purchase money the sum of $505.66. The amount thus paid constituted the first two payments only-one being made at the time of executing the contract of purchase, and the other at the termination of one year. The terms of payment under the law then in force, required one-tenth part of the price in cash, and the remainder in annual installments of ten per cent with interest. The law also provided that a failure to make any of the payments designated in such contract should operate as a forfeiture of all rights in the purchaser to the lands described in his contract, rendering his certificate null and void, and subjecting him to summary proceedings -for the purpose of ousting him of the possession. These terms, and the consequences of nonpayment, were always clearly defined and specified in the contract received by the purchaser. The last installment paid by Mr. Buck became due in August, 1838. Seven installments have since become due, none of which it would seem, have been paid, and consequently, by the terms of the contract, all rights secured to him have become forfeited. Since the time of the last payment moreover, several laws have been enacted, affording various relief, and extending the time for payment under contracts of this character, but of these the applicant does not appear in any manner to have endeavored to avail himself. He must therefore be regarded as having abandoned, for the last seven years at least, every intention of paying for the land, or of retaining rights under his contract. And under these circumstances, no rights, legal or equitable, can remain in the purchaser, and if the grant proposed by the joint resolution be made, it appears to me that it can be regarded in no other light than as a mere gift to the grantee, a gift which, with a due regard to the power of the legislature over the University lands,, cannot be bestowed. The university lands consist of seventy-two sections, set apart and reserved to the state for the use and support of a university, and for that ï~~ALPHEUS FELCH e57 purpose only. The grant is' not to us with an unlimited power of disposal. It is a gift for the use and benefit of all future generations, who may be residents within the limits of Michigan. We and our children may enjoy the blessings of its use; but to destroy, or gratuitously bestow the fund itself, or any part of it on an individual, is not within our legitimate authority. The state is a mere trustee, and like an individual acting in a fiduciary character, must faithfully execute the trust by applying the funds to the objects specified in the grant. The power of the legislature over these lands is also well defined in article 10, section 5, of the constitution of this state. By it the legislature is required to "take measures for the protection, improvement and other disposition" of the university lands, the funds accruing from rents and sales are solemnly declared to be a permanent fund for the support of the university, and it is enjoined as a duty upon the legislature to "provide effectual means for the improvement and permanent security of the funds of said university." The provision of the constitution, in full accordance, as it certainly is with the design specified in the grant by Congress, precludes the idea of any right in those who may administer the government, to dispose of these lands or the proceeds in any other manner than by sale or lease for the best terms that can be obtained, or to make use of them otherwise than by a strict application to the purposes above specified. The bestowal of the land in question on the individual mentioned in the joint resolution, before me, would, in my opinion, be an attempt to pervert the fund from its legitimate object, and therefore without justification. With these views of the subject, I am constrained to withhold the executive sanction from the resolution adopted by the legislature. There are two provisos in the joint resolution which were, perhaps, intended to obviate the difficulty above presented. The Commisgoneir of the State Land Office, is required to give to said Buck a certificate of purchase, "provided, said Buck gives to said commissioner a release of all claims upon the state on account of any balance that may exist in his favor on account of said lands; and provided further, the Commissioner of the State Land Office shall be of the opinion that the university fund will not be impaired by such release." The release proposed to be required, by the first proviso, would be entirely inoperative and without value. Under the statement of facts above recited, Mr. Buck has no claim for any balance of moneys paid on his contract and no interest in the land itself. The whole was forfeited by his own voluntary failure to pay,, more than seven years ago. A release in such a case can be no consideration for a grant. The second proviso requires the Commissioner of the Land Office to determine whether the release required by the first proviso will not impair the University fund. The effect of the entire provision appears to be as ï~~58 MESSAGES OF GOVERNORS OF MICHIGAN follows: The state proposes making an absolute grant of certain University lands provided the grantee will release a claim which does not exist or is without foundation, and provided further that the release required by and to be executed to the state, shall do no harm to the fund held by the state. It is difficult to perceive how such a release can do good or tend to the interest of the state or any fund of which the state is the trustee and representative. I refer to these provisos only for the purpose of showing that there is nothing contained in them to justify the grant proposed or to deprive it of the character of a mere gratuity. The quantity of land here proposed to be granted is small and may be, and probably is, of comparatively little value. The principle involved in the grant is, however, most important in its consequences. If this resolution is to become a law, I can conceive no reason why in all cases of forfeited contracts, the Legislature should not make similar grants of land to the amount of the forfeited payments. Previous to the year 1844 University lands to the amount of between eighty anI ninety thousand dollars were forfeited for non-payment. I have not now before me the documents necessary to ascertain the precise amount paid in on these forfeited contracts, nor the amount thus forfeited since the above mentioned date; but this statement is sufficient to show that the claims which may be justly presented, if the principles of this joint resolution are to be adopted will be neither few in number nor small in amount. Upon a moderate estimate they would require gifts from the University lands to the amount of at least thirty thousand dollars-and from the primary school lands, to which the same principles would apply, a much larger amount. In no view of the case which I am able to take, can such a grant receive the sanction of the authorities, who, as Trustees, are to control these lands with the sole purpose of applying them and their proceeds to the purpose for which they were bestowed. ALPHEUS FELCIH. May 4, 1846 From Journal of the House of Representatives, pp. 582-592 TO THE HOUSE OF REPRESENTATIVES: I herewith respectfully return without my signature to the House of Representatives, in which the same originated, an "act to incorporate the Port Huron and Lake Michigan Rail Road Company;" also "an act to amend an act entitled an act to incorporate the Troy and Rochester Rail Road Company, approved March 12, 1844;" and also an "act to incorporate the Flint River and Saginaw Navigation Company." ï~~ALPHEUS FELCH The bill, the title of which is first above recited, provides for incorporating a company with a capital of two millions of dollars, for the purpose of constructing a railroad across the peninsula of Michigan, from Port Huron to Lake Michigan. The line of the route passes through a country rich in all the essential resources for supporting a dense population,and, although now sparsely inhabited, yet inviting by promise of abundant returns, the labor and the capital of the immigrant. Before many years have elapsed, that whole region will teem with a busy population, and will require extensive facilities for travel and for the transportation of its surplus products and the introduction of foreign articles of consumption. My objection to the bill is founded upon the perpetuity of the corporate powers granted by-it, and the absence of all available provisions subjecting the charter or the company to future supervision by state authorities. A grant of corporate powers implies the enjoyment of rights and privileges by the corporators which are not possessed by individual citizens, and a guaranty for their possession until they expire by limitation specified in the charter, or are terminated in a manner therein defined. It has been the policy of every republican government to avoid perpetual chartered privileges, and to define clearly the period when the powers thus given should cease. To do otherwise would seem to me to violate one of the plainest principles of that form of government which seeks the independence and the equality of all who are subject to its laws. It has become indeed a custom almost universal by the charter itself to limit the duration of the corporate powers, or to give to the legislative department of the government control over it by amendment or repeal. In the charter here proposed to be given, no time for the termination of the corporation is specified. The only power over it by amendment or repeal reserved to the legislature, is that contained in the thirtieth section. This section provides that the legislature may, after the expiration of thirty years, by a vote of two-thirds of each branch, alter, amend or repeal the charter, provided compensation for all damages sustained by reason of such alteration, amendment or repeal, be made to the company. This limitation on the power of repeal is such as not only to secure the corporation from its exercise for thirty s-ears, but to render the power ineffectual even after that period. The amount of damages to be paid in the event of a repeal after that length of time, cannot be presumed to be less than the two millions of dollars which constitute the capital stock of the,ompany. This sum, if paid, would be a total loss to the state. Nothing is to be paid into the treasury in consideration of the grant of corporate powers-and nothing would be received by the state on the repeal of the enactment, and the ï~~60 MESSAGES OF GOVERNORS OF MICHIGAN payment of the penalty thus gratuitously assumed. It is a principle of law well settled, that upon the repeal of the charter, the Railroad and its fixtures would become the property of the several owners of the land on the route, and the right to use it as a road would cease. It cannot be presumed in any state of the public treasury that can now be anticipated, and especially under the constitutional provision prohibiting the loaning of money without a vote of the people, that the penalty can ever be paid, however onerous the exercise of these corporate powers may become. If such repeal would give the property in the road to the state, the right might possibly at some future day be exercised; but I am satisfied that no such interests exist in this case, as would be available for this purpose. The charter must, then, for all practical purposes, be regarded as one of perpetual powers and privileges. If it were certain that the present state of things would always continue, there would be less objection to the perpetuity of the powers here given. But progress is written upon everything. The resources of the country, now comparatively new and uncultivated, are to be developed: human ingenuity has yet new subjects to which to apply its energies and new results to produce. In the arts, unexpected discoveries may change the subjects of commerce and of productive labor, and above all scientific investigations, with the practical application of the principles developed, may produce in the future, results as astonishing as those which characterize the last half century. Changes may thus be effected in the condition and business of the country which shall render chartered privileges now unobjectionable, oppressive and unjust. For the present generation, we can see to some extent the effect of this legislation; but of the illimitable future, we can know so little that we should hesitate to burden generations that shall come after us, with irrepealable laws. In the present case, I can see no circumstances of necessity or propriety to justify this extraordinary legislation. The provision here alluded to in the bill, it is true, is similar to that contained in an act passed at the present session of the legislature, entitled "an act authorizing the sale of the Central Railroad, and to incorporate the Michigan Central Railroad company." There are differences, however, in the two cases which would prevent the application of the same principles to both. The act to incorporate the Central Railroad company is not a mere grant of corporate powers, with the right to, build a Railroad. It is a proposition for a contract by which the state is to sell to the corporation property to a large amount. By the bill before me, nothing is sold by the state; the naked right to become a corporation, and to build and manage a Railroad is bestowed, and that gratuitously. By the Central Railroad charter, two millions of money are to be received into the treasury; by this nothing. By the former, the necessity of payment ï~~ALPHEUS FELCH 61 by the state of that amount, and of immediate taxation for the interest of it, are relieved against; by the latter, no equivalent is secured. By the former, the state is divested of the inconvenience and hazard attending the management of the road, the transportation of freight and passengers, and the employment of numerous workmen and agents; by the latter, no such inconveniences are obviated. By the former, the damages required to be paid on the repeal of the charter would comprise the two millions of dollars, paid to and received by the state as the value of the road, which would be as to that amount a mere refunding of the money; by the latter, while not a dollar is to be received from the corporation, the whole amount of damages would have to be paid. By the former, the road sold and granted by the state to the company would, on a repeal of the charter, revert to the state; by the latter, no such advantage would accrue. By the former, the road would after the repeal, still be kept up by the state or its assignees, and continue to afford its usual benefits and facilities to community; by the latter, as the right of way would cease, no such consequences would follow. These broad differences between the two cases are sufficient to show that the former can neither afford a precedent for the latter, nor justify the grant of unusual privileges thereby. These differences present also another important consideration, showing the impropriety of attaching to the repealing clause in the charter before me the condition of paying damages, however proper the same may be in the Central Railroad charter. In giving to the legislature the power of altering or repealing a charter, one of the first principles of justice would require that that tribunal should be free from all interest in the matter. Where a simple vote to repeal a charter would give to the people of whom the legislature are representatives, the property of the corporation worth millions of dollars, without compensation, the rights of the corporators might well be considered as committed to the hands of those who were interested against them. Such would be the case in the Central Railroad charter. But in the case of the company proposed by this bill to be chartered, as nothing would be gained by the state by such repeal, the tribunal must at least be deemed free from such interest against the company, and therefor ready to do justice to all. Under the provisions of the bill the most trivial alteration cannot be made in the rights, nor the most necessary restriction imposed on the company hereafter, without making compensation from the public treasury. In transporting the United States mail, the company is left with power to fix their own terms, and if the legislature interfere even after thirty years, to prevent extortion on the part of the corporation, the treasury must be burdened with the payment of damages to the company. A due regard.to the future interest of the state seems to me to demand ï~~62 MESSAGES OF GOVERNORS OF MICHIGAN the imposition of restrictions and limitations not found in this bill. My objections to the bill entitled an act to amend an act entitled an act to incorporate the Troy and Rochester Railroad Company, approved March 12, 1844, are as follows: 1. The act which this bill proposes to amend has become void. The railroad therein described was required to be built in part at least within two years from the passage of the act, or otherwise the charter was to become void. This condition was not complied with, and therefore the act has become a dead letter. 2. The rail road which the corporation is authorized by this amendatory act to build, is a different road from that authorized by the original act. The two termini are different, and nothing herein contained requires the new road or any part of it to be laid on the route described in the original act or in the vicinity thereof. 3. If the company should locate their road on the most direct and eligible route between the termini mentioned in the amendatory act, to wit: Detroit and Romeo, it will pass over or along the direct route of the Shelby and Detroit Railroad Company. The last mentioned company have already constructed a road, with a wooden rail, for the entire distance between Detroit and Romeo excepting about twelve miles, and over that space the legislature has by an act of the present session, authorized them to extend their road. I can hardly suppose that it is the design of the legislature to grant to the Troy and Rochester company the privilege of a road along the same line with the Shelby and Detroit road, where much money has already been expended, and where exclusive privileges of a road are secured by charter for a space of three miles on each side of the last mentioned road. 4. Although this bill is an amendment to a charter which has expired by its own limitation, yet the bill does not in terms revive the original charter. If the amendment does not have the legal effect of reviving the charter amended, then the bill is clearly defective as a law, and either gives no corporate powers, or gives them without the ordinary guards and restrictions. These are found only in the original act and not in the amendments. If on the contrary the bill revives the original act, then it gives power to the company to construct and operate two roads, one from Rochester to the line of the Detroit and Pontiac rail road, described in the original charter, and the other from Detroit to Romeo, described in the amendment. It also repeals that portion of the charter which requires the first mentioned road to be commenced in two years and to be completed in four years, leaving the company at their option as to time. It also repeals the clause in the original charter imposing individual liability on the stockholders for the debts of the corporation. ï~~ALPHEUS FELCH 63 5. The route of the railroad which the amendment authorizes the company to construct is not sufficiently defined. By the first section Detroit and Romeo are specified as the terminating points, but by the fourth section the corporation is authorized "from time to time to change or alter the location of any part of said road," subject only to the proviso that the alteration, if made after the road is constructed, shall not alter materially the route. Before the road is constructed the power of location is unlimited. It is doubtful whether even the terminating points need be regarded, but if these are to be considered fixed, still the company may take any route they please between the two points, and have liberty to forfeit any portion of their line and retain- the remainder. The bill is rather in the nature of a general license to build a road wherever the company may select a route than a charter for a particular road. 6. Under the provisions of this bill and the act to which it is amendatory it is evident that the corporation may so locate their road as to take the route of the railroad now leading from Detroit to Pontiac, and in that event, under the provisions of the fourth section of the original charter they would have a right to connect their road with it "with power to take, transport and carry, property and persons on said Detroit and Pontiac railroad, or any part thereof," agreeably to the terms contained in the charter of the company owning the last mentioned road. The Detroit and Pontiac railroad is now under pledge to the state for the payment of certain bonds loaned to the company, and unless the amount is paid previous to the middle of August next, the state will proceed to enforce its lien. If by proceedings for this purpose the state should become the owner of the road, the rights given by this bill, by presenting numerous difficulties growing out of conflicting interests, would not only diminish the value of the road for the purposes of sale, but would greatly embarrass the board to whom would be committed the management and running of the road while it remained in the hands of the state. Good policy seems to me to require that no additional embarrassments should be thrown in the way of securing the utmost benefit designed by the lien above mentioned. The bill entitled "an act to incorporate the Flint River and Saginaw Navigation company" incorporates a company with fifty thousand dollars capital, with the right to enter upon the Flint River and the lands on either side and to erect all such dams, locks, and any other device whatever, which they shall think most fit and convenient to make a complete slack water navigation, between the village of Flint and the mouth of the Flint River. The fifth section provides that "the corporation shall have the privilege, and be entitled to use the water power of said river to propel such ï~~64 MESSAGES OF GOVERNORS OF MICHIGAN machinery as they may think proper to erect on said land, which they may previously have purchased from the owner or owners," or they may sell or lease the same. The corporation has also the power under the second section of purchasing, holding, selling, leasing and conveying estate, either real or personal, or' mixed, so far as the same may be necessary for the purposes mentioned in the act; which, of course, includes the object mentioned in the fifth section above quoted. The fourth section gives the corporation power to agree for timber and other materials which may be found on land adjoining or near their works, for the same, and where an agreement therefor cannot be made, then the same may be taken, and the lands may be set off by metes and bounds for their use and occupation, by their paying the appraised value thereof. From the above recited provisions it is evident that the powers and exemption defined in the charter are extended to enterprises of a nature and character very different from the mere construction of works necessary to make a slackwater navigation in the Flint River. Under these provisions, and especially under the explicit language of the fifth section, the corporation is authorized to enter into and to prosecute every branch of business carried on by the aid of machinery to which water as a propelling power is applied. Thus, saw-mills, gristmills and flouring-mills, woolen factories and cotton factories, establishments for the making of paper, and for the working of iron-indeed, the thousand purposes prosecuted by machinery to the propelling of which the power of the running stream has been made subservientmay all be carried on by the corporation created by this bill. For these purposes the corporators have power to erect their mills and factories along a river abounding in water power for a distance of some forty miles. They may purchase lands or materials for their purposes along this line, without limit as to amount or extent, and may sell or lease at pleasure. They may take them without consent, from the absent or unwilling owner, and appropriate them to their own use on paying the value as fixed by appraisers. The constitution of this state authorizes private property to be taken for public use upon the payment of just compensation therefor; but I have never supposed that the right of eminent domain has ever been considered as extending so far as to authorize a legislature to take private property for the erection of machinery to be propelled by water, and the various manufacturing purposes to which it may be applied. The business thus protected by these chartered privileges is such as in other portions of the country, is the subject of individual enterprise. Why should we now adopt a new principle and afford the advantages of corporate privileges to a company to compete with the less favored ï~~ALPHEUS FELCH 65 individual? Is it because individual wealth and energy are insufficient for the necessary mechanical establishments? Wherever a proper reward is offered individual means and enterprise are found ready to establish and prosecute such works with success. Is it to afford- advantages to associated capitalists not enjoyed by individuals? The laws should rather guard, protect and foster the individual laborer, who applies himself industriously to his vocation. Is it because the business here protected is new and hazardous, and still requires, for the benefit of the public interest, to be fostered by special privileges? At almost every water-fall in the settled portion of our state, industry is busy with all those kinds of machinery that can find profitable employment, and the supply of manufactures keeps pace with the demand. We need have no fears to leave these matters, unaided by special legislation, to the individual interests and epergies of the citizen and the immigrant. While the business of the corporation under this bill is almost unlimited in kind, it is entirely so as to amount. There is a section in the charter making the stockholders liable individually for the debts of the corporation after the corporate property is exhausted, but this liability is limited to the amount of the stock owned by each at the time the liability was contracted. The amount of business to be done or of indebtedness to be incurred by the company, is nowhere limited by the charter. These are not required to bear any ratio to the amount of stock paid in. Suppose the corporation by an expenditure of the entire capital, fifty thousand dollars, should obtain a property worth a million of dollars, and by successful operations carried on in the various departments of business authorized by the charter, should divide among the stockholders net profits to the amount of a million more; and in the future course of the complicated and hazardous employments of the company misfortune should overtake then while they had debts outstanding to the amount of a million of dollars above their corporate property. In that case the aggregate individual liability of the stockholders would be only fifty thousand dollars, leaving nine hundred and fifty thousand dollars a total loss to the creditors; and this, notwithstanding the stockholders may have become individually enriched by the profits previously divided. The case here supposed is stated only to exhibit the principle and the effect of the provision in question. It shows that the individual liability given in the bill is of so restricted and limited a character as to afford little or no safeguard to the community in which the extensive business of the corporation may be conducted. In prosecuting mechanical or manufacturing business of any kind, I can see no reason why the risk of the business should not rest upon him to whom the profits belong. If the individual citizen, unprotected by chartered exemptions, is unsuccessful in business, the accumulated property of his whole life is liable for his debts. This charter reverses the ï~~66 MESSAGES OF GOVERNORS OF MICHIGAN rule as to business done under it. While it allows the individual stockholder to put the profits of unsuccessful operations into his private coffers by way of dividend, it compels the creditor to bear, in part at least, the loss in case of adversity. Such an exemption gives inducement to recklessness in business. Wild speculation and hazardous competition may safely be entered into by him, who, if success attend the result, will become wealthy, but is protected from personal liability if losses ensue. With corporators thus protected the individual citizen, with his limited means and consciousness of personal liability for all debts, cannot well compete. Great indeed, it appears to me would be the misfortune of any portion of our state where business of the kinds above indicated should fall into the hands of a corporation so fully armed for injury to others and so carefully protected from harm to itself. A wealthy and powerful company might grow up under this charter, but it would be at the expense of the honest industry and enterprise of individual citizens who must seek other avocations or become subservient to the power of the corporation. The principle involved is totally at war with the best interests of the state, inviting as it does population from abroad and opening its rich and productive country as a theatre for enterprising industry. Exclusive privileges to one class of men must operate unjustly on others. The good citizen will be induced to make his residence only where he can compete on equal terms with his neighbors, where his capital and his labor shall have the same protection and encouragement as those of others; where his industry and economy and sagacity in business shall secure the merited reward, and where the benefits of equal laws shall protect the interests of all, but give exclusive privileges to none. While I regret the necessity which at any time prevents my concurring with the legislature in their views or action, I cannot conscientiously and consistently with my views above most respectfully submitted, do otherwise than to withhold from the bills herewith returned the approval of the executive. ALPHEUS FELCH. May 5, 1846 From Journal of the Senate, pp. 515-518 TO THE SENATE: I herewith respectfully return without my signature, to the Senate, in which the same originated, an "act to incorporate the Huron River Canal Company." The object of this act of incorporation is the construction of a canal ï~~ALPHEUS FELCH 67 from Pontiac to Grand River, and the general features of the bill are unexceptionable. My objection to it is founded on a clause contained in the ninth section, which guards and defines the powers of the president and directors of the company. After giving the powers usually contained in such charters, the section bestows upon them the further power "to determine the manner of adjusting and settling the accounts, claims and demands for, with or against said company." If this provision is intended merely to authorize the appointment of the proper officers to attend to the business of the company, the settling of claims, the adopting of convenient rules for transacting the legitimate business of the corporation, and all other ordinary matters of this character, the other provisions of the charter are amply sufficient for the purpose, and the provision in question is unnecessary. If, on the contrary, the powers given thereby will enable the company to throw diffil;At culties in the way of the creditors, to relieve themselves from any of the ordinary liabilities for their debts, to throw into the hands of creditors paper, intended as a circulating medium, or to establish agencies or offices to transact business pertaining to banking operations, then it is wrong and should not be sanctioned. The manner of settling and adjusting claims established by law in ordinary cases, is by payment in cash on presentation, and, in case of a failure of payment, the creditor has the right to a suit at law. With the power given by the clause, which is the subject of these objections, it seems to me, the corporation may adopt a different rule. Why may they not provide that all disputed claims shall be adjusted by arbitration, and not by suit at law;-that they shall be presented in some unusual form, or at a distant office-or shall be supported by a particular kind or amount of evidence-or that the paper of the company shall be received on settlement, payable in an unusual manner, or at an inconvenient place, or at a distant day? The proper rule, it appears to me, is to leave the corporation as to the manner of settling and adjusting claims against it to the ordinary rules of the general laws of the state. These are sufficient to secure both the safety and the convenience of all parties. By an "act to prevent illegal banking," approved February 11, 1842, all corporations not authorized, by their charters, to do a regular banking business, and to issue bank bills, are prohibited from putting in circulation any promissory note, certificate of deposit, check or draft which shall resemble a bank bill, and be intended or designed, and well calculated, from its resemblance to bank bills, to enter into and form a part of the currency of the state, and to pass from individual to individual as bank bills, or as circulating medium. Any violation of this law is followed by a.forfeiture of the chartered privileges, and is made highly penal in the officer guilty of the offence. ï~~68 MESSAGES OF GOVERNORS OF MICHIGAN The provision.in question in the bill before me is at least broad enough to relieve the corporation and its officers from the operation of the above mentioned statute; or rather, it authorizes them to do what is prohibited by it. The authority to obtain credit and to contract debts is given by the charter without limitation. With the power to determine the manner of settling and adjusting all claims against'them, and to make all such by-laws as they shall deem necessary for carrying their powers into execution, I can see no difficulty in the way of their establishing a system which shall enable the corporation to put in circulation their paper, in the similitude of bank bills, intended for circulation and well calculated to deceive, without incurring the penalty of the general statute above cited. Demands against the company may be designedly multiplied; they may be adjusted by drafts or promises to pay, in the form and with the appearance of bank bills, and made payable at a distant.office or at a banking house; and measures may be taken which shall almost of necessity throw them, into circulation. The experience of the past has showed with what avidity and extraordinary and yet apparently harmless clause in a charter, will be seized and relief upon to justify transactions never contemplated by those who bestowed the corporate powers. Thus we have seen in New York a company organized to supply water to a city, in Ohio a Railroad company and Library associations, in Wisconsin a Marine and Fire Insurance company, and in our own state one Insurance and one Railroad company, claiming such authority and furnishing a large proportion of the circulating medium of the country. And the claim of right to do this was founded in some of these cases on clauses in their charters, similar in their nature, if not in phraseology, to the provision in question. I have here no opinion to express as to the correctness of the construction by which the rights thus claimed were sustained; it is enough to know that they have been exercised under the advice of eminent counsel. The effect has been to flood the country with a paper currency much of which eventually proved worthless. It is no consolation to the bill holder to know that the construction of the statute under which the power to issue is claimed is at least doubtful. It is the duty of the law-making power to admit into a charter no phrase which can give rise by any construction to such a claim of power. The tenth section of this bill contains a clause authorizing a change of the location of the canal to be made from time to time and at the pleasure of the company. This power, in the broad and unqualified terms here given, appears to me to be also liable to objection. I also return in a like manner "an act to incorporate the Pontiac and Genesee Railroad company." The tenth section of this bill contains a clause giving power to the president and directors of the corporation to "determine the manner of ï~~ALPHEUS FELCH 69 adjusting and settling accounts against the company," although not quite so broad in its terms as the provision in the charter first mentioned, yet it is of such a character that all the objections urged to the former, apply with full force to this. I feel great reluctance to return these bills to the Senate without my approval, for the reason that I cannot presume that powers were intended by the legislature to be given by them which would authorize or countenance acts such as are the subject of my objections. Nor do I suppose the applicants for these charters, the main objects of which are highly commendable, designed to acquire or to exercise any such powers. But the question, what can be done under powers granted, is always to be considered; and with the sad experience which we have already had, I deem it my duty to' return the bills for further consideration by the legislature. If they consider the construction above mentioned not warranted by the words of the charter, and that my apprehensions, prompted by solicitude to guard the public interests, are without foundation, the same vote by which the bills were first passed will give them the sanction of laws. ALPHEUS FELCH. ï~~1847 January 4, 1847 From Joint Documents of the Senate and House of Representatives, pp. 1-18 FELLOW CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES: A review of the year which has elapsed since the assembling of the last Legislature at the Capitol, cannot fail to awaken a sense of profound gratitude to Almighty God. His care has been the protection of the republic. His sleepless eye has watched our progress and His all-powerful arm has guarded and directed us. Industry, economy and virtue have been rewarded by the enjoyment of happiness and prosperity. Civil, religious and political liberty has continued without interruption. Progress in the arts of peace, in the comforts and humanities of life, in the pursuits of science and the useful arts, and in the development of the natural resources of the State, was never more remarkable than during the past year. In yoking the continued kindness and protection of Providence over our beloved commonwealth, I greet you, Fellow-Citizens, on your assembling as a co-ordinate branch of the government, commissioned to consult upon the public weal. Representing the wishes and interests of the different portions of the State, under the authority of recent elections by the people, I look to you for aid and counsel in endeavoring to administer the government with a view to the public interest. If, notwithstanding the efforts and solicitude of the Executive, any failure has occurred in securing the full enjoyment of the rights of the people, or the true interests of the body politic, I solicit your strictest scrutiny in the causes, and your co-operation in endeavors to apply the proper remedy. In performing the duty imposed upon me by the constitution, at the opening of a legislative session, I take pleasure in communicating to you the condition of the State, and in recommending such matters as may seem to me to require your attention. The amount received into the treasury during the fiscal year, to the credit of the general fund, including a balance previously unexpended, is $227,697.36 The payments from this fund have been as follows: Legislative expenses...................... $62,132.27 Executive department......................11,665.90 Judiciary................................ 11,239.70 ï~~ALPHEUS FELCH 71 Geological survey......................... $519.87 Revised Statutes of 1846...................4,449.53 State prison............................. 12,038.03 Paid counties, expense of tax sales, &c...... 44,047.79 Miscellaneous............................ 19,032.51 Total................................................165,125.60 Leaving in the treasury................................$62,571.76 Deducting a portion of this amount which was transferred from other unavailable funds, the available balance is found to be, $31,549.60. The total indebtedness of this fund, including general fund stock, warrants, amount due to school fund, and to counties, on taxes, is $311,909.75. The resources of the fund, as stated by the auditor general, amount to $389,275.01. Although a portion of these resources are not immediately available, still with the ordinary income from taxes, they are abundantly sufficient to meet every demand upon the fund. The receipts of the internal improvement fund, during the fiscal year, including payments on the sale of rail roads, are.......... $1,775,007.05 Total expenditures, including state indebtedness cancelled. 1,549,398.67 The following statement exhibits the condition of the internal inprovement debt, together with the payments made upon it during the fiscal year, with the addition of interest to January 1, 1847: Five million loan bonds, paid in full, due January, 1863....................... $1,387,000.00 Less received on sale of Central R. R..... 914,000.00 Balance full paid bonds outstanding....................$473,000.00 "Interest Bonds" issued on $1,370,000.00. of above............................. $363,324.00 Less received on sale of Central R. R..... 272,360.40 Balance interest bonds outstanding.......................90,963.60 Bonds issuable on the remaining $14,000 of above.............................. 3,712.80 Less coupons received on sale of Central Rail Road and interest, as per act No. 73, of 1843............................. 1,326.00 Balance am't of interest bonds issuable....................2,386.80 ï~~72 MESSAGES OF GOVERNORS OF MICHIGAN Am't of principal received up to July, 1841, of the $3,813,000 bonds, delivered to the U. S. Bank................... Less received on sale of Central R. R..... In't on above to Jan. '47 $481,621.64 Less coupons rec'd and int'st allowed on sale of Central R. Road..........2,354.56 Rec'd from Morris Canal assets on account of above $3,813,000 bonds since July, 1841................................ In't on above from rec't to Jan. 1, '47 Palmyra and Jacksonburgh Rail Road stock................................ Less rec'd on sale of Central R. R...... $1,208,615.22 6,357.33 $1,202,257.89 479,267.08 1,681,524.97 23,835.50 4,770.32 28,605.82 20,000.00 10,000.00 Balance..................................$10,000.00 Interest on above stock to Jan. 1, 1847............. $7,845.83 Less coupons rec'd and int'st allowed on sale of Central R. Road..........3,867.51 3,978.32 13,978.32 Outstanding Int. Impt. warrants and interest...........450,992.35 Do Land Warrants............................ 14,701.65 Do Treasury notes and interest.................9,457.00 Do University fund, for warrants received...... 66,150.00 Do State building fund warrants received...... 10,890.48 $2,842,650.99 ï~~ALPHEUS FELCH 73 Making the balance due on debt outstanding, on the 30th November, 1846, including interest to January 1st, 1847............$2,842,650.99 The balance due on the sale of the Central and Southern Rail Roads, is...................................... 855,510.22 Which deducted from the above mentioned indebtedness, leaves total of internal improvement debt.........1,987,140.77 The resources applicable to this fund, as estimated by the Auditor General, amount to.....................422,123.00 The Clinton and Kalamazoo Canal may also properly be considered as means applicable to this purpose. The total amount of internal improvement debt discharged by payments on the sale of the Central Rail Road, is $1,634,489.78. The sale of this road to the Central Rail Road Company, was perfected, agreeably to the act authorizing the same, in September last. In compliance with the provisions of the act of incorporation, the said company paid into the treasury in coupons and money for interest due in January and July, 1846, the sum of $105,000.00. And upon iron contracts outstanding, and money to liquidate the same,.......$135,673.42 The Southern Rail Road Company has also completed the purchase of the Southern road, under its act of incorporation, and has paid into the treasury, the sum of $50,000. Of this sum $40,000 has been received since the close of the fiscal year, and is therefore not included in the above statement of payments. The remaining liabilities of the State usually denominated the contingent debt, consist of a loan of $100,000 in state bonds, to the Detroit and Pontiac Rail Road Company; the same amount to the University of Michigan; and the deposits in the treasury of the surplus revenue of the United States. For the payment of the loan first mentioned, the Detroit and Pontiac Rail Road is pledged to the State, and proceedings for the collection of the amount due are now pending in Chancery. The ample resources of the University fund are sufficient to meet the annual interest, and ultimately, the principal of the University loan, and a demand by the general government for the re-payment of the deposits, is a remote contingency. The balance in the treasury at the close of the fiscal year was $78,561.00. In the above statement of the Internal Improvement debt, it will be perceived that the bonds, amounting to $3,813,000, which were delivered to the United States bank, on special contract, and paid in part only, are stated at the amount actually received by the State upon them. By an act of the Legislature, approved March 8, 1843, it was proposed, upon a surrender of all the bonds of this class, to issue new bonds for the amount actually received, after deducting' a specified sum for damages, with a pledge for the punctual payment of interest. These bonds, it ï~~74 MESSAGES OF GOVERNORS OF MICHIGAN is understood, have heretofore been in deposit in Europe, under terms which have precluded their control by individuals for this purpose. A recent distribution of them among the individual creditors of the United States bank, to whom they were pledged as security, has now obviated all difficulties of this nature. No occasion under existing laws on this subject has been presented since my induction into the Executive office, to require an examination into the merits of any question as to the actual amount to be paid on this class of indebtedness. Whatever the principles of justice shall require, the holders will not fail to receive, and it is for the interest of all parties, that a final adjustment should be made, with as little delay as possible. A modification of the law on this subject, extending the benefit of its provisions to the holders of any portion of the bonds in question, and reducing the amount to be deducted for damages, would seem to be required. Although no surrender has been made under the act last mentioned, there have been received into the treasury, from the Central Rail Road Company, at the rates specified in their act of incorporation, bonds of this class, amounting to $21,000. I cannot too strenuously urge upon your consideration, the duty of the State to provide for the speedy adjustment, and ultimate payment of the Internal Improvement debt. This indebtedness has for years embarrassed the treasury, retarded immigration, and discouraged the enterprize of Michigan. The material reduction in the amount, effected under the legislative enactments of the last session, inspires new confidence in the power of the State to discharge all its outstanding obligations. It is not to be expected that this can be done without zealous efforts, or without a contribution from the means of our citizens. The sacrifice required to maintain the reputation and honor of the State, will, I am confident, be cheerfully made, and judicious legislation, having for its object the discharge of the public debt, will meet with a hearty response from the people. In addition to the punctual payment of interest, provision should be made, by setting apart the means for that purpose, for the gradual discharge of the principal. The nett earnings of the Central Rail Road, during the portion of the year while it was owned by the State, amounted to........................................ $104,933.86 Of this sum there was paid on claims for iron,' locomotives and construction.............$31,925.62 Cash in hands of commissioner and due on mail contract........................... 8,008.24 39,993.86 The balance, being.......................................$65,000.00 ï~~ALPHEUS FELCH i5 was paid into the treasury. Independent of the expenditures from the earnings of the road, there was paid for construction, in land warrants, under an act of appropriation, the sum of $31,008,09, and outstanding bonds for iron, to the amount of $113,500.16 were discharged by means received from the sale of the road. The net earnings of the Southern Rail Road, during the year, have been $32,172.35. Of this sum $12,736 have been paid into the treasury. The expenditures for construction, not discharged from the earnings of the road, amount to $5,521.68. Under appropriations of 1845 and 1846, there has been expended on the Clinton and Kalamazoo Canal, in land warrants, the sum of $6,796.06. The portion of the Canal between Mt. Clemens and Utica, has been in use since the first of November last. It is estimated that an expenditure of $2,500 will put it in good navigable order to Rochester. There has also been expended during the year, in improving the navigation of the St. Joseph river, the sum of $4,367.86. The sale of the two principal works of internal improvement, will produce an important change in State affairs. Its effect is to relieve the State government from the construction of rail roads, and the management of a carrying business upon them. It renders the business of the different departments less complicated, and prevents a most fruitful source of expensive legislation. It precludes the employment and supervision of numerous agents, artizans and workmen, and simplifies the whole operations of government. It discharges State indebtedness to the amount of two millions, five hundred thousand dollars, yields a large annual revenue, and, by heavy expenditures among our citizens, in prosecuting the work to completion, secures the benefit of a most important chain of communication. It is not my purpose here to discuss the propriety or expediency of the legislation by which these results are produced. Time must test the wisdom of the measure. No important change in public policy, has, however, been demanded with more urgency, or sanctioned with a more hearty approval by the people. The more we contemplate the genius and design of a republican government, the more, I think, we shall be led to deprecate the policy, a few years since so rife, of bringing within its care and supervision, subjects foreign to its real design. The responsibilities, profits and hazzards of private business, should be left to individual enterprise. To avoid being governed too much, is one of the objects of a representative form of government, and to secure the good of community in this regard, all authority in matters not immediately connected with the public weal, and indispensable to the welfare of the body politic, should be withheld. It is among the encouraging signs of the present time, that the ï~~76 MESSAGES OF GOVERNORS OF MICHIGAN public mind is demanding a more definite limitation to the powers and duties of government, and a relinquishment of all unnecessary interference with the free action of the individual citizen. In closing up the business pertaining to the works thus disposed of, and in maintaining charge of the canal, and other works of improvement, upon which appropriations have been made, it will be necessary to retain the organization of a board of internal improvement. With the expiration of the term of the present acting commissioner in April next, it is believed that office may be abolished, and the duties be devolved, without expense, on some of the State officers. The chaige contemplated by the sale of the rail roads, by no means implies a relinquishment of the advantages of this kind of intercommunication throughout the state. The development of the resources of the commonwealth, its abundant products, its mineral wealth, and the business relations of an industrious and increasing population, will secure these advantages to the different portions of our territory. Under charters, properly guarded in their provisions, a profitable investment of capital will be found in the construction of roads required by the business of the country. The total amount of money distributed among the several townships, during the year, for the support of primary schools, is $27,925.72, being thirty-one cents to every child between the ages of four and eighteen years, and exceeding the amount of last year's distribution, by the sum of $5,812.72. The number of scholars in the state, between the ages last mentioned, is reported at 97,658. The whole number of children that have attended the common schools during the year is 77,807. This number is greater by 7,037 than during the preceding year. The number of volumes in the township libraries in the state, are, according to the returns, 36,998. The laws on the subject of common schools, it is believed, are such, when faithfully executed, as generally to secure, in a manner highly satisfactory, the great interests of education. The chief obstacles to the realization of all the benefits of our noble school system, are found in the want of punctual attendance on the part of scholars, and deficiency in the qualifications of teachers. To correct the former, rests principally with parents and guardians. The latter is an evil, deplorable in its consequences, and difficult of correction. Voluntary associations of teachers for mutual instruction, have given an. earnest of much improvement inn this respect. In several of the States Normal schools, having for their object qualification of instructors for the great work of education, have been fostered by private munificence and legislative aid, and have been attended with the most beneficial results. Teaching, itself an art, is properly made a sub ï~~ALPHEUS FELCH 77 ject of instruction. The mission of the teacher demands high qualifications. As the object of his profession is of the greatest importance, so his employment should be considered most honorable, and his efforts be seconded by every friend of the rising generation. It is difficult to say what method, if any of a public character, should be adopted to raise the standard of excellence in this important department, but I cannot refrain from recommending it to your consideration as a subject in which the interests of the public are deeply involved. The number of students in the University of Michigan, is seventy. The faculty consists of seven professors. By the assiduous labors of all connected with the several departments of instruction, the advantages pertaining to education in the higher departments of literature, the arts and the sciences, have been enjoyed to a degree highly creditable to the state, and useful to the community. The rare example of the principle of free schools applied to an institution of the highest order, is here presented. Without charge for tuition, every citizen of the State is entitled to the benefits of a liberal education. The nett proceeds of the University fund, applicable to the support of the institution, have been, during the year, $7,993.02. During the year ending on the last day of October, forty convicts were received into the State Prison, thirty were discharged, three escaped and one died. The number remaining at the date last mentioned was one hundred and twenty-two. The following sums were received by the agent of the Prison during the year: From the State Treasury for support of convicts.............$6,500.00 From earnings of convicts on contracts.....................6,523.65 From other sources...................................... 762.13 Balance on hand last year................................ 215.80 Total...............................................$14,001.58 The expenditures have been as follows: For the support of convict department.....................9,612.53 Expenditures on buildings and in repairs...................4,385.86 Total................................................$13,998.39 In addition to the above mentioned sum of $6,500, there has been drawn from the State Treasury $5,006, for the salaries of the officers of the prison, making the total amount of payments from that source $11,506. Although no return is made to the treasury for this heavy draft, yet the improvements made by the increase of buildings and machinery may justly be considered as a credit to the amount of their value. The expenditures on the buildings have amounted to... $4,385.86 ï~~78 MESSAGES OF GOVERNORS OF MICHIGAN Estimated value of convict labor on same.................. $3,560.13 Earnings of convicts on contracts, not yet received............932.85 Balance in hands of agent................................. 3.19 Total.................................................$8,882.03 Which deducted from the amount drawn from the treasury, leaves a balance of expenditures above all credits of $2,623.97. The quantity of land sold at the State Land Office, during the fiscal year, is reported as follows: 7,682 13-100 acres primary school lands.................$39,077.70 1,335 21-100 acres University lands......................16,254.52 296 83-100 acres State building lands...................2,778.76 41,010 16-100 acres Internal Improvement lands, including 6,000 acres granted for Grand River bridge, in warrants... 43,762.76 Asset lands............................................ 4,642.62 Total...............................................$106,516.36 The total amount received on sales of the last and previous years for all classes of lands, is $116,456.25. Agreeably to the direction of the legislature, as expressed in a "joint resolution relative to the selection of public land," approved in March last, I made selection for the State of 5,920 43-100 acres of land in upper Peninsula. The choice was made with the best knowledge that I could obtain as to the value of particular locations for mineral wealth, and notification of the selections was, during the same month, forwarded to the Commissioner of the General Land Office at Washington. Similar selections of Internal Improvement lands have heretofore received the confirmation of the Secretary of the Treasury of the United States. In this instance such confirmation has not yet been announced. The unfinished state of the surveys in the Northern Peninsula, the unsettled policy of the government in reference to the mineral lands, and a change in the office of Commissioner, have probably been the occasion of delay in this matter. The question whether such confirmation be necessary to perfect the title of the State to lands selected according to the grant of Congress and the laws of this State, I do not deem it proper here to discuss, as I cannot doubt that the speedy action of the proper department will soon give the usual sanction to the selections. Deducting the quantity of the above mentioned selections from the unlocated portion of the 500,000 acre grant for internal improvement purposes, there remain to be located only 1,575 16-100 acres. In the present state of legislation, the Salt Spring lands cannot be sold without authority given by act of Congress. A proper application for that purpose would probably secure consent of that body. ï~~ALPHEUS FELCH 79 In my last annual message, I called the attention of the legislature to the character of the leases, executed by the Secretary of War, of the mineral lands in this state, and to the injustice of the leasing system. The opinion then expressed that the leases were made without authority has since been sanctioned by the highest functionaries of the General government. It is of the utmost importance to avoid in time the evils which must necessarily attend this unusual disposition of the public domain. Anticipating the wrong which would thereby be entailed upon the state, without profit to the public treasury, and the embarrassments of conflicting interests which would necessarily arise between the state and the United States government, if the citizens of the former are to be the tenants of the latter, the protest of Michigan against the system has already been made by the Legislature. In the disposal of this portion of the public lands, it is believed that the true interests of the General government and of the state are identical. Sales in fee, at moderate prices, and to actual settlers, will best subserve the general welfare. It will invite a population of free holders, unfold the resources of the country, enlarge the field of enterprize and profit, and strengthen the arm of the Government. A statute was passed at the last session of the legislature providing for the organization of four counties in the mineral region, and establishing therein, as a Judicial district, a temporary authority for certain purposes. This law is found imperfect in its provisions, and requires revision. The organization of townships within the territory seems indispensable, and the advantages of Judicial tribunals and civil officers should be extended to that portion of the state. By the present law the island known as Isle Royale is not comprised within the limits of any of the counties, neither are the contiguous waters of Lake Superior, which are within the bounds of the state, embraced within their jurisdictional limits. There are remaining during the present winter, in the mineral country, according to information entitled to confidence, at least one thousand men engaged principally in mining. The operations of this character during the year, have confirmed the general confidence in the belief that the region in question is one of the richest in the world in valuable ores; and it cannot be doubted that it will, at no distant day, become the theatre of extensive mining operations, the source of much wealth, and the residence of a numerous population. These new interests, now rapidly increasing in a portion of the state but recently deemed remote and unimportant, commend themselves to the guardian care of the legislature. The attention of the legislature has frequently been called to the importance of a communication around the Falls of Ste. Marie, between the lower lakes and Lake Superior. Expenditures in surveys and labor ï~~80 MESSAGES OF GOVERNORS OF MICHIGAN upon a canal for that purpose, were some years since made by this state, but further prosecution of the enterprize was prevented by authority of United States officers. 1otwithstanding the national character of the work, Congress.has hitherto neglected to appropriate money for its constructioti. The increased.aid increasing business on Lake Superior now renders this communication almost indispensable, and I respectfully suggest -the propriety, unless the speedy action of Congress should render it unnecessary, of committing its construction to an incorporated company, with proper restrictions in its charter, and a reservation of the right, on equitable terms, to purchase the work for the public benefit. The reports from the several departments of the government, will, in due time, be laid before you, by the proper officers, and to the statements and suggestions therein contained I respectfully solicit your attention. The reports of the Adjutant General and Quartermaster General are herewith transmitted. The whole number of enrolled militia in the state is reported to be 61,045. The neglect of the township officers, upon whom is devolved by law, the duty of returning the names of persons liable to do military duty, has* occasioned much embarrassment. A strict attention on their part to this duty, is indispensable under the present militia organization. In pursuance of the provision of the law of Congress authorizing an annual distribution of arms, the state has received her quota for the last year, amounting in value to the sum of $6,500. A communication from the war department of the United States, dated May 19th, 1846, was received by me, requiring the enrollment of a volunteer regiment, to be held in readiness for the service of the country, whenever demanded by the President. A call for this organization of volunteers, received a ready response from our patriotic fellow citizens,. who, to a number greater than required, tendered themselves for this duty. No order has been received for mustering this regiment into service, but the alacrity with which our citizen soldiery have presented themselves as volunteers, gives full assurance of their readiness, in case of emergency, to bear their part in sustaining the rights and honor of the country in the ranks of the national army. No event could be the subject of more general regret, than the present hostile collision with the government of Mexico. Long years of 'peace have blessed our nation. The love of domestic quiet, and of peaceful pursuits, and a settled aversion to the policy of war, pervade almost every class in community. From its earliest existence, our national government has cultivated amity with all nations, and a constant effort to avoid a resort to arms in the settlement of matters of difference, is apparent in the history of our foreign relations. Remonstrance has succeeded remonstrance, negotiation has followed negotiation, and a ï~~ALPHEUS FELCH 81 spirit of concession and forbearance has ever been liberally exercised to avoid threatened hostilities. It is creditable to the spirit of the age, that the same just and humane sentiments, characterizing other civilized nations of the earth, have enabled us, almost uniformly, to maintain an honorable peace. With Mexico, a sister republic on the same continent, a friendly alliance is especially desirable. In reviewing the causes of the present war between the two nations, the same forbearance under provocations and indignities, and the same unremitted efforts to cultivate friendly relations, and to avoid hostilities, which have become the settled policy of our government, are apparent on our part. Hitherto in the contest, the most brilliant success has rested on the American arms, and valor has been rewarded with victory. While we rejoice over our national triumphs, shall we not devoutly hope that the renewed offers of peace, magnanimously tendered by our government, may secure an honorable adjustment of differences, and again unite the two republics in the bonds of amity. At the commencement of the last session of the legislature, five banks only were in operation in this state. Since that time two of these, the Oakland County Bank, and the Bank of River Raisin, have ceased to do business. Proceedings are now pending in chancery, having for their object the forfeiture of their chartered privileges, and the distribution of their effects among creditors. The failure of these two monied corporations, at a time of general business prosperity, has renewed the recollection of the disasters incident to the banking system. The State of Michigan has now fewer banks than at any former period, and it may safely be asserted that the legitimate business of the community has never been transacted on principles more safe and economical, and with such uniform and certain profits, or with such well-requited reliance upon skill, industry and economy, to the exclusion of hazardous speculation, as during the past season. In some of the States, an effort is being made to abolish the old system of banks, and to adopt another with different checks and securities. That some of its evils may thereby be avoided, is beyond a doubt. In any event, however, it is believed that the people of the State prospered in their business transactions, and warned by the lessons of the past, desire no legislation calculated to increase the hazards of moneyed corporations. A law passed at the last session authorized the governor to appoint some competent person to collate and arrange the materials and memoranda in the office of the late Geologist of the State, and appropriated $1,700 for continuing the surveys, and preparing and publishing a final geological report. From an examination of affairs at that office, I was satisfied that the task of preparing a final report would be one of much ï~~82 MESSAGES OF GOVERNORS OF MICHIGAN labor and expense, and I did not feel willing to commence again the geological explorations, unfortunately terminated by the death of the late Geologist, until some definite plan should be adopted, and the limit of the expenditures ascertained. Instead, therefore, of proceeding under the law above referred to, I have procured estimates to be made, by a person connected with the geological department, of the probable expense of preparing and publishing a final report, from the materials now in the office, which I herewith transmit for your consideration. It will be seen thereby, that two years' labor of a competent person, already familiar with that department, will be required. For the preparing and publishing of two, thousand volumes, the total expense to the treasury is estimated at $3,560, not including the printing and binding. The expenses of these last, it is presumed, can, by an agreement with the publisher, be met out of the first sales of the work. The importance of this publication cannot be doubted, but the embarrassed state of the treasury induces me, before commencing unlimited expenditures, to lay the estimate of the whole work before you, for your consideration. The approaching expiration of the official term of one of the Senators from this State in Congress, will require the election of his successor, at the present session. The twelfth article of the Constitution also provides that the seat of government shall, at the present session, be permanently located by the legislature. In many instances where no constitutional provision renders it necessary, the laws have conferred on the Governor, the appointment of officers whose duties are local, and not immediately connected with the administration of State affairs. The want of personal knowledge on the part of the Executive, usually compels that officer to rely on the recommendation of others, in regard to the qualifications of applicants. Experience of the difficulty in making judicious selections for these offices, and confidence in the wisdom of the people, induce me to believe that an election by the voters, among whom the official duties are to be performed, would be preferable to the present mode of appointment. While it would relieve the Executive from the exercise of a power, by no means to be coveted, it would secure the services of men equally honest and capable, and would give better satisfaction to all. The appointment of all military officers, is, under the present law, also entrusted to the Governor. It would seem both just and politic, that in the selection of company officers, the recommendation of the company should be received, and in offices of a higher grade in the line, the selection should be committed to the commissioned officers associated in the same command. Much of the time of the legislature, at the last session, was employed ï~~ALPHEUS FELCH 83 in revising the general statutes of the State. The revision then adopted, has been published, but does not take effect as a law until the first of March next. In a work of this character, perfection is not to be expected, nor can any human wisdom avoid the necessity of occasional modifications and corrections. In some portions of this revision, especially in the provisions relative to the judiciary, important changes have been introduced. An examination of these provisions may suggest difficulties in their practical operation, which a due regard to the public welfare, may require to be anticipated by further legislation. To secure the speedy and correct decision of causes, without overtaxing the labors of the courts, to bring the expenses of the administration of justice within proper limits, and to maintain an able and independent judiciary, are oljects of the highest importance. It is for the legislature to determine, whether or not further legislation on the subject at the present time is necessary or expedient. Where no manifest objections to the provisions of the revision are apparent, good policy would seem to require that it should be submitted to the test of experience. Evils exhibited in its practical operation, can be remedied by future legislation. Excessive legislation, and frequent changes in the Statutes, have heretofore been the subject of repeated and just complaints. Laws permanent in their character, and general in their application, afford the best guaranty of the rights of individuals, and the welfare of the State. The numerous applications for special legislation, intended to subserve local interests, or to give special exemption or privileges to individuals or associations, should be entertained with caution. Wherever the general laws of the State afford a remedy, special legislation should, in my opinion, be refused, and the parties be remitted to the proper tribunal. If this rule were carefully observed, much injustice to absent parties, would be avoided, and the length and expenses of legislative sessions be curtailed. The position of our peninsula State, nearly encompassed by the waters of the great lakes, naturally excites among our citizens a lively interest in the improvement of lake navigation. We look to the broad waters. of these inland seas, with feeling similar to those with which the residents of the eastern States of the Union regard the waters of the Atlantic. They set the limits to our territory. Their waves are plowed by our vessels and steamers,. bearing the products of our soil and our industry, to distant markets, of which, as ascertained from competent authority, an amount in value exceeding five millions of dollars, has been exported during the past season. They divide our State from the territory of a powerful foreign nation, whose navigation commingles with our own. As the great thoroughfare between the East and the West, we commit to them our lives and our property. For the want of safe and ï~~84 MESSAGES OF GOVERNORS OF MICHIGAN convenient harbors, and road-steads, perils attend on every enterprise connected with the business of the lakes. Every season swells the catalogue of lives that are lost, and of property destroyed. The repeated applications to Congress, by the legislature of this State, and its Congressional delegates, for the improvement of the harbors along our borders, show that we have always regarded this as a subject worthy the attention of the general government. These improvements are national in their character. The great interests connected with the business of the lakes extend to the whole northern portion of the Union. They are connected with the industry and the enterprise of the present and future population of a territory rich in every natural resource, and exceeding kingdoms in extent. As the frontier of our' common country, the duty of affording the means of safety and protection to our navy, upon their waters, appears to me to be evident. Unembarrassed by connection with other objects less meritorious or clearly objectionable, let us hope that these important interests will, at an early day, secure the necessary appropriations. With the advantages which would thus be shared by our State, and with the benefits of the markets of the world, now comparatively free, increased prosperity must, under the smiles of Providence, attend upon the Commonwealth. ALPHEUS FELCH. January 7, 1847 From Jou-rnal of House of Representatives, pp. 22-23 TO THE SENATE AND HOUSE OF REPRESENTATIVES: I herewith transmit a communication this day received by me from the justices of the supreme court, in relation to the use of the law books in the state library. The inconveniences resulting from the want of a library at a convenient place for consultation by the court, in the examination of causes submitted to them, have long been felt by the members of that tribunal. The plan here proposed of depositing at their counsel room, such law books as are not required for the use of the legislature; although, it will not fully obviate the difficulty, will give perhaps the only aid in the power of the legislature, at present, to afford. I therefore commend the subject of the communication to your consideration. ALPHEUS FELCH. ï~~ALPHEUS FELCH 85 February 27, 1847 From Journal of the House of Representatives, pp. 298-299 TO THE HOUSE OF REPRESENTATIVES: I have the honor to acknowledge the receipt of a copy of a resolution adopted by the House of Representatives requesting me to inform the House whether the pardon of Ebenezer M. Miller, dated Feb. 17, 1847, was granted "on the ground that he was innocent of the crime for which lie was convicted," or to communicate such evidence in my possession as I might deem important in relation to the guilt or innocence of said Miller. The application for the pardon of this convict was made on the ground that the death-bed declarations of the principal witness upon whose testimony the conviction was had, showed subsequently to the trial that he was not guilty of the crime charged in the indictment. In determining upon an application on the grounds above mentioned, I did not deem it necessary for me to decide the question whether in fact the convict was innocent or guilty of the crime charged against him. Indeed the testimony usually presented to the Executive in such cases, consisting of petitions, informal representations and ex parte affidavits, is not the most satisfactory in its character for a proper determination of such a question. It is, however, sufficient to afford a guide to the discretion of the Executive in the exercise of the pardoning power. If, by an exhibition of facts which have transpired subsequently to the trial, a reasonable doubt of the guilt of the convict is made to appear, a proper case is, in my opinion, presented to authorize the exercise of the executive clemency. In such case, as upon a trial, the convict is entitled to the benefit of a rational probability of innocence. Such I considered the case made upon the application for the pardon in question; beyond that I did not deem it necessary for me to decide, and upon that ground, in connection with the highly respectable recommendations filed in the case, the pardon was granted. For a proper understanding of the merits of the application by the House of Representatives, I herewith transmit the papers filed in this office on behalf of the convict. Petitions for his pardon, signed by many citizens of this State, were also, some time since, presented to me; but, without being filed in this office, were taken away to be exhibited to the Presiding Judge of the court in which the conviction was had, and have not been returned. ALPHEUS FELCH. ï~~86 MESSAGES OF GOVERNORS OF MICHIGAN March 3, 1847 From Journal of the Senate, pp. 290-291 FELLOW CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES: My recent election to the office of Senator in Congress for this state for the official term.to chmmnce on the fourth day of the present month, of which the proper evidence has been furnished to me, induces me hereby to tender to the legislature my resignation of the office of Governor of the State of Michigan, and respectfully to solicit their acceptance of the same, to take effect from this day. Having received at your hands an appointment which will soon call me to the performance of duties connected with the Federal Government, I may be permitted, in signifying my acceptance of the same, to express to you my grateful acknowledgments for this mark of your favor and confidence. While in public life it has been my highest ambition faithfully to perform the trusts committed to my charge; and I receive with heartfelt gratification this renewed evidence of public regard. I shall assume the duties of the office of a Senator of the United States with a deep sense of its high responsibilities, and with unfeigned distrust of my own powers and qualifications; yet, with a determination diligently to devote myself to the promotion of the interests of our State and of the Union. Tendering, then, my resignation of the Executive office to you, fellow citizens, as the representatives of the people by whose suffrages it was conferred, I retire from its duties, gratefully acknowledging the many unsolicited favors received from the people of Michigan, and with a fervent prayer for their continued happiness and prosperity. ALPHEUS FELCH. ï~~GOVERNOR EPAPHRODITUS RANSOM ï~~;;:. _ " ï~~IOF) ï~~z, M p Ilk a tib ~ EPAPHRODITUS RANSOM ï~~BIOGRAPHICAL SKETCH E PAPHRODITUS RANSOM was born at Shelburne Falls, Massachusetts, in February 1796. His father, Ezekiel Ransom, had seen service as a major in the Revolutionary War. His mother was the daughter of General Fletcher, of Townshend, Windham County, Vermont. Early in youth he removed with his parents to Townshend, where he was raised to manhood, working upon the rugged hill sides of the Old Fletcher farm during the summers. With such preparation as he was able to make in the district schools, lie entered Chester Academy in Windsor County, Vermont, then one of the most prominent literary institutions in New England. Graduating from the Academy after four years' attendance, he determined to become a lawyer, and returning to Townshend entered the office of Judge Taft of that place, having for his fellow student the son of his preceptor, Alphonso Taft, later Attorney General of the United States and father of President William Howard Taft. After two years in the office of Judge Taft he entered the law school at Northampton, Mass., from which he graduated with distinction in 1823. Following his admission to the bar he began to practice law, and enjoyed for some years a successful business. Although a Democrat in politics, and thus of the minority party he was returned several sessions to the lower house of the Vermont Legislature. In the fall of 1834 the rising tide of westward emigration drew him to Michigan. No doubt the glowing accounts from that other Vermonter, Hon. Lucius Lyon, of the rich prairies of Kalamazoo County, determined him to locate at Bronson, which he did in October when some twenty houses and not to exceed one hundred souls constituted what was to be in time the city of Kalamazoo. He at once entered upon the practice of his profession, and soon impressed his personality upon those beyond the immediate circle of his pioneer acquaintances. Tall and straight, of strong physique, approachable and simple in his habits, he soon became a man of more than ordinary popular regard. Hardly two years a resident of Michigan, in 1836, he was appointed by Gov. Stevens T. Mason judge of the second judicial circuit and associate justice of the Supreme Court, being thus the first to receive a judicial commission under the constitution of the new State. In 1843 Gov. John S. Barry appointed him Chief Justice, a position he continued to hold until elected Governor in 1847. Mr. Ransom was the first Governor to be inaugurated in the new capitol, now the city of Lansing, where the thirteenth legislature of Michigan met on Jan. 3, 1848. Although elected Governor by a majority of ï~~90 MESSAGES OF GOVERNORS OF MICHIGAN the vote in every county of the State, he held the position but one teni. His attitude in support of the Wilmot Proviso raised an issue that defeated him for renomination. The legislation during his term was marked by three striking features, indicative of a new epoch in the history of the State. First the increasing prominence of legislation relating to the upper peninsula consequent upon the discovery of its vast deposits of copper and iron. A score of mining companies were incorporated. Four new counties were fully organized. A lengthy joint resolution was adopted calling the attention of Congress to "an immense and apparently immeasurable amount of mineral wealth, inviting immediate purchase, occupancy and improvement," and calling for Congress to quiet the titles of the settlers on former French and British grants at the Sault de Ste. Marie. Second, a large amount of "internal improvement lands" were appropriated for the building and improvement of state roads. Third, a large number of "plank road" companies were incorporated. Gov. Ransom's experience was unique in that after. having served the State as its chief executive, he served in the State Legislature as the representative of Kalamazoo County (1853-4). He was Regent of the University of Michigan 1850-52. Governor Ransom took a deep interest in agricultural pursuits. The Michigan Agricultural Society was organized during his administration and he became its first president. In 1857, after serious reverses in fortune, he emigrated to Kansas, having been appointed by President Buchanan receiver of the Osage Land Office in that territory. He died at Fort Scott, Kansas, in November, 1859, in his sixty-second year. ï~~MESSAGES ï~~ ï~~1848 January 3, 1848 From Joint Documents of the Senate and House of Representatives, pp. 1-24 FELLOW CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES: Having been elected by a majority of the people, to the office of Chief Executive Magistrate of our young, but rapidly growing State, and having assumed the high obligations and responsibilities of that elevated station, by taking the oath prescribed by the constitution, I am required to communicate to you, as the Representatives of the people, the condition of the State, and to recommend for your consideration, such matters as I may deem expedient. With the importance of the trust confided to me, I am duly impressed, and of my ability to perform the arduous duties it imposes, am fearfully distrustful. My predecessors, in accordance with a custom adopted at the organization of our State government, have, on being inducted into office, preceded their executive communications by an avowal of their opinions, upon the general principles of government-the peculiar character of our institutions and laws, or upon such other topics of general interest, as seemed at the time, most to engage the public mind. This custom is certainly harmless, but it is, I think, as certainly, without practical utility, and as it seems best to comport with the republican simplicity of our system of government, to dispense with all unnecessary and useless ceremonies, I have deemed it proper,-en the present occasion, to communicate with you, only in the mode, required by the constitution. The assembling of the Legislature at the commencement of the year, furnishes a suitable occasion for a retrospect of that which has passed. In reviewing the year that has now just closed upon us forever, we discover abundant cause for congratulation: ND severe sickness has visited the people, but general health has prevailed through the breadth and length of the land. An unexampled degree of prosperity has attended every branch of business-the enterprise and activity of the commercial and mercantile classes have never secured for them richer returns-those engaged in the mechanical and other industrial pursuits have found uninterrupted employment, and received ample compensation for their labor. Although the crop of our agricultural staple has not, in some sections of the State, been as great as may have been anticipated, yet in others ï~~94 MESSAGES OF GOVERNORS OF MICHIGAN it was never more abundant. The harvest of other farm products, has been everywhere plenteous. All kinds of produce have been in demand, meeting a ready sale, at fair and remunerating prices, so that, upon the whole, the labors of our husbandmen have been rewarded with a bountiful return. For these manifold blessings, received from the beneficent hand of Him who ruleth the nations, we ought to render tribute of unfeigned and fervent gratitude. The reports of the Auditor General and State Treasurer furnish a detailed statement of the transactions of their respective departments during the past fiscal year, and of the general condition of the finances of the State-an exhibition of our pecuniary affairs, which cannot but be gratifying to our creditors, and a source of pride to our citizensI take great pleasure in presenting it to you, and through you to the people. The receipts into the treasury within the year, to the credit of the general fund, amount to $185,134.46, and the disbursements for the same period, have been $165,306.03, the receipts exceeding the expenditures by $19,828.41. The balance in the treasury, on the 30th November, 1847, including the balance on hand at the close of the previous year, was $64,470.35-the whole of which was in current money. The amount available for the uses and purposes of the general fund, is $44,145.77, which, during the present month, will be increased to $50,939.58, by receipts from the Primary School interest fund, and the University interest fund, for over drafts which will be repaid from those funds, out of the proceeds of the annual tax to be received from the Central and Southern Rail Road Companies. The laws, providing for the assessment of a certain tax upon all ratable property for the support of the State Government, were repealed by the Revised Statutes of 1846, and no substitute for them incorporated therein; nor was any law enacted for a similar purpose by the Legislature of 1847. The omission was doubtless unintentional, and its cause is probably correctly stated in the report of the Auditor General. The action of the Supervisors in the various counties has not been uniform upon the subject. In some, the usual state tax has been assessed; in others, no such assessment has been made. This subject will, therefore, commend itself to the early consideration of the Legislature, and its exigency will demand the enactment of a law, which shall give validity to the assessments already made, and provide for the future assessment of the state tax in the counties where it has been omitted. If such remedy be promptly provided, it is believed that no serious embarrassments in the collection of the revenue, from this source, will be encountered. The aggregate valuation of the taxable property of the State, according to the returns for 1847, is $27,617,240.13. A state tax of 21/2 mills on the ï~~EPAPHRODITUS RANSOM 95 dollar, the rate established by the lav in force prior to the adoption of the late revision, assessed on such valuation, would produce an annual revenue of $69,043.10-$4,379.56 less than the total assessments for the previous year. The debt of the general fund amounts to the sum of $325,169.06, and includes $100,000 for bonds chargeable upon that fund, and falling due in 1856-$60,000 for Penitentiary bonds, due in 1859 and 1860, and a liability to the School fund of $129,880.61, which is in the condition of a permanent loan to the State, the annual interest of which is to be paid out of the proceeds of the specific tax imposed on the capital stock of the Central and Southern Rail Road Companies. The resources of this fund, as stated, amount to $396,621.95, besides the annual state tax, and other assets. These are considered amply sufficient for the payment of all immediate liabilities of the fund, and, it is believed, they will be made available in the redemption of the bonds above mentioned, as they reach maturity. The receipts to the credit of the Internal Improvement fund during the year, amount to $493,495.83, and consist principally of payments into the treasury on account of the sales of the Central and Southern Rail Roads. The debits and liabilities of the same fund, during the same period, amount to $429,198.79, and are comprised, chiefly, in the evidences of state indebtedness paid on account of said sales, and which have not heretofore been charged against the fund. The whole amount of the $2,000,000, for which the Central Rail Road was sold, together with the sum of $27,322.14, the interest thereon, has been paid into the State Treasury in accordance with the terms of the Act providing for the sale; and on account of the sale of the Southern Rail Road $75,000 of the principal, with interest amounting to $13,500, were received prior to the close of the fiscal year. Of the evidences of State indebtedness thus paid and cancelled, $1,125,000 was of the full paid Five Million Loan Bonds; $309,449.60, was in "Interest Bonds;" and the nominal amount of $199,000 of the "part paid bonds," being a portion of the $3,813,000 delivered to the United States Bank, was also received at the rate of allowance prescribed by law. The debt of the State, on account of the loan for Internal Improvement, may now be stated thus: Outstanding full paid five million loan bonds, due, January, 1863......................$262,000.00 Outstanding "Interest Bonds" issued on the above, due January, 1850..................57,587.20 $319,587.20 ï~~96 MESSAGES OF GOVERNORS OF MICHIGAN Amount of principal received on $3,614,000, part paid bonds.now outstanding........ Interest on the same to January 1, 1848.... Amount received from Morris Canal assets on account of the part paid bonds, with interest to January 1, 1848.............. $1,145,537.74 524,906.31 $1,670,444.05 30,035.95 Making the total amount received on said bonds............................... But if from this amount be deducted damages claimed by the State, on the unpaid instalments of the loan, at the rate of 3. per cent, as is contemplated by the laws providing for the reception of said bonds in payment for the Central and Southern Rail Roads, which, with the interest from July 1, 1841, to January 1, 1848, amounting to............................. The total indebtedness of the State, on account of all the bonds issued for the said loan, with interest to January 1, 1848, will then be.......................... To which must be added, for outstanding internal improvement warrants and interest thereon, $365,089.05, for indebtedness to the University fund $79,371.99, and other items constituting the domestic debt, which, together, amount to.............. 1,700,480.00 $2,020,067.20 102,934.86 $1,917,132.34 473,467.17 And the present indebtedness of the State on account of Internal Improvements, is.... $2,390,599.51 The unpaid balance on the sale of the Southern Rail Road, payable by instalments, semi-annually, with interest, now amounting to $425,000, is considered an available credit, and may therefore be properly deducted from the $2,309,599.51. The amount of the present resources and assets of the Internal Improvement fund, which it is believed will ultimately be made available, towards the payment of this debt, exclusive of other credits of the State,' now of doubtful availability, is estimated by the Auditor General at $301,998. ï~~EPAPHRODITUS RANSOM 97 The interest on all the full paid bonds, and interest bonds, to the first of July last, has been paid, or provided for, out of the proceeds of certain payments made by the Central Rail Road Company; and for the payment of the coupons, on said bonds, outstanding and fallitg due in January and July annually, amounting, now, to the sum of $19,175.23 only, provision is made by the "act to liquidate the public debt and to provide for the payment of the interest thereon and for other purposes," approved March 8, 1843; but as the amount cannot be assessed until the next annual session of the Board of Supervisors in October, 1848, and as the entire amount of it cannot, under the present provisions of law, be collected and made available for the purpose intended, until the lapse of more than two years thereafter, I suggest the expediency of paying the coupons, as they fall due, out of the treasury, in anticipation of the receipt of the tax alluded to, provided it can be done without prejudice to claims thereon which may be entitled to preference. To the condition of that portion of the internal improvement debt, which consists of the bonds delivered to the late United States Bank, and for which the State received partial payment only, the special consideration of the Legislature is invited. To make early provisions for the ultimate payment of this debt, both principal and interest, appears to me to be an imperious duty, which we should neither attempt nor desire to avoid. Such a measure is, in my judgment, dictated, alike, by a wise and prudent regard for the honor and interests of the State, and a proper appreciation of the just rights of our creditors. That the people of Michigan intend, in good faith, to pay the public debt, I cannot doubt; and in my view, their interests will be best subserved by proceeding without unnecessary delay to provide for its liquidation and extinguishment. It is apparent, that if the situation of this debt be suffered to remain unchanged for any considerable term of years, the result cannot but be prejudicial, as the payment of the original amount, largely augmented by the annually accruing interest, will have still to be provided for, and with no additional resources. The faith of the State is solemnly pledged to pay all she owes, and her citizens will fulfill the sacred obligation. To you, gentlemen, her chosen representatives, is entrusted the high and holy office of guarding her rights, and of vindicating her honor, and I feel assured that you will discharge the duty with the most scrupulous fidelity. The suggestions of the Auditor General in relation to this part of the state indebtedness, I commend to your special attention; the whole subject is carefully considered and ably discussed in his report, which will be laid before you. I have only to add, that in whatever measures you may think proper ï~~98 MESSAGES OF GOVERNORS OF MICHIGAN to adopt, for the accomplishment of the great object in view-the payment of the annual interest and the ultimate absorption of the principal of the whole public debt, as speedily as the ability of the state will permitI shaH most cheerfully co-operate. The contingent debt of the State remains in much the same condition in which it was stated to be, by the last report of the Auditor General, and seems not to require legislative action at present. Its liabilities consist of the bonds of the State to the amount of $100,000 loaned to the Detroit and Pontiac Railroad Company; a similar loan, and of the same amount, to the University-and of the instalments of the surplus revenue deposited by the United States in the State treasury amounting to $286,151.49. The report of the Commissioner of the State Land Office, shows the total receipts on account of sales of all classes of public lands, during the past year, to be $110,589.53, of which amount there was received on account of School lands.............................$63,634.10 University Lands................................ 24,399.18 State Building Lands............................ 1,600.74 Internal Improvement Lands...................... 20,087.06 Salt Spring Lands................................ 868.45 The whole number of acres of School lands sold, down to the 30th of November, 1847, is 94,937, of which 18,990 and 30-100 acres have been sold during the last year. The school section on which the present seat of government is located, has been laid out by the Commissioners into town lots, the appraised value of which, exclusive of the tract selected for the site of the Capitol, is $95,527. Of these town lots, sales have been made during the year, to the amount of $18,233. Of the University lands, to which the State is entitled, 44,416 and 31-100 acres have been selected, of which 19,606 and 80-100 acres were sold prior to the close of the last fiscal year. Of the half million acres of Internal Improvement lands, appropriated by Congress, 492,504 and 41-100 acres have been selected, of which there have been sold 263,054 and 21-100 acres. The legislature appropriated 27,000 acres for the erection of a bridge across the Grand River, at Lyons, and the construction of a canal around, the Grand rapids, upon the same river; 202,450 and 20-100 acres remain unsold. The balance of the grant is 7,495 and 59-100 acres, most of which was, by the direction of my predecessor, selected in the mineral region of Lake Superior, in pursuance of law. To this selection, the Secretary of the Treasury, at Washington, refuses to give his assent or approval, of which this department has been officially notified by the Commissioner of the General Land Office. Whether such approval is made necessary by the laws of the United States, to vest in the State the title to the lands selected-and if so, ï~~EPAPHRODITUS RANSOM 99 whether the discretion has been exercised, in this case, comformably to those laws. are questions requiring careful investigation. That the action of that high functionary has been in strict accordance with his views of official duty, there is no reason to doubt; but as the subject is one in which important interests of the State are involved, it is submitted to the legislature with a view to the adoption of such measures as may seem expedient in the premises. Under the act of Congress, giving its consent to the sale of,the Salt Spring Lands, previously selected by the State, a portion of those lands, were, for the first time, brought into market and offered for public sale during the past year, pursuant to the laws of the State relating thereto; and 777 and 48-100 acres were thus sold, at the minimum price of $4 per acre. The original selections of these lands amounted to 45,348 and 55-100 acres, 24.264 and 10-100 acres of which, it is understood, have received the approval of the Secretary of the Treasury; from the remaining selections the approval of that officer is withheld. Of the lands granted by Congress in aid of the erection of public buildings for the State, there remain unsold, 27,805 and 54-100 acres. Certain lands were received in payment of debts due from the Michigan State B~hk, and other debts of the State, valued, on appraisal, at $28,176.41, of which sales have been effected to the amount of $5,605.62, leaving a balance unsold of $22,566.79. The report of the Commissioner appointed under the act providing for the removal of the seat of government, to select and designate a site in the township of Lansing, in this county, on which to erect the Capitol and other State buildings, is herewith transmitted. Various propositions were submitted by and in behalf of individuals, desirous of having the location made upon their own lands. All lands, connected with such propositions, were carefully explored and examined, and each proposal maturely considered by the Commissioners; they finally, however, unanimously concurred in the opinion that the interest of the State would be best subserved, by placing the public buildings upon the sixteenth section in the township mentioned in the act referred to, and they accordingly designated a part of that section for that purpose. There is no subject paramount in importance to that of Common School Education,-none that has a higher claim to the fostering care of the government. I am not aware that further legislation is necessary in relation to our common school system, unless it be deemed expedient to provide for the establishment of Normal Schools for the education and qualification of teachers. Such institutions, when properly conducted, have been productive of great good, and no doubt is entertained but such would be the result of their introduction into our State, and being made to form a part of our educational system. By a joint resolution of the ï~~100 MESSAGES OF GOVERNORS OF MICHIGAN legislature, approved March 4, 1847, the Superintendent of Public Instruction was required to compile so much of his annual reports for the years 1845 and 1846, as he should deem necessary for the purpose of giving general information relative to common schools. That duty has been performed, and the "compilation" contemplated by the resolution has been made by that office, and will be laid before you. The number of townships from which reports have been received, pursuant tQ law, is 425, somewhat exceeding the number by which reports were made last year. The number of school districts, from which reports have been received, is two thousand nine hundred and fifty-being eighty-one more than reported last year; and the number of children reported, between the ages of four and eighteen years, is one hundred and eight thousand one hundred and thirty-showing an increase of ten thousand four hundred and seventy-two, upon the number returned in any former year. The whole number that have attended common schools during the past year, as shown by the returns from the several counties, is eighty-eight thousand and eighty; ten thousand two hundred and seventy-three more than are reported to have received such instruction the previous year. For the year 1846, the primary school interest fund apportioned among the several counties and townships of the state, was $27,925.72-thirtyone cents to every child reported between the ages before mentioned. The amount divided the present year is $31,250.54-thirty-two cents to each child entitled, by law, to participate in the distribution of the fund. The whole sum expended in the State, during the year, for the support of common schools, was $130,531.80-$36,543.75 of which was applied to the building and repairing of school houses. There are three hundred township libraries in the State, containing forty-three thousand nine hundred and twenty-six volumes, according to the returns of the past year being thirty more libraries, and six thousand nine hundred and thirty-eight volumes of books, more than were reported in 1846. These libraries circulate through one thousand three hundred and fortynine school districts, two hundred and sixty-eight more than have participated in their benefits, in any former year. The returns evince an increasing interest in all parts of the State, in behalf of common schools, and of education generally. In several villages, Union School Houses have been erected at an expense, varying from $800 to $3,000, and a greater willingness is manifested to employ competent teachers, and to pay an adequate compensation for their services. The increasing usefulness and prosperity of the University, cannot fail to be a source of gratification to every citizen of Michigan. Of the twenty-six professorships contemplated by the organic law of the institution, seven have been already established by the board of ï~~EPAPHRODITUS RANSOM 101 regents and their chairs filled, by whom instruction is given in all the branches of literature and science usually taught in collegiate institutions of the highest grade. Of the seven professors appointed, there is one of the Ancient Languages-one of the Modern Languages-one of Mathematics and Natural Philosophy-one of Moral and Intellectual Philosophy-one of Logic, Rhetoric and the Philosophy of History-one of Botany and Zoology, and one of Chemistry and Geology. The library, consisting of about five thousand volumes, is believed to be one of the most valuable, of its extent, in the United States, embracing as it does, the mtost approved foreign works in the several departments of Literature, Science and the Arts. Its cabinet of Natural History is, also, of great extent and value.The cabinet purchased of Baron Liederer, is a rare and rich collection of foreign minerals. Besides which, it has an extensive collection of American minerals and fossils, together with suits of specimens illustrative of the Geology, Zoology, and Botany of Michigan, affording altogether greater advantages to the student in Natural History, than any similar institution in this country. The success of the University thus far has exceeded the expectations of its most sanguine friends. The number of students now belonging to the several classes is eighty-three, and, that the number will be largely increased at the commencement of each succeeding collegiate year, there is every reason to expect. The professors have been selected for their ability, learning, and high moral qualities, and, that they possess them all, in an eminent degree, is demonstrated by the manner in which they have discharged the varied, arduous and responsible duties of their respective stations. The finances of this favored institution, are also upon a most satisfactory footing. A debt was early contracted in its behalf, for a loan of $100,000 of the bonds of the State, which has been reduced, from time to time, by the sale of portions of its lands for- warrants drawn upon the Internal Improvement fund, to $20,628.01, and the net amount of revenue derived from all sources. during the past year, and made available for its general use, after deducting interest due on the balance of its debt, will exceed $15,000, about half of which has been expended in the erection of an additional building for dormitories and lecture rooms. Appropriations are no longer made by the Regents for the support of Branches of the University, and instruction is continued only in those at Kalamazoo and Romeo. The reports of the Adjutant General and Quarter Master.General are herewith transmitted..By an order made on the 26th May last, the Quarter Master General's department was placed under the direction and ï~~102 MESSAGES OF GOVERNORS OF MICHIGAN control of the Adjutant General, since which, he has performed all the duties of both departments. A strong repugnance is manifested in many sections of the State to an organization of the militia. Serious embarrassments have been encountered, consequently, by the Adjutant General, in his efforts to obtain from the civil authorities of the various townships and counties, prompt and accurate returns of those liable to do military duty. Those embarrassments however, have been, in a good degree, overcome, by the zealous and unremitted exertions of that efficient officer, to whom the State is principally indebted for the progress, thus far, made in the enrollment of the militia. The whole numerical strength of the militia of the State is estimated at sixty thousand, embracing those actually enrolled-such as are liable to military duty, but not yet returned, together with the active or volunteer force. I, commend to the favorable notice of the legislature the proposition of the Adjutant General to appropriate to the purpose of an Armory the rooms hitherto occupied by the Auditor General and State Treasurer, in the State Building in the City of Detroit. The reasons urged by him for such use of the rooms in question, are certainly forcible, and to my mind, entirely satisfactory. They are fully detailed in his report. I concur in opinion with the Adjutant General, also, with regard to the propriety of placing at the disposal of his department, a fund sufficient to defray its necessary incidental expenses. On the 19th of May, 1846, a requisition was made by the War Department, upon the executive of this State, for the enrollment of a regiment of volunteer infantry, of ten companies, to be held in readiness for active service, when called for by the President. By a joint resolution of the Legislature, approved February 13, 1847, the sum of ten thousand dollars was appropriated, to be applied, in the discretion of the executive, in fitting out any volunteer regiment, battalion or company, that might be called fromh this State, to serve in the war with Mexico. In October last, an order was issued by direction of the President, for mustering these troops into the service of the United States; and the measures necessary to secure a compliance with that order, were taken without delay, by the proper authorities of the State. Officers of the regiment and of the several companies have been appointed and commissioned, and although the required number of the rank and file, in some of the companies, has not yet been completed, the regiment, nevertheless, has been mustered into the service of the United States, and six companies have marched for the seat of war. The commanders of the four companies remaining, give assurance that ï~~EPAPHRODITUS RANSOM 103 their respective commands will be speedily filled, and the whole in readiness to follow those who have preceded them. An account of the disbursements made, and to be made, under the joint resolution referred to, will be submitted to you, when the object to which they are applicable shall have been fully accomplished. The amount thus expended will in due time be reimbursed to the State treasury by the general government. The promptitude with which our fellow citizens responded to this call, affords an earnest that they will cheerfully encounter any hardship or danger for the vindication of their country's honor or the maintenance of its rights. They are entitled to our warm and unmeasured thanks; and, that they may be "saved from the hands of our enemies"-"preserved from all perils," and restored to their respective families and friends, should the prayer of every American patriot and christian be offered to Him who is alone the giver of victory. I do not propose an investigation of the causes which have led to our present unhappy relations with Mexico, nor a vindication of the policy by which our government has been guided in'the prosecution of the war with that Republic. Either would be supererogation. It is sufficient to say, here, that the war was neither sought nor commenced by our government: we were forced into the position we now occupy, by the aggressive acts of Mexico herself. She invaded our territory with her armed soldiery, and there shed the blood of our citizens. No choice was left for us. To oppose force with force-drive the invader from our soil-vanquish her armies-capture her soldiers-subjugate her cities and towns--occupy and govern her country-levy contributions upon her inhabitants for the support of our army, until she should acknowledge our rights, and make reparation for the long catalogue of injuries committed upon our citizens-was the imperious duty of our government. That duty it has endeavored faithfully to perform, and its efforts thus far made, have been crowned with triumphant success. From Palo Alto to Buena Vista, and from Vera Cruz to Mexico, the march of our army was but a continued series of victories--our brave troops, officers and men, have covered themselves with unfading glory. Of all the heroic band composing the American army in Mexico, none have served their country more faithfully, bravely, and successfully than those from our own State; officers and privates, regulars and volunteers, all have devoted themselves to their country's cause, with a determined energy and unconquerable courage, that would have distinguished an army of veterans. They have poured out their blood like water, and their ï~~104 MESSAGES OF GOVERNORS OF MICHIGAN crippled limbs and mutilated bodies are sad but truthful mementos of their deeds of daring upon the battle-field. They, with all their compatriots in arms, merit our highest praises and our deepest gratitude. The fiscal year of the State Prison has hitherto terminated on the 31st day of October; but by the Revised Statutes of 1846, its accounts for the year are to be closed on the 30th of November, producing uniformity, in that respect, between it and the other departments. Consequently, the report of its officers for the present year, will embrace a period from the 1st of November, 1846, to the 30th of the same month, in 1847, both inclusive. The number of convicts remaining in the prison on the 31st of October, 1846, was 122. Forty-four were received between that date and the 30th of November, 1847. During the same period, 14 were pardoned, 24 were discharged by expiration of sentence, three died, and two escaped; and on the day last mentioned, the number remaining was 119. A large proportion of the labor of the convicts has, during the past, as in previous years, been performed for individuals, upon contract made with them by the agent, under which contracts, 30,418 days work have been performed, at an average price of about 31 2-3 cents per day. Amounting, in the whole, to.............................. $9,620.27 The estimated value of convict labor performed for the State, is...................................................... 2,665.25 Making their total earnings..............................$12,285.52 The total receipts of the prison from the State Treasury, from contractors for convict labor, and from all other sources, during the 13 months before specified, were $18,429.03; and the total expenditures, for salaries, subsistence, and for all other purposes, during the same period, were $18,060.42, leaving a balance on hand, Nov. 30th, 1847, of $368.61. Our Judiciary system will claim your early and careful attention. A prompt, efficient and wise administration of the laws, is alike essential to the maintenance of public and private rights, and the redress of corresponding wrongs. By the late revision of our laws, the previously existing judiciary system underwent many material and important alterations. The office of Chancellor was abolished, and its duties added to those of the Judges of the Supreme Court, then too onerous to be much longer borne by those officers. To the Chancellor had been committed the administration of equity jurisprudence, for the whole State. To him had been given original jurisdiction in all cases where resort was to be had to remedies purely equitable, and his decrees terminated the litigation in a very large proportion of the suits brought before him. ï~~EPAPHRODITUS RANSOM 105 The business of that Court, from its 'organization to its abolition, steadily and rapidly increased, and, during the last years of its existence, accumulated largely upon its dockets, notwithstanding the ability and untiring industry of the distinguished individuals who, at different periods, sat upon its bench. By the same revision, the District Court, a tribunal established for the administration of Criminal Justice alone, in four of the large counties, was abolished also, and its duties thrown upon the judges of the Supreme Court. In the Supreme Court, too, there has been a great increase of business during the last few years, especially in the First Judicial Circuit, where causes had accumulated from term to term, until, at the close of the last session, a long calendar remained undecided. Delay of justice, to the man of business, is almost equivalent to its denial; for its speedy administration, therefore, every practicable facility should be afforded. With a view to relieve the judges of the Supreme Court from the great pressure anticipated, from casting on them the business of the Chancery and Criminal Courts, another tribunal was created, the effect of which has been, it is true, to reduce somewhat the labor of the judges presiding at the circuits. Such reduction, however, bears but a small proportion to the increase of their labor consequent upon the abolition of the two courts just mentioned. It is apparent, then, that with our present judicial force, with the system now existing, justice cannot be administered with the promptitude which the public interest requires, and which private suitors have a right to demand. How shall the evil be remedied? Several modes have been suggested. One, a restoration of the system superseded by the revision of 1846, with an additional justice of the Supreme Court. Another, an enlargement of the powers of the County Courts, giving to those tribunals general jurisdiction in all actions at law, civil and criminal; and again it has been proposed to retain the present system unchanged, except by the addition of two justices to the court of last resort. On the score of economy, the first, I cannot doubt, is entitled to a decided preference. I believe no system has been yet- devised, under which so large an amount of judicial labor can be performed, at the same expense, as the one adopted on the organization of our State Government. Seven individuals, of competent ability, would, unquestionably, perform the whole judicial service of the State, (except such as more ï~~106 MESSAGES OF GOVERNORS OF MICHIGAN properly falls within the jurisdiction of Probate Courts and Justices of the Peace,) for many years to come, and that too, without the aid of.local judges. We now have in office thirty-six judges, and four injunction masters, who are, for many purposes, under the laws now existent, vice-Chancellors. Strong objections exist, in the minds of many, to a court of Chancery as a district tribunal; but it has always seemed to me that so long as a distinction be observed between legal and equitable remedies, those remedies could be most conveniently, safely and cheaply administered when committed to separate jurisdictions. If, however, you should deem it inexpedient to revive the Court of Chancery, and yet believe it judicious to restore the former system excluding that tribunal, the appointment of additional judges of the Supreme Court may be provided for, with a corresponding number of judicial circuits, and each judge, as now, made a chancellor for his circuit. In case it be determined to retain the present system, I respectfully recommend a careful revision of the law establishing County Courts; many of the provisions of which, are, by their practical operation, shown to be defective; and should you think it unwise to increase the force upon the bench of the court of last resort, it would seem necessary that the jurisdiction of the County Courts should be much enlarged. Should those courts be invested with general jurisdiction in all actions at law, civil and criminal, relieving the judges of the Supreme Court from the trial of issues of fact, I doubt not but those judges would be enabled to perform all the duties of the latter tribunal, and of Chancellors also, in their respective circuits. With such a reorganization of the County Courts, compensation should be provided for the judges, proportionate to the labor to be performed and the responsibilities assumed, by those officers. Their salaries should, I think, be paid out of the several county treasuries, the amounts being either fixed by law, or determined by the supervisors, according to the business of their respective counties. The compensation of judicial officers, of so considerable dignity and importance as the county judges will be, invested with the jurisdiction, I have supposed, ought not to be derived from suitors at their bar, as fees, for the performance of official duty-certainly not directly. Our constitution teaches an instructive lesson upon this subject. The sixth article of that instrument, after providing for the appointment of Judges of the Supreme Court, declares.that "they shall receive an adequate compensation," &c. "But they shall receive no fees nor perquisites of office." That provision will be applicable, in all its force, ï~~EPAPHRODITUS RANSOM 107 to the county judges, if they be clothed with general jurisdiction in all actions at law. If general criminal jurisdiction be conferred on those tribunals, jurors, both grand and petit, must be summoned before them, at stated terms to be fixed by law. That some further provision is absolutely necessary for the administration of criminal justice, in the large counties, more especially in the counties of Wayne, Oakland and Washtenaw, does not admit of question. Under the present system, with semi-annual terms only, of the only court of original jurisdiction in criminal cases, persons charged with crime accumulate in the county jails, subject the counties to great expenses for their care and support, and frequently, the prisoners themselves, to great suffering, and that too, before they are convicted of any crime. The restoration of the district court, or the creation of another. tribunal, with the powers of that court, would afford an ample, and it is believed, an economical remedy for these evils. I submit the whole subject to you, trusting that its importance will commend it to your deliberate and careful consideration. I deem it my duty to invite the attention of the Legislature to the existing laws relative to granting licenses to theatrical exhibitions, public shows, &c. By their provisions, township boards, and the corporate boards of villages, are empowered to license theatrical exhibitions, public shows, and such other exhibitions as they may deem proper, to which admission is obtained on payment of money, upon such terms and conditions as they may think reasonable. By the laws of many of the States, so heavy a tax is imposed on licenses as effectually to prevent such exhibitions altogether, or to confine them to the cities and large towns; and in most of the States, persons obtaining licenses for such purposes, are compelled to pay to the public treasury what shall seem, in some degree at least, an equivalent for the privileges conferred; while the practical operation of our law is such, that public shows, of almost every grade and character, are licensed as a matter of course, on application for that purpose, and usually, it is believed, upon the payment of a sum merely nominal. It will appear, from any calculation approaching to accuracy, that an expense of time and money is annually incurred by our citizens, on account of such exhibitions, exceeding in amount all disbursements made in support of the State government; and those who are permitted to make this heavy draft upon us, render no adequate equivalent. Therefore, I suggest the expediency of fixing, by law, a tariff of prices ï~~108 MESSAGES OF GOVERNORS OF MICHIGAN for these licenses, 'ranging upward from an established minimum, in proportion to the population of the county in which application shall be made therefor. I recommend that the County Treasurers alone be empowered to grant such licenses, and that all moneys received therefor be paid to the treasurer of the proper county, and by him apportioned among the several townships in the county, to be applied to the purchase of books for their respective libraries. The subject of a canal around the falls of St. Mary's, at the outlet of Lake Superior in this State, will be strongly pressed upon the attention of the Legislature. The importance of such a work can hardly be over estimated. Though essentially national in its character, the general government has made no provision for its construction; and there is, probably, little reason to expect appropriations by Congress for that object, so long, at least, as the country is involved in a foreign war. The state has not the means at command to meet the expenses of such a work, and prudence, as well as good faith towards our present creditors, forbids a resort to loans for such purposes, even were they known to be accessible. Private enterprise, and private capital alone, seem available for opening this channel of connection between Lake Superior and the waters below. With a view of the attainment of this 'object, an act was passed by the last legislature, granting a charter to any persons who might be found willing to embark in the enterprise. None, however, have appeared to accept its terms and organize under its provisions. It has been represented, that with some modifications of the charter, the stock would be immediately taken, the necessary funds provided, the work commenced without delay, and carried rapidly forward to completion. Should such proposals, in tangible form, emanating from responsible sources, be submitted for your consideration, it Will then be for you to determine whether the proposed amendments can be made consistently with the general interests of the State. Of the nine million acres of land which we possess in the Upper Peninsula, a large part is described by those who have most thoroughly. explored it, as equal in all respects, for the purposes of settlement and agriculture, to any portion of New England, or the more northern part of this peninsula. The interests of our own State, and indeed of the whole Union, would be promoted by the settlement and cultivation of that country, and by the opening of its mines of copper and other valuable metals. ï~~EPAPHRODITUS RANSOM 109 To encourage and foster these important and increasing interests, by every means in its power, is the plain duty of the State Government. The productions of the rich and inexhaustible mines of iron, copper and silver, found along the shores of Lake Superior-the produce, too, of the fisheries of that lake, scarcely exceeded in extent or value by those of Newfoundland, even, and the lumber from almost boundless forests of pine and cedar, all must pass through the St. Mary's canal when made. Of such vast magnitude and importance is the business of the upper lake likely soon to become, and so indispensable to its prosperity and growth is the construction of that canal, that it should be encouraged by a charter, as liberal in its terms as can be granted without jeopardizing the just rights of the public. I cannot permit the present occasion to pass without directing your attention, for a. moment, towards an interesting, and, I think valuable class of foreigners, that, for the last five months, have been arriving in our State. They are a colony of Hollanders, settled in the county of Ottawa, near lake Michigan, remote from the inhabited parts of the country. Their language is the low Dutch, they are ignorant of our vernacular tongue and few persons in our state can act as interpreters of theirs. They are located in a thickly timbered region, without roads, without mills, without mails, without magistrates or police regulations of any kind, and indeed without most of those facilities and conveniences that are deemed indispensably necessary to civilized life, even in its humblest condition. Still they ask not private charity, nor do they solicit appropriations from the public treasury, but they do invoke the interposition of State legislation, so far as to extend to them the benefits of an organized township government, and of such opened and constructed highways as will afford them access to mills, merchants, mechanics and post offices. They are a hardy, industrious, frugal, moral and religious people, of what is denominated the Free Church of Holland, and like the pilgrims of 1620, came to this country to escape the intolerance of their own, and in quest of liberty of conscience, where no alliance exists between the church and the State, and where they may be permitted to worship God in their own way. The Colony now numbers about two thousand souls, and it is believed will be increased annually by many thousands of their countrymen, should they receive the fostering care of our government, and tokens of welcome and encouragement from our people. I recommend the organization of a township which shall embrace ï~~110 MESSAGES OF GOVERNORS OF MICHIGAN the principal purchases made by those colonists. They have now no " government among them, save the restraints of religion and the rules of their church. Roads for their accommodation and use should be opened and wrought, so far as it can be done with the means properly applicable to that object. Their settlement is in the midst of a wide unbroken wilderness, most of which, however, has been purchased by individuals, or selected by the State for the purposes of Internal Improvement. A large amount of highway taxes is assessed upon these non-resident lands and brought into the treasury. Would it not be just to all concerned, to appropriate a portion, at least, of this fund, to the construction of such roads as are deemed essential to the growth and prosperity of this important colony? One, perhaps, from the principal settlement to Grandville, in the county of Kent, another to the mouth of Grand River, in Ottawa county, and a third to some point on the Kalamazoo River, in the county of Allegan. Of the 25,000 acres of Internal Improvement lands appropriated at the last session of the legislature, for the construction of a canal around the rapids of the Grand River, the Supervisors of Kent county have selected 11,798 and 27-100 acres in the same townships and part of the same tract settled upon by the Holland Colony, and embracing nearly all the unsold lands belonging to the State in their immediate vicinity. By this selection, under the law referred to, these lands may be held from sale for three years, of which the Hollanders wish to purchase immediately more than 4,000 acres. I suggest the propriety of so amending the law, as to authorize the sale of the lands so selected, and the holding of the proceeds in lieu of the lands, for the object of the appropriation. Such modification, it is understood, will receive the approbation of the Supervisors of Kent county. For a more detailed exposition of this subject, I refer you to the report of the Commissioner of the State Land Office; in the views expressed by that intelligent officer, I fully concur.. No measure of legislation could be devised, perhaps, that would have a greater tendency to induce emigration to our State than the collection and periodical publication of accurate statistical information of its varied resources and capacities. The false representations of interested persons, made for the purpose of turning the tide' of emigration away from our shores, would be counteracted by such publication, and thousands who now pass by us in search of new homes, would be induced to fix their abodes in our peninsula. ï~~EPAPHRODITUS RANSOM 111 Individual or associated efforts cannot be relied upon, in a community so young as ours, for the accomplishment of this object, but it may be effected through the agency of the township, county and state officers, with little expense to the treasury. I submit whether a statistical bureau might not be established in connection with one of the executive departments, the advantages of which would greatly overbalance any increase of expenditure incident thereto. This subject has an importance in a new country like ours, not known to it in an old one. Here every thing is in a train of advancement; every returring year exhibits the whole country and its business in a new aspect, and with a largely increased population. It is as necessary that statistics should be renewed annually in the Western States, as that they should be collected decennially in the old ones. Were all the facts, affecting the character of Michigan, the fertility of its soil and variety of its productions, the salubrity and mildness of its climate, its facilities for manufacturing, its commercial advantages, its avenues for travel and transportation, the extent and value of its fisheries, the countless wealth of its mines, its forests of pine and other valuable timber, its system of education, the enterprise and intelligence of its people, the simplicity and cheapness of its system of government, the low rate of taxation which will soon be reached-were the details of these various subjects annually promulgated, in authentic form, it cannot be doubted but they would go far to disabuse the public mind, and to bring us accessions of population and wealth. Besides, the annual accumulation of such a mass of statistical matter, would be of invaluable benefit to the State, and to its individual citizens, in many other respects. A joint resolution of the last legislature, approved on the 17th March, 1847, proposed so to amend the constitution as to provide for dividing the State into single districts, for the purpose of representation. This resolution is referred to the legislature now convened, and if approved by two thirds of the members elected to each house, is to be submitted to the people for their approval or rejection, in such manner and at such time as you shall prescribe. Changes of the original law should be cautiously and sparingly made; no alteration of its provisions should be hazarded, unless in some material part they are palpably defective. Yet it would not be wise to close our eyes against the light of experience; if our governmental system, from its practical operation, be found imperfect, sound policy dictates that the proper corrective should be applied. By the 21st clause of the 4th article of the Constitution, 1t is ordained ï~~112 MESSAGES OF GOVERNORS OF MICHIGAN that the legislature shall meet on the first Monday in January in every year. Would not the interests of the people be promoted by so modifying that provision, as to limit the sessions of the legislature to biennial periods? In most new states, and in few, perhaps, more than our own, a strong tendency to excessive legislation has been manifested. Enactments designed to effect local or private objects alone, no wise conducive to the general good; multiplied acts of incorporation, and frequent alterations of the general laws, have occupied much of the time of our legislatures. Their sessions have been greatly protracted and the draft upon the public treasury made proportionally heavier. As the expenses of the legislature constitute a great part of the amount disbursed in support of the State Government, its sessions ought not to be more frequent than is necessary for the adoption of measures and enactment of laws absolutely essential to the general welfare. I respectfully submit whether a session every alternate year would not be all sufficient for those purposes. Biennial sessions would very much diminish the burdens upon the people, and at the same time tend to give greater permanency to our statutes. In several of the younger states, their legislatures convene only once in two years, and in no one of them, I believe, has it ever been proposed to alter their constitution in that regard. I recommend such further modification of the constitution and laws as shall provide for the election by the people, of all county officers, many of whom are now appointed by the executive, and it is worthy of inquiry whether all State officers, also, may not, with advantage to the public interest, be selected by the direct action of the electors. I have hitherto deemed it inexpedient to make high judicial officers elective, but the experiment recently made in another state, has shaken the opinion I had previously entertained upon this subject, and it may not be inappropriate to the occasion, to add, that in a late revision of the constitution of Illinois, biennial, in lieu of annual sessions of their legislature, were provided for, and all officers of every class and grade made elective. While, in concluding this communication, gentlemen, I pledge my cooperation in all the measures you may adopt for the promotion of the public good, allow me to express an earnest hope that your present session may be brought to a close at the earliest period possible, consistently with a full and proper discharge of your duties, and I invoke for each of us, the guidance of Him whose teachings are unerring wisdom. EPAPHRO. RANSOM. ï~~EPAPHRODITUS RANSOM 113 February 28, 1848 From Journal of the Senate, p. 280 TO THE SENATE: I have received the melancholy intelligence of the death of John Quincy Adams, formerly President of the United States. He died in the city of Washington, on the 23d February, instant. Although the mournful event which I am, at this time, called upon to communicate, is not altogether unexpected, yet, its announcement cannot fail to produce the deepest sorrow in the heart of every American. The public life of him whose loss we have to mourn, constitutes an important part of the history of his country. For more than half a century he has been a distinguished actor in its most important affairs, and during that long and eventful period, amidst all the turmoil and excitement of party conflict, in which at various times he was involved, John Quincy Adams ever stood firmly by his country-her cause he never for one moment abandoned. To her interests his whole life was devoted and in her service his latest breath was spent. Truly, a great and good man has fallen. In view of this great-this afflicting-this national bereavement, I respectfully recommend the adoption, by your body of such measures as to you shall seem an appropriate manifestation of the profound sorrow all must feel for the loss of one who has filled so large a space in the hearts of his countrymen. EPAPHRO. RANSOM. ï~~1849 January 1, 1849 From Joint Documents of the Legislature of the State of Michigan, pp. 1-29 FELLOW CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES: Another year has passed away and the period has again arrived when, by our Constitution, the representatives of the people are required to assemble and consult together for the common good. It is made my duty to communicate to you the condition of the State, and to recommend, for your consideration, such matters, as to me shall seem expedient. In entering upon the performance of this duty, I avail myself of the occasion to congratulate you upon the proofs every where exhibited of the great and growing prosperity of our State and country. The blessing of health has characterized the year which is past, and is now almost universally enjoyed throughout the broad extent of our favored land. Our country is at peace with all the world and free from civil discord and strife at home. Abundant harvests have crowned the labors of the husbandman and the industry of the artisan has received its merited reward. A knowledge of science and the useful arts has been, everywhere, rapidly increasing. Social order has been observed and the laws have been respected and obeyed. For these rich and multiplied blessings, we should not forget to render tribute of gratitude to that Being from whose bountiful hand, we receive every good and perfect gift; and in commencing the arduous and responsible duties of another session of the legislature, let us invoke the guidance of our Father which is in Heaven, without whose counsels, all our wisdom is foolishness. Reports of the officers charged with the supervision of the several departments of the state government, will be laid before you without delay. For their recommendations and suggestions, I beg leave to ask your early and careful consideration; and too much credit cannot be awarded to those officers for their zeal and fidelity, with which, one and all, they have applied themselves to the discharge of their public duties. Detailed statements of our financial affairs will be found in the reports of the Auditor General and State Treasurer. The balance in the treasury on the 30th November 1847 was........................................... $62,304.45 The aggregate receipts of the past fiscal year. amounted to........................................ 360,868.57 ï~~EPAPHRODITUS RANSOM 115 Making the whole available means for the year............ $423,173.02 The disbursements for the same period have been...........371,491.47 Leaving a balance charged to the Treasurer of.............$51,681.55 To which add for warrants on the general fund, outstanding and unpaid,.............................. 1,055.43 and the actual cash balance in the treasury, Nov. 30, 1848, will be shown.......................... 52,736.98 The expenditures from the general fund have been the following: For the Executive department and State offices,.......... 11,646.37 Fdi the Judiciary department including the Attorney General and Reporter of the Supreme Court,.............................................. 9,010.00 For the State Prison,.................................. 7,196.74 the Contingent fund,............................... 569.70 paid to counties, delinquent taxes collected,.......... 16,720.24 " expenses of tax sales,............................... 16,036,54 redemption moneys refunded to purchasers,........... 15,386.82 " interest and exchange on general fund and penitentiary bonds,................................. 5,936.88 taxes, interest and charges refunded on sales cancelled.......................................... 2,391.36 " State tax lands purchased, redeemed, sales cancelled, &c.,..................................... 2,106.34 surplus refunded to owners of lands sold for taxes of 1838...................................... 109.01 " State library,...................................... 898.89 apprehension of fugitives from justice,................ 258.84 inquest upon and burial of strangers,................. 161.94 " bounties on wolves,................................ 556.50 " district canvass,.................................... 287.78 paid messengers for bringing electoral vote,.....:.... 404.20 " removal of state offices from Detroit................. 1,393.89 i expenses of Board of State Auditors,................. 128.30 raising Volunteer Regiment for the U. S. service in the Mexican war,......................... 10,467.30 " wood for the legislature and public offices,............ 372.23 " miscellaneous small items,.......................... 146.65 Making the whole amount drawn from the general and contingent funds during the fiscal year,......156,521.39 ï~~116 MESSAGES OF GOVERNORS OF MICHIGAN The following payments have been made on account of Improvement fund: Land warrants issued on appropriations of the last legislature, received at the treasury,.............. Similar warrants issued on former appropriations,........ Outstanding Internal Improvement warrants paid in and cancelled.................................... Interest on Internal Improvement warrants paid in,...... Five million loan and interest bonds paid in by Southern Rail Road Oompany........................ Interest on outstanding five million loan and interest bonds including exchange..................... Interest on Detroit and Pontiac Rail Road stock,........ i on Palmyra and Jackson Rail Road stock,...... Treasury notes (State scrip,) cancelled,................. Interest on last item.................................. the Internal $21,053.93 4,541.30 59,380.53 20,234.42 19,608.00 22,623.51 90.00 1,050.00 539.00 86.09 Amounting to..................................... $149,206.78 Payments from the State Building fund for the same period have been................................ 8,038.22 From the Primary School Interest fund...................32,605.20 And from the University Interest fund...................25,119.88 It will be observed that a very large proportion of the receipts and expenditures of the State Treasury, as here stated, is made up of moneys received on account of non-resident taxes and tax land sales, and reimbursed to counties and to individuals; forming no part of the regular revenue or proper current expenditures of the State government. Of like character are the land warrants issued under appropriations of the last and1previous sessions of the legislature; and no inconsiderable expenditure of the two past years has consisted in the expenses paid for raising the Regiment of Volunteers to serve in the war with Mexico. Estimates, have been made by the Auditor General, exhibiting the sources and' probable amount of our proper annual revenue, and the present annual demand upon the treasury for current expenses and for accruing interest on state indebtedness. Our income is derived from: The annual state tax of two and a half mills upon the dollar, assuming the aggregate valuation of taxable property in the state to be $30,000,000.00........................................ $75,000.00 Annual tax under the Act of 1843, providing for the liquidation of the public debt, &c.,..................17,998.75 Annual tax under an Act passed in 1848 for similar purposes..................................... 24,100.00 ï~~EPAPHRODITUS RANSOM Office charges upon non-resident taxes &c. paid at the state treasury, and other receipts on account of the sales of tax lands, in all........................ Specific taxes on Rail Roads until 1852 Michigan Central Rail Road............... $11,000.00 Southern Railroad......................... 2,500.00 Erie & Kalamazoo Rail Road.......... 756.75 Detroit & Pontiac Rail Road................ 750.00 Specific taxes on Banks, Brokers, Peddlers &c............ The five per cent, on proceeds of sales of the public lands in Michigan, by the United States,............ Interest upon unpaid installments on sales of the salt spring lands,................................... Interest upon unpaid State Building lands,.............. Making an aggregate of................................ Our necessary annual expenditures for state purposes, including interest on the state debt are estimated: For legislative expenses, including printing and other incidental charges at $4,000, each week, twenty to thirty thousand dollars.................... For Executive and state offices, including salaries, postage and incidental expenses...................... For Judiciary, including Attorney General and Reporter of the Supreme Court,...................... For State Prison (if the present system be adhered 'to,)............................................. For miscellaneous objects, as wolf bounties, District canvasses, reclaiming fugitives from justice &c.,............................................ For interest on adjusted State debt deducting amount due from Southern Rail Road Company,........ For exchange and commission on interest payable in N ew Y ork....................................... For interest accruing annually on the part paid internal improvement bonds until funded,............. For interest due the university fund and annually increasing.......................................... For interest due the Primary school fund which also will increase from year to year,.................. 117 $11,500.00 $15,006.75 3,500.00 2,000.00 963.39 1,121.47 $150,923.36 30,000.00 11,000.00 10,000.00 5,500.0 2,500.00 28,560.00 1,440.00 65,643.97 5,500.00 11,100.00 All amounting to the sum of............................$171,243.97 The $65,643.97 interest on our part paid bonds is the yearly interest upon the principal, alone. The interest has been accruing at that rate ï~~118 MESSAGES OF GOVERNORS OF MICHIGAN however, since 1841, which, when the old bonds are surrendered and new ones issued under the act of 1848, will also bear interest, largely increasing the yearly amount of interest on that portion of the public debt. If funded, between the first days of January, 1849 and 1850, the amount of bonds to be issued would be $1,722,198.20, on which the annual interest would be $103,331.89. The amount to be funded will of course, go on increasing, at the rate of $65,643.97 (the interest upon the principal) annually until the old bonds are returned to the treasury. The most important source of revenue, on which we have to rely, is the state tax of 21/ mills upon the dollar of all the valued taxable property. And this is essentially affected from year to year, by the undervaluations, inequalities and fluctuations, that result from the present mode of valuing property for the purposes of taxation. The aggregate valuation of all the taxable property in the state, as finally determined by the boards of Supervisors in the several counties, has ranged below thirty millions of dollars, since 1841 and has remained nearly stationary during that period. From 1838 to 1841, the amount declined from about forty-three millions to $34,600,000.00. Instead of $29,908,769.25, the amount at which all the property in the state, subject to taxation, was valued in 1848, it ought to have been, at least $100,000,000, and even that amount would have been far below its ordinary market or cash value. If a just apportionment of the State tax amongst the several counties, Were attainable, under the existing system, the amount on which it was apportioned, would be wholly unimportant, so far as the revenue to the treasury is concerned, but to raise a given amount of money, upon a low valuation, instead of a higher one, the nominal rate of taxation must be proportionately increased, which appears to make taxation itself, actually higher in the one case than in the other. A new state, especially, should avoid if possible a reputation for excessive or high taxation; its effect is injurious both at home and abroad. Great inconveniences result also from the fluctuations, from year to year, in the amount of our valuation, but a still greater evil is found in the inequality which prevails in the valuations of the different counties, relatively to each other. Taking the population of 1845 as a basis and upon that computing the average yearly amount of state tax raised for each individual, upon an average of the valuation of the several counties, for the three past years, and it is found that the amount ranges in the different counties from seventy-eight to fourteen and a half cents.-Scarcely any two of the counties paying the same quota of the state tax in proportion to their population. Were some mode provided for apportioning the state taxes amongst the several counties equally and justly in proportion to ï~~EPAPHRODITUS RANSOM 119 their property and population respectively, these evils would no longer exist. I submit whether the Auditor General, State Treasurer and Commissioner of the State Land Office, may not be constituted a Board for such purpose; or a legislative committee might be raised, or a board to consist of three or more might be created for the performance of this duty. Or if deemed expedient, such board might consist of one supervisor from each county, to be chosen by their respective boards. Such apportionment should be made at least once in five years and immediately following the enumerations of the inhabitants taken under the authority of Congress and of this State. The debt of the state now outstanding and unpaid is made up: 1. Of arrears of current expenses, arrears of interest, special deposits and miscellaneous items, amounting in the whole to.................. $85,115.57 which is now due and should be paid when demanded, 2. Indebtedness funded and fundable, Palmyra and Jackson Rail Road stock due Nov. 18421.................................. 10,000.00 Interest bonds for interest from July 1841 to July 1845, on full paid five million loan bonds, due January, 1850....................................... 50,979.20 General fund bonds due May 1856....................... 100,000.00 Detroit and Pontiac Rail Road stock due July 1858,...... 100,000.00 Penitentiary bonds due January 1859,....................20,000.00 Penitentiary bonds due January 1860.....................40,000.00 Full paid five million loan bonds due January 18631............................................... 249,000.00 Part paid do. fundable, including interest to January, 1849, due Jan. 1863,............................ 1,656,554.23 Internal improvement warrant bonds issued up to Dec. 1848, due Jan. 1870.............................. 118,200.00 Internal improvement warrant bonds issuable estimated at....................171,800.00 Making............................................$2,516,533.43 3. Loans from trust funds: Due Primary School fund............................... 157,331.34 university fund................................... 90.958.71. Amounting to..................................... $248,290.05 Making the total aggregate of our State indebtedness,................................................02,849.939.05 ï~~120 MESSAGES OF GOVERNORS OF MICHIGAN To meet which the state has available resources (exclusive of the annual revenue derivable from the state tax, specific taxes, and other sources) amounting to........................................ $889,228.87 Leaving an actual state debt of...................... $1,960,710.18 A due regard for the interest and character of the state, as well as justice to her creditors, requires that provision be made, at least for the payment of the interest accruing annually, upon the whole amount of our public debt, but in my judgment we ought to go farther, and create a sinking fund to some amount even though it be small, for the ultimate absorption and extinguishment of the principal itself. The payment of interest alone will never relieve us from indebtedness; common prudence, therefore, dictates that we should provide for paying the principal debt as soon and as rapidly as our pecuniary resources will permit. A portion of the debt is already due and the remaining part of it will all have matured by January 1870. Its aggregate amount we have seen, is about two millions of dollars, and were we to pay it in equal annual installments, during the period intervening this and the year last mentioned, each yearly payment would be something less than one hundred thousand dollars. But it is not deemed necessary, nor would it be judicious to raise at once a surplus of that amount, as direct taxation is the only source to which we can resort for that purpose. A much less sum annually applied to the reduction of the principal, would sink a debt of $2,000,000, in twenty-one years, the time which the last of ours has to run. The Auditor General has made a calculation which will be submitted to you, showing that a sinking fund of $50,000, would extinguish a debt of the amount of ours, within that period, and that such a fund of $30,000, with such annual accretion as would naturally accrue from the increase of our population, estimated at only four per cent would absorb nearly the same amount in that time. But instead of a prospective increase of population of only four per Bent each year, we may confidently expect an increase of not less than six per cent. From 1840 to 1845 our population increased through the whole period, at the rate of eight per cent per annum, and were we now to impose a tax of an aggregate amount sufficient to meet all our current liabilities, including interest on our whole debt, and provide a moderate surplus, applicable to the principal, still it would be found that our rate of taxation for state purposes would fall far below that of many of the other states. In New York, Pennsylvania, Ohio, Indiana, and it is believed in Illinois, the taxes for state purposes are much higher in proportion to their population and property. than would be required in our own state, to ï~~EPAPHRODITUS RANSOM 121 meet the objects proposed, and in several of them nearly or quite as high again. Taxes in Michigan for state and county purposes together, have never exceeded in one year, seventy cents for each person in this state, while in some of those enumerated they have been about double that amount. Whatever rate of taxation may be adopted, its aggregate revenue will steadily increase from the additions to our population and property, and as our current expenses need not, and it is hoped will not increase in any considerable degree, any accretion of revenue, from whatever source, will help to swell the amount of the sinking fund. Besides our income for specific taxes will for some years, be gradually augmenting, and after 1851, will be very largely increased. After February of that year, the annual tax upon the Central and Southern Rail Road Companies, will by their charters be increased from one-half to three-fourths of one per cent to be computed upon the amount of capital stock paid in, purchase money for their respective roads, and on all loans contracted for construction or other purposes pertaining to the roads. It is supposed the Central Rail Road Co., by January 1852, will have invested in their road a capital of six millions of dollars, and if the Southern Rail Road Co. expend upon theirs, a proportionate amount, the annual revenue derivable therefrom, with what may be received from the Erie and Kalamazoo and Detroit and Pontiac Rail Road. Companies, may be safely estimated at fifty thousand dollars, a sum sufficient to meet all necessary ordinary expenses of the state government, leaving the whole amount of the state tax to be applied to the payment of the public debt. Our existing system of taxation and finance is fully considered in all its bearings, in the report of the Auditor General, and to the practical and enlightened views of that officer, in which I fully concur, your earnest attention is invited. The report of the Commissioner of the State Land Office, exhibits fully and satisfactorily the present condition of his department and its transactions during the past year. The amount received on account of sales of the public lands during the year, appear to be for: Primary School Lands:................................. $54,799.03 University Lands....................................... 22,416.16 State Building Lands................................... 2,890.07 Internal Improvement and asset lands..................... 26,115.98 Salt Spring Lands..................................... 3,818.05 $110,039.29 Of the Primary School Lands there have been sold prior to the first Dec. 1848, 111,126 1-100 acres, more than one-fourth of which, have been sold during the last two years. ï~~122 MESSAGES OF GOVERNORS OF MICHIGAN Sales of building lots at the capital, on account of the school fund, have amounted the past year to $9,660.00. The sales of the school lands have steadily increased from year to year, and at their present minimum price, we may safely anticipate an early disposal of all that remain unsold. The lots belonging to the state in the village of Lansing were by an act of the last legislature, added to the state building lands. These lots have been appraised at $14,312.00, and sales have already been made of them to the amount of $8,118.00; and the whole amount of sales of lots at Lansing since the seat of government was there established, on account of both State Building and Primary School lands is $36,011.00. Of the 492,504 47-100 acres of land selected under the grant of half a million acres made by Congress to the state of Michigan, for purposes of internal improvement, 277,616 96-100 acres have been sold and the balance was, at and prior to the last session of the legislature, appropriated for the construction of canals, improvement of rivers, building bridges and making roads in various sections of the state. Of the remaining 7,495 59-100 acres of the grant, 5,920 43-100 acres were by direction of the Executive in 1847 selected in the Upper Peninsula, and 1,575 16-100 acres remain unselected. To the selections made in the mineral region of Lake Superior, the Secretary of the Treasury refused his approval. At my request one of our delegation in Congress, last winter, conferred with that functionary upon the subject, and sought his assent to these selections, but the effort was unsuccessful. The question now arises whether the interests of the state will be best promoted by relinquishing those lands and selecting others in their stead, or by persisting in our right under the grant, to those already located. I directed the attention of the legislature to this subject in my last annual message, but no action was had upon it. It is now submitted for your consideration. Various improvements have been made and undertaken by the Commissioner, under the direction of the Auditor General, in opening and improving streets, clearing and fencing public grounds, etc., in the village of Lansing. These improvements were obviously judicious, and calculated essentially to enhance the value and accelerate the sale of the public property. Under an act of the last legislature, suitable sites for churches have been selected and set apart for the use of the various denominations of professing Christians: one for Methodists, one for Congregationalists, one for Baptists, one for Freewill Baptists, and one for the Universalists. Pursuant to the same act, a lot has been selected as a site for a district school house and dedicated to that use. ï~~EPAPHRODITUS RANSOM 123 An act was passed at the last session to establish an Asylum for the Deaf and Dumb and the Blind, and also an Asylum for the Insane of the State of Michigan, and eight sections of the salt spring lands were appropriated for the erection of buildings for the use of those several institutions, the lands to be selected by the trustees to be appointed by the Executive for the government of the asylums. The lands could not be made available for the erection of the buildings, as contemplated by the act, and there being no other funds applicable to that object, and none appropriated other than the lands to pay for the services or expenses of the trustees, I deemed it expedient to defer their appointment. And I recommend that the law be so amended as to authorize the Commissioner of the State Land Office, or an agent to be appointed for the purpose, to select the land thus appropriated, and that nothing further be done under the act until the land can be sold, or funds drawn from some other source, to enable the trustees when appointed, to carry out the humane and important object of the trust. I cannot dismiss this subject without reiterating the recommendation, communicated in a special message to the last legislature, that provisions should be made for the establishment of these benevolent institutions at the earliest period practicable, and that suitable grounds be selected and set apart for their use. The laws by which our Common Schools are regulated, it is believed require no change. None perhaps could be devised which would more effectually secure the great object in view, than those now in force. The report of the Superintendent of Public Instruction, in which most of the important and interesting topics connected with our educational system are fully discussed, will be laid before you in due time. No subject should more earnestly engage your attention than that of common school education. The number of children reported between the ages of four and eighteen years, is 117,952, being 9,822 more than have been returned in any previous year. The whole number that have attended common schools during the year is 98,044, nine thousand nine hundred and sixty-four more than attended last year. The amount of the Primary School Interest fund apportioned among the several counties and townships of the State for the past year, was $32,605.20, thirty cents to each child reported between the ages of four and eighteen years. The amount of the mill tax for township libraries, and the support of schools was $15,020.44, which is more than double the amount heretofore raised for that purpose in any one year. The amount of money raised by vote of the people for the support ï~~124 MESSAGES OF GOVERNORS OF MICHIGAN of schools at the last annual township meetings was $11,346.11, nearly three times the amount hitherto raised for such purposes. The amount of money actually distributed among the several counties and townships of the State for the support of schools during the past year, from the three sources mentioned, was $11,970.14 more than for any preceding year. Transmitted herewith is the report of the Adjutant and Quartermaster General, from which you may learn the present numerical strength of the enrolled militia. The State comprises nine military divisions in which there are sixty thousand men enrolled and liable to do military duty. During the past year we have received from the general government seventeen pieces of field artillery, all six pound brass guns, accompanied with carriages and other equipments complete, and valued at $12,000, making an aggregate amount of ordnance stores, arms and accoutrements now belonging to the State and in charge of the proper officer, of $43,101.10. The ordnance, not issued to artillery companies is now in store in a warehouse, upon one of the wharves in the city of Detroit, and of course imminently exposed to destuction or injury by fire. The importance of providing for the safe custody of this valuable property is strongly urged by the Adj't and Quartermaster General, and will be apparent to you. The recommendations of that experienced and energetic officer upon this and other subjects are commended to your favorable consideration. The number of convicts in the State Prison on the 30th of November, 1847, was one hundred and nineteen; during the last fiscal year, terminating November 30, 1848, forty-nine were received, twenty-one discharged by expiration of sentence, fifteen were pardoned, and four escaped, leaving on the day last mentioned, one hundred and twentyeight in prison. The whole amount expended on account of the State Prison the past year is.........................$17,350.23 Of which there was drawn from the treasury.. $7,196.74 -Balance unexpended Nov. 30, 1847...............368.61 Received from Contractors for labor of convicts 8,934.58 Received for support of convicts of the United States.................................. 392.60 Received of convicts on deposit................56.29 " " Visitors......................... 239.91 Total Receipts.......................... $17,455.18 Leaving a balance on hand at the close of the year of..................................... $$104.95 The pecuniary results of our penitentiary system have not been as ï~~EPAPHRODITUS RANSOM 126 favorable as could have been desired. The erection of the prison buildings was commenced in 1838. The whole amount of money appropriated and drawn from the treasury since that period on account of the prison is $215,765.74. A large proportion of this sum has been expended upon the buildings. It will be found however, that an amount ranging from five to ten thousand dollars annually has been drawn from the treasury to meet the ordinary current expenses of the prison, in addition to all its receipts for convict labor. Under an act of the legislature of 1842, re-enacted with some modifications by the revised Statutes of 1846, the labor of the convicts has been principally contracted to individuals for a term of years, at a specified price per day. Ninety-five convicts have been employed by contractors, during the past year at prices from fifteen to forty cents a day, the average being a fraction over thirty-one cents for each day's labor, and it is believed the prices have been even below those now paid much of the time since the adoption of the present system. The agent in his report estimates the labor of such convicts as are in the service of the State, employed upon the prison buildings, in the tailor's shop, kitchen, in cutting stone, &c., at twenty-five to seventyfive cents per day, averaging something more than forty-eight cents; and that estimate, I think is not a high one indeed it would seem that the contractors who employ these men at the price stated, must realize a clear profit of at least fifty to one hundred per cent upon their labor. This institution has thus far been a drain upon the treasury, and if it be true that under the existing system others are receiving profits that ought to accrue to the treasury that system should be abandoned, and some other better suited to the interests of the state substituted, so soon as that can be done without violating the rights of present contractors. It is believed by those most conversant with the subject that after the centre or main building shall be completed, the proceeds of the prison labor will fully equal all the necessary expenses of the institution provided its affairs be administered with a due regard to economy and prudence. Such is the expressed opinion of the efficient agent now in charge. This opinion is strongly fortified by results in similar institutions in other states. The average expense of the subsistence of coivicts exclusive of officers' salaries, in twenty-one states, the prison reports from which I have examined, is twelve cents and three mills per day each, while their gross earnings have in most cases, at least quadrupled that amount. The prisons at Auburn and Sing Sing when left to carry on such branches of business as were found the most productive, supported themselves without expense to the state. Since certain profitable kinds of ï~~126 MESSAGES OF GOVERNORS OF MICHIGAN industry have been prohibited they have drawn heavily upon the public treasury for support, until within a few years. Their financial condition has more recently improved. The convict labor has very nearly equalled all expenses, and at Auburn a surplus had accumulated at the close of the year 1846. In both these institutions, the contract system has been adopted and is still adhered to. In Maine, New Hampshire, Massachusetts, Connecticut, Maryland, Ohio, Tennessee, Mississippi, Georgia, and Louisiana, their penitentiaries are self-supporting institutions, and some of them yield a pretty large revenue to their states. In 1846 the earnings of the Connecticut state prison exceeded all its expenses by the sum of $7,029.90. The New Jersey prison for the same year, produced a net income of $5,525.66. In Ohio the receipts of the state prison during the same year amounted to $17,459.39, beyond all its expenditures. In 1845 the net earnings of the state prison in Georgia were $8,987.83. Tennessee during the years 1844 and 1845, derived a clear profit from her state prison of $18,239.70 and during the latter year the earnings of the convicts in Louisiana besides the cost of materials were $47,194.64. The average amount earned by each convict was at the rate of $243.27 per annum. The reports from these institutions for the years subsequent to those mentioned I have not seen. In these states the prison labor is employed in such branches of mechanical business as proves most profitable, and in all except Louisiana for the state alone. In Louisiana the entire prison buildings and convicts is under a lease of five years to a Company, and the whole force is employed in the manufacture of cotton and woolen goods, bagging, rope, &c. In Georgia, tanning leather seems to be the principal business of their state prison. Upon you devolves the duty of endeavoring to devise means which will speedily add the penitentiary of Michigan to the list of self-supporting prisons, and thus relieve the treasury from the drafts hitherto made upon it for its support. The existing laws provide for the appointment of six special messengers to receive and carry from the several counties to the Secretary of State, copies. of the statement of votes given for Electors of President and Vice President. Provision is also made for sending like copies by mail, severally to the Governor and Secretary of State. These messengers are allowed a compensation not exceeding twenty cents a mile for traveling to the office of the Secretary of State. The aggregate amount of compensation allowed to messengers for bringing the statements of votes given at a recent election, exceeded four hundred dollars. The copies dispatched by mail, reached their destination with as much certainty as those borne by the messengers, and in much less time. I think the appointment of such messengers a useless expense to the ï~~EPAPHRODITUS RANSOM 127 Treasury, and recommend such a modification of the law as shall render it unnecessary hereafter. No compensation is provided by law, for the Electors of President and Vice President. This omission should be supplied. The Electors last chosen, and who recently convened at the Capitol for the performance of the duty assigned them, were, by my direction, paid from the contingent fund, at the same rate of compensation, provided for members of legislature. Having during the last recess of the legislature, been officially notified by the President of the Senate of the United States, that Lewis Cass, one of the Senators elected to represent this State in Congress had, on the 29th day of May, 1848, resigned his seat in the Senate, I immediately proceeded in accordance with the Constitution and laws, to fill the vacancy occasioned by such resignation, by appointing Thomas Fitzgerald to perform the duties of such Senator until another should be elected in his place. That duty now devolves on you which by the existing law, should be performed within ten days. By a joint resolution approved March 27, 1848, an amendment to the Constitution was proposed, so as to provide for the election by the people, of Judges of the Supreme Court, the State officers and Prosecuting attorneys. By the provisions of the first section of the 13th article of the constitution, this resolution is referred to the present legislature, and if agreed to, by two-thirds of all the members elected to each house, it will be your duty to submit the proposed amendment to the people, for. their approval and ratification, in such manner and at such time as you shall think proper to prescribe. I adhere to the, opinions expressed in my last annual message that all officers should be elected, and that the public interest would be promoted, by limiting the sessions of the legislature to biennial periods. But it may be questionable, whether it is expedient, at this time to, propose further amendments to the organic law. It is believed by many whose opinions are entitled to great respect, that provision should be made, even now, for calling a Convention to revise the fundamental law of our state. There can be little doubt but the time is near at hand when a Convention for that purpose will be demanded by a large majority. of the people, and I confidently believe, that with the aid afforded by the Constitutions, formed and reformed, in other states, during the.last ten years, a Convention might so remodel our own, as to save to the state the whole expense of such Convention in a single year, by a curtailment of legislation and the expenses incident thereto. Should you participate in this belief, you would probably deem it inexpedient to take further steps with a view to partial amendments of the existing Constitution. No other of the provisions of our constitution, perhaps, are so far ï~~128 MESSAGES OF GOVERNORS OF MICHIGAN behind the improvements of the day, as those which create and regulate the legislative department. Of the acts passed by the last legislature, more than eighty were for the incorporation of plank road, mining and other companies. Many others related to the organization and alteration of towns, and to the laying out and constructing roads and bridges, all of which, with much other legislation of the last session, under a proper constitution, would have been provided for by general laws, and the great expense of legislating for each particular object entirely saved to the State. Excessive and hasty legislation are the most serious evils we have felt under our present system, and those which call most loudly for correction. Our legislature from the organization of the State government to the present year has been in session, an average term of something more than ninety days, in each year, at an annual expense of about $51,500, making an aggregate sum of about $670,000, which has been paid by the people for legislation in thirteen years, much of which has been entirely unnecessary and useless, no small proportion of it positively detrimental to the public, and a very large share of it of a purely local and private character, in which the people at large had no interest whatever..The evil of excessive legislation has not, however, been peculiar to Michigan; most of our sister states, the younger ones especially, have felt its pressure, and many of them have sought to provide against it by amendment or revision of their constitutions. It will be found, I think, that in every state constitution formed or revised since 1844, except in that of Wisconsin, sessions of the legislature have either been limited to biennial periods, the length of sessions restricted to a fixed number of days, or the pay of members reduced or wholly taken away after a limited time. Tle State of Louisiana with a population greatly exceeding our own, with her great commercial emporium and widely extended marine interests to care and legislate for, has determined that not more than thirty days in each year, is requisite for that purpose. The new constitution of that State, formed in 1845, provides for biennial sessions of the legislature, and that no session shall continue more than sixty days. Sessions of the legislature of thirteen of the states are holden only once in two years and in several of those, the length of the session is limited also, to comparatively short periods, and I am not aware, that any complaint has been heard from the people of any of them, that they have not had legislation enough. The state of New York with a population more than eight times as large as that of Michigan, with her almost unlimited commercial interest, and with her stupendous systems of education, of internal improve ï~~A \ I 1 III. -.t EPAPHRODITUS RANSOM 129 ment, of banking and of finance to legislate for, has in effect limited the sessions of her legislature to one hundred days. A practice which is for many reasons, highly objectionable, has obtained our legislature, of deferring much of the important business to the last few days of the session. Little business has been done usually the early part of the session, and when bills have been matured for their final passage, those of most general interest and importance, have, not unfrequently, been arrested in their progress, lain and kept upon "the table," until near the close of the session, then put upon their passage, and presented to the executive en masse, scarcely affording him sufficient time to read, much less to carefully examine and consider them. I cannot doubt but this has been too often effected by interested individuals with the design to help through local and private measures, which standing alone, dependent on their own merits, could not obtain the sanction of a majority of members. At the last session of our legislature, three hundred and forty-seven acts and joint resolutions were passed and approved; nearly double the number passed at any previous session. Of these, one hundred and thirty-four were presented to me for approval on the last day of the session. With a view, obviously to prevent the evils of such a practice, a provision was adopted in the new constitution of Louisiana, before alluded to, that all acts passed after fifty days of any session should be absolutely void. I am aware of no subject of general interest, which should long occupy your attention at the present session. No important alterations in the general laws are called for, so far as I know, and none should be made unless essential. to the public welfare. We have no longer a ponderous system of internal improvements to superintend and provide for, and little further legislation is necessary in relation to our public debt, and I see nothing to prevent an early termination of the present session. I am clearly of opinion that a session of one-third the usual length would afford ample time for the performance of every duty for which we came together. Should the business of this legislature be accomplished and its session finally adjourned within the period mentioned instead of being protracted to the more usual length, you will have faithfully discharged the trust confided to you, and will have saved more than thirty thousand dollars to the public treasury. I have received, from several of the states, resolutions adopted by their respective legislatures, relative to the acquisition and control of foreign territory by the United States, and the power of Congress to exclude slavery from such territory. To these resolutions your attention is respectfully invited. They are herewith transmitted. ï~~130 MESSAGES OF GOVERNORS OF MICHIGAN The subject of slavery as it exists in this country is one full of interest and importance. If we may apprehend danger to the permanency of our glorious and beloved Union, from any source, we may look for its approach through the difficulties that surround this momentous and exciting question. That human slavery is politically, socially and morally wrong, no right minded man will question. That its existence is detrimental to the prosperity and happiness of any people, is, in my judgment, equally certain. A comparative view of the progress in the acquisition of wealth, in the diffusion of knowledge, and in the arts of civilization, in the slave and non-slaveholding states of this Union, clearly demonstrate that such is the fact. The introduction of slavery into the American colonies under the authority of the English government, was long and strenuously resisted by the colonists. The institution of negro slavery and the toleration of the African slave-trade, they charged upon the home government as among the most flagrant abuses inflicted upon their infant settlements.,At a much later day, Thomas Jefferson, whose hand first traced the great and eternal truth that "all men are created equal," denominated slavery a "heavy reproach," and other great and good men, who like Mr. Jefferson, were themselves slaveholders, have, at every period of our country's history, pronounced it an unmixed evil. If then, such be the acknowledged character and tendencies of slavery, should it be suffered to extend a single line into territory now free? The deep and abiding sentiment of my heart-the deliberate and settled conviction of my judgment alike respond, no, never. The territory acquired by the United States in the late treaty with Mexico, is the common property of the nation, and by the Constitution it is.the declared duty of Congress to "make all needful rules and regulations respecting" it. A rule or regulation respecting the territory belonging to the United States, can be adjudged "needful" only by a majority of Congress through the usual forms of legislation. It is from the clause of the Constitution here referred to, that Congress has ever claimed authority to legislate for the territories, acquired since the adoption of that- instrument. Under that provision Congress, created territorial governments for Louisiana and Florida, providing for each its legislative, executive and judicial departments, with governor, judges, &c. If the Congress may rightfully create and establish a government in and over a territory, clothed with the powers of legislation, appoint over it a retinue of officers, executive and judicial, may not the same body, declare, as a "needful rule and regulation respecting" it, that there shall be neither slavery nor involuntary servitude in the said territory? But if it be admitted, that the power to prohibit slavery in the free territory of the Union, is not expressly given to Congress, still it may ï~~EPAPITRODITUS RANSOM 131 be maintained, and I think successfully, that in relation at least to territory acquired by purchase or conquest, such power must and does reside in Congress. That Congress, in behalf of the nation, has the right and authority thus to acquire and to hold territory is not now controverted. The right to acquire and hold it, must necessarily be accompanied with the power of governing it also. The power to govern is the.inevitable result of the sovereignty and dominion acquired by such purchase or conquest. If Congress have the power to govern such territory, it follows as a necessary consequence that they may annex to its occupancy, such conditions and regulations as a majority shall deem expedient. But we are not left to speculation alone for a solution of this question. One of the earliest acts of the first Congress held under the Constitution, in which were many of its framers, was one for the government of the territory north-west of the river Ohio, expressly re-enacting the Ordinance of 1787, and approved by General Washington, then President of the United States, and who, as you know, had been the president of the Convention, which less than two years previously, had formed the Constitution. r From that time to the passage of the act by the present Congress, for the establishment of a territorial government in Oregon, the power in question has been repeatedly exercised. Congress has, during that period, either, expressly or by implication, recognized their power to prohibit the formation of slave states, out of the free territory of the nation in nearly twenty several enactments, to which at different times, the sanction of all the Presidents has been given, excepting the younger President Adams and President Tyler. Our own delegation in both branches of the present Congress have unitedly and uniformly acted in accordance with the view here presented of this subject and in accordance too, I confidently believe, with the feelings and opinions of the great body of the people they represent. At the last session of the legislature a bill having for its object the extension of the charter of the Farmer's and Mechanic's Bank of Michigan was passed by the constitutional majority of both houses and presented for my signature. It was presented to me at a late hour of the night of the last day of the session, and but a few moments prior to the final adjournment. To the passage of that bill I could not yield my assent. As no opportunity was then afforded of assigning the reasons which induced me to withhold my approval from the bill, I trust to state them now, will not be deemed inappropriate to the occasion. The present capital stock of this. Bank is nominally four. huxidred thousand dollars. By the bill passed at the last session the stockholders were required to pay in two hundred thousand dollars additional ï~~132 MESSAGES OF GOVERNORS OF MICHIGAN stock in "specie funds," which I understand to mean the notes of specie paying banks, drafts, certificates of deposit, and all other forms of banking and mercantile paper, which is convertible into money at the place where it is payable. The bill also provided that proof of the payment of the additional capital stock, should be made on oath to the satisfaction of the State Treasurer. In accordance with this bill, the $200,000 additional capital may have been paid in, in such "specie funds," as I have specified, and yet in one month, a week, or a day, every dollar of it have "vanished into thin air." Even specie paying banks may, and often do, suspend payment and their paper become utterly worthless. Brokers and merchants and others who make and endorse notes, draw bills, checks and other like "specie funds" sometimes fail to redeem such "funds" with actual money, and the loss of their amount falls upon the unfortunate holder. But suppose the $200,000, were all paid in gold and silver, the stockholders, making such payment could in one hour after the coin were deposited with the officers of the bank, and they had made and dispatched to the state treasurer their affidavits on oath, in proof of the payment, could withdraw in the shape of loans, every dollar so paid in, leaving in the Bank as security for their issues, thereafter to be made, their own notes. There is nothing in the bill prohibiting the stockholders from so doing. If it be said that the stockholders are upright and honorable men, of high character and great wealth, and consequently would not be guilty of acts so dishonorable, it may be answered that all our experience proves that just such transactions, dishonorable though they certainly are, are of no unfrequent occurrence in the history of banking. But it may be replied that the directors and stockholders are, by the bill made individually liable, for the redemption of the notes of the bank and that such liability continues one year after they shall have ceased to be stockholders. True, but I submit that the individual liability affords no certain security to the holders of bank notes; it at best beat enables them to recover and collect their amount, by the tardy process of the law, if payment be resisted. And then how easy is it for the stockholder to avoid his liability altogether by a transfer of his stock, to some irresponsible man, taking care that the bank is kept in credit for twelve months after such transfer. But in any event, what security is furnished to the poor laborer and mechanic, holding a small note of the bank, of which payment is refused, in his right to go into a foreign state and sue for and recover the amount, of a stockholder? None whatever. The stockholders are rarely resorted to for the collection of small amounts; the poor note holder sells their broken promises-to-pay, to the first broker, for what they will bring. On the payment of the new capital stock the bank was authorized to ï~~EPAPHRODITUS RANSOM 188 incur indebtedness equal to one and a half times its amount, making nine hundred thousand dollars. It is true the bill did not allow them to issue in ordinary bank-notes an amount which should exceed their capital stock, six hundred thousand dollars. But this limitation could have little or no restraint upon their operations, as they would rarely and perhaps never, be able to get into circulation, even that amount of their own notes. Still their amount of indebtedness in drafts and other "facilities" might be carried to any figure not exceeding the nine hundred thousand dollars. The bill also provided that the notes issued by the Bank should have preference over all debts whatsoever, upon all its assets and property, and this it is assumed, afforded security to the bill-holders. But did it so? How easy is it for those in control of a banking institution to allow favored creditors, to take possession of its available assets and place them entirely beyond the reach of its bill holders? That this may be done with facility and impunity too, the astute financiering of modern bankers furnishes proofs innumerable; indeed we are not without at least one illustrious example of this felicitous process in our own state. By another provision of the bill, it was made the duty of the State Treasurer to countersign and register all the bills to be issued by the bank, and it was prohibited from issuing any not thus countersigned and registered. The object of this provision is not perceived, unless it were to prevent the putting in circulation an amount of bills, exceeding the six hundred thousand dollars, capital stock of the bank, of which we have seen, no danger could be apprehended. Had the bill provided for the deposit of money or other available security with the treasurer, or other officer of the state, for the redemption of their issues, the object of such countersigning would have been apparent. But in the absence of such provision, would not its effect have been to mislead the public, by inducing the belief that the Treasurer held securities for their issues, as is done by the comptroller of the state of New York, under the general banking law of that state? However this might have been, certain it is, that the mere countersigning the bills by the Treasurer could afford no security whatever that they would be redeemed. The original capital stock of the bank was assumed by the bill to have been four hundred thousand dollars. Nominally it was so, but what was its actual amount for the effective purposes of legitimate banking? By an act of the legislature approved April 9, 1846, the Auditor General was required to investigate and fully examine into the affairs and condition of the Farmer's and Mechanic's Bank, with a view to ascertain the value of its capital stock. And for that purpose access was given him to the books and papers of the bank, and he was authorized to examine on oath, its officers or directors, or any other persons. ï~~134 MESSAGES OF GOVERNORS OF MICHIGAN The value of the stock so ascertained was made the basis of assessing and collecting a specific state tax of half of one per cent thereon, deducting therefrom the value of all real estate actually owned by the bank. A subsequent section of the same act provided that if the capital stock of the bank, should, at any time thereafter be increased, such increased capital should be subject to the same taxation. And it was made the duty of the cashier of the bank to furnish to the state' treasurer a statement, verified by affidavit of any such increased amount, within thirty days after the same should be paid in. The then Auditor General, D. V. Bell, made the necessary investigation and as required by the act, gave the following notice to the state treasurer as the result of his examination. "Agreeably to the provisions of the Act to provide for the assessment and collection of a specific state tax, from the Farmer's and Mechanic's Bank of Michigan, approved April 9, 1846, I state that I have estimated the present value of the capital stock of the said Bank, as per statement and estimates of record therein, submitted to me under oath of the cashier thereof at the sum of $292,496. From which is to be deducted. the value of the real estate, actually owned by said bank included in said valuation of capital stock and liable to taxation for state, county, township and other purposes, $215,942.12. Leaving as the true amount of capital stock liable to be assessed as such, under the act, $76,553.88. It appears from documents accompanying this statement of the Auditor General that his estimate of the value of the real estate of the bank, was based upon the affidavit of the cashier, aid a valuation made by a committee in behalf of the stockholders, in which they say: "In this examination and valuation they have endeavored to put a value upon every of the assets of the bank at a cash basis, and although a considerable portion will require time to realize, they feel entire confidence, it will meet their expectations." It was not claimed that the capital stock had been increased subsequent to the time when the estimate of the Auditor General was made. The cashier of the bank, in a letter dated so late as Oct. 24, 1848, in answer to an enquiry of the state treasurer, upon that subject, said: "The capital remains the same as when I paid you last and will not be increased, without an extension of charter of course." The last section of the bill reserves to the legislature the right at any time, to alter, amend or repeal the act should it have become a law. This provision was a wise and proper one, but afforded no protection whatever to the public against losses, by the failure of the bank to meet its liabilities. All the mischief which could have ensued under the bill, may have happened before the legislature could interpose its action. It appears, I think, conclusively from this review of the provisions of this bill, in connection with the facts stated, showing the actual condition -and value of the capital stock of the bank to have been rechar ï~~EPAPHRODITUS RANSOM " 135 tered by it, that this bank would have been authorized to put into circulation its bills to the amount of six hundred thousand dollars and to incur general liabilities to an aggregate amount of nearly one million of dollars, and the whole of this ponderous indebtedness, resting upon an available capital of only.$276,553.88. The $215,942.12 in real estate, I regard as of little importance, so far as it was to be relied upon as a capital. Experience having long since demonstrated that real estate can, under no circumstances, be made available for the purposes of banking. It cannot be insisted that this bill provided adequate security for the redemption of the notes, which under its provisions, the bank was authorized to issue. I could not yield it my sanction. To have done so, I should have regarded as a palpable violation of my duty-as a betrayal of the trust confided to me by the people, which I could neither have justified nor excused. The general subject of banking is one to which it is not improbable your attention may be called during the present session, and I will therefore in this connection state briefly my views in relation to it. I have long entertained the opinion, and still do, that no system of banking whatever, is essential to the prosperity and wealth of any country, whether its people be engaged principally in agricultural pursuits, or in the business of manufacturing. Large mercantile and commercial transactions will of course be carried on in paper, and if no banks or other corporations were authorized to issue it, bills or drafts or other forms of private paper would be used for the purposes of remittance and exchange. But if there were no banks, the ordinary channels of circulation would be filled with gold and silver coin, and with such currency, the labor and produce of the country would be paid for, which would entirely prevent those fluctuations in prices, so destructive of the interests of the industrious classes, resulting from the contractions and expansions incident to a bank paper circulation. If there were no banks in existence in our country, and the question were now to be settled, whether any should be created, I am clearly of opinion that the happiness and general prosperity of the people ofall classes, would be best promoted by rejecting them altogether. But another and widely different question is presented for our determination.-Banking in some form now exists in most commercial countries; and in our own, it has "grown with our growth and strengthened with our strength;" has become so interwoven with every department of our business, that it has come to be regarded by most business men at least as an indispensable auxiliary to them all. The enquiry, then, to be answered is not, now, whether the system shall be introduced, but whether, already existing, it shall be continued. If there were no banks in the State, still our circulating medium, as now, would be bank paper, ï~~136 MESSAGES OF GOVERNORS OF MICHIGAN so long as the surrounding states, with which all our commercial and other business intercourse is carried on, should have banks of issue and a circulation almost exclusively of paper; and by the universal laws of currency and trade the paper of banks of the most questionable character as to solvency, would in that case flow in upon us. If it be said that no man is obliged to receive bank notes as money-that all may reject them, that would be saying what we know to be true, in speaking of men's legal rights, and still there seems a practical necessity for receiving bank paper as money, in the present condition of the business and currency of the country that we cannot avoid; and such necessity would neither be superseded nor essentially modified by the extinction of banks in this State. If on the whole it be deemed most conducive to the interests of our own state that banks upon some principle should be permitted, various questions then present themselves as to the mode of their organization, the guaranties which should be provided to insure a faithful discharge of their obligations to the public, the security to be required for the protection of the bill holders, &c. Every bank chartered or re-chartered, should be compelled to furnish ample and unquestionable security for the redemption of the whole amount of bills they may be authorized to issue and put in circulation as money. All the corporate property, and the directors and stockholders individually, to the amount of their stock at least, should be holden for the general liabilities of the bank. Depositors, purchasers of drafts, and others who deal with banks become their creditors or not, as they choose, and may insist upon such further security as they think proper, but when bank paper constitutes the currency of the country, the holders of bills which are in general circulation as money, can hardly be regarded as voluntary creditors of the bank which issued them. All classes of community, the laborer, small mechanic and farmer, as well as the merchant and miller and other business men, are virtually compelled to receive them, and their redemption at all times, in coin, at the will of the holder, ought to be secured beyond contingency. How is this to be effected? The most feasible and safe system of bank security now in use, is unquestionably, the depositing of stocks with some officer of the State. If for instance, a bank be authorized to issue one hundred thousand dollars in bills, let there first be deposited with the State Treasurer that amount of stocks of unquestionable soundness and convertibility, with something beyond, say ten to fifteen per cent to cover any possible deficiency that may result from depreciation of the stocks, and to pay the expenses incident to a sale of the stocks should the bank at any time stop payment of its bills. Let the state officers determine whether the stocks offered are such as are likely at all times to command their amount in money, in the market. All bills for circulation should be countersigned and registered by the ï~~EPAPHRODITUS RANSOM 137 State Treasurer, and the amount so to be countersigned restricted to the amount the bank should be authorized to issue.-And if at any time the bank refuse to redeem its bills on presentment, the treasurer should at once sell the stocks on deposit for that purpose and redeem their bills for them. With banks upon such a system their bill holders could, never, or very rarely be subjected to loss or delay, by their frauds or defaults provided the duties of the state officers were faithfully performed. If it be objected to this system that the stocks deposited, might in times of great pecuniary pressure depreciate, it may be answered that stocks perfectly secure and on which the interest is promptly paid, will never probably fall more than one to three per cent below their par value, and ordinarily they will rise considerably above such value. There is always sufficient retired capital, not reached or affected by the fluctuations or revulsions of business, to take off. at once, all secure and interest paying stocks that may be thrown upon the market. If it be objected again that capitalists will not embark in banking upon a system so stringent, it may be replied that those who have actual surplus capital for which they seek investment in the business of banking, will encounter no difficulties in the system proposed. They can at all times purchase the required stocks, and they would suffer no loss from the deposit, as they would receive the interest upon them precisely as though they were locked up in their own vaults. None but such as do possess surplus capital, should be encouraged to embark in banking on any system, because no others can carry on the business successfully and honestly. If we cannot have banks based upon actual solid capital, we surely should have none at all. Should you pass a bill for toe charter or re-charter of any bank, I recommend that before it be permitted to take effect as law, it be referred to the people for their approval or disapproval. The public mind is yet unsettled as to the necessity and utility of any system of banking. The interests of all, especially of the business classes, require that that question should be definitely settled and its agitation put at rest. That object would be best attained by the course I recommend. A bill was passed at the last session, providing that the time for the payment of the several instalments of money due from the Southern Railroad Company should be extended for the period of six years from the time when the instalments should severally become due. The passage of this bill I could not approve. It was sent to the executive offce late in the night of Saturday immediately preceding the final adjournment of the legislature, affording me only the day of such adjournment to examine its provisions, and no opportunity to state and communicate my objections thereto. Those objections I beg leave to state now. At the commencement of our State government a system of internal ï~~138 MESSAGES OF GOVERNORS OF MICHIGAN improvement was projected and adopted upon a scale of magnificence and extent that would have been deemed gigantic for the largest and most wealthy state; the execution of which system required an expenditure entirely beyond any amount that our own could command, of money or credit. With a view, however, to commence the construction of our public works, a large loan of money was negotiated, and a state debt contracted, under the ponderous burden of which the people struggled on for nearly ten years, when it became apparent to all, that it could not much longer be borne; that unless we could in some way relieve ourselves from its crushing and increasing weight, we must sink under it, and submit to the unjust and humiliating expedient of repudiation against which the strong sense of honor and justice of our high-minded citizens revolted. They rejected its very proposal with scorn and indignation. The only alternative seemed. to be a sale of the public works.-This measure was proposed as early as 1844 and on its agitation before the public mind, its expediency was almost universally admitted, and finally the people, with singular unanimity declared in favor of such sale, and in favor of an entire and lasting separation of the state, from all schemes of internal improvement. In accordance with public sentiment, thus clearly expressed, the subject was submitted to the legislature of 1846, in the annual message of the Executive, and a sale of the Central and Southern Rail Roads followed. The state, however, has by no means, been enabled by the proceeds of that sale to recover entirely from her financial embarrassments. That measure has only placed her in a position, in which, by a rigid system of economy and prudence she may hope for ultimate extrication. The Southern Rail Road was sold at a great sacrifice to the state and an extraordinary credit given to the purchasers, with a charter of great liberality. The cost of the Road to the treasury exceeded $1,200,000 and it was sold to the company upon a credit of ten years, for $500,000; of which $100,000 had been paid, leaving $400,000 unpaid. The aggregate receipts of the road between the 12th January, 1847, and Jan. 1, 1848, as appears by a report, on oath of the Directors, amounted to more than they had paid of principal, to the state, at the time the extension contemplated by this bill was applied for. And the amount received during the same period over and above all expenditures was nearly sixty-five thousand dollars. This extension was precisely equivalent to a loan of $400,000, by the state to the Rail Road Company, for six years; and would have postponed, for that period, the payment of an equal amount of the state debt. The state was in no situation to loan money or its credit. Were the instalments to have been promptly paid when due, under the provisions of this bill, still increased taxation would have been unavoidable, for ï~~EPAPHRODITUS RANSOM 139 the payment of interest on our debt, and portions of the principal, then already past due, and soon to mature. How would the conduct of a private debtor be regarded by his creditors, and by his fellow citizens, who should loan his money or give long extension to his debtors, if thereby he postponed the payment of his own debts? Certainly very unwise, if not dishonorable and fraudulent. Would it be less so for a state? On the contrary, it would, in iuly view, be far moire unwise and less dishonorable. In addition to the inpolicy of postponing for six years longer than we otherwise should, so large an amount of our public debt, had this bill become a law, a strong' objection to the measure in my mind, was the hazard we must have encountered of an ultimate loss of the whole debt. So disasterous had this species of legislation proved to be in the state of New York that the late convention called to reform her constitution, adopted a provision that "the claims of the state against any incorporated company to pay the interest and redeem the principal of the stock of the state loaned or advanced to such company, should be fairly enforced and not released or compromised". Although the debt of the Southern Rail Road Company was not incurred for stock loaned or advanced by the state, yet it was for the purchase of the entirety of a Rail Road, and every reason which could exist for the provision referred to, would apply with full force to this case. All legislation which changes contracts is very unsafe. When the contract is made all the parts are carefully examined and made relative to each other. When an alteration is made, it is usually confined to the particular clause or clauses altered, and it is only long after, that consequences appear arising out of other parts which were not foreseen. The state had recently adopted the policy of separating her interests from all works of internal imprpvemnent and of liquidating and paying off the public debt, as fast as her resources would permit. This line of policy had its origin in the spontaneous movements of the people themselves, and there was no reason to suppose that they desired to change or abandon it. Their wish to do so could not be presumed. The policy of loaning the money or credit of the state to corporations, has almost universally proved disastrous to the interests of the state. Our own past experience is full of instruction on this subject. This policy formed a prominent feature in our -original system of internal improvement. The credit of the state was loaned to various Rail Road Companies to a very large amount, which resulted in a certain loss of more than three hundred thousand dollars, every dollar of which is yet to be wrung from the pockets of the people by the hand of the tax gatherer. Should I have been justified in subjecting the people to the hazard of adding to that amount the large sum of $400,000? I cannot doubt but every tax-payer in the state not locally affected by the Road in question, will answer emphatically in the negative. ï~~140 MESSAGES OF GOVERNORS OF MICHIGAN Such losses have not been confined to our own state. Others which have made similar loans to Rail Road and other companies, in aid of internal improvements have suffered similar losses. So heavy had been the losses of the state of New York, resulting from these loans, that their convention just referred to, adopted a provision that the credit of the state should not in any manner, be given or loaned to, or in aid of, any individual, association or corporation; and our younger, but no less sagacious and prudent sister, Wisconsin, more recently engrafted a similar provision into her Constitution. If a loan of the credit of a state, be injudicious, equally so for our state, incumbered as she is with debt, would have been a loan of money, and I repeat what I have before said that the extension of the time of payment of the $400,000, due the state from this company, is in all respects, except mere form, a loan of that amount. I can see no ground on which granting this extension could be justified, which would not as strongly justify a loan of money or guaranty of credit to the Southern Rail Road or any other company, for the construction of a Rail Road which would be beneficial to the public. Suppose the Central Rail Road Company, whose ability and willingness to meet their obligations promptly, so far as I have heard, are unquestioned, had applied to our legislature for a loan of the money or credit of the state. How would their application have been received? It would have been regarded by all as absolutely absurd. The state of Michigan groaning under a debt, on the whole of which she has never yet paid even the interest, asked to loan money! Suppose again that company had applied for an extension of time for the fulfillment of its contract with the state, which was to pay not half a million of dollars in ten years for a work which cost the state twice that sum, but two millions of dollars in one and a half years for a work taken of the state, at little less than its cost. Would such application have been listened to? Not for one moment. They would have been told that if they wanted pecuniary aid they must like all others-companies or individuals, go into the money market and seek it there. Can any distinction be draw between the case I have last supposed and the one I am considering? None whatever, that I can perceive. Another objection to this measure of extension should have prevented its adoption if there had been no greater. It involves an inevitable and certain loss to the people of at least fifteen thousand dollars. I have once and again said that this extension would have been equivalent to a loan of an equal amount, and in the present condition of our finances, must have increased our state debt to the same amount for the period of the extension. That of course would have made it necessary for the state to raise by taxation, sufficient to pay interest upon such increased indebtedness, just as much longer as they would have done, if the extension were not granted. ï~~EPAPHRODITUS RANSOM 141 If their instalments of principal as well as interest be paid as they fall due under their existing contract, they would redeem an equal amount. of our state debt on which interest is to be paid. Every dollar that is collected and paid into the state treasury costs the tax payer at least a dollar and four cents, to say nothing of the expenses of remitting the money from the townships to the county treasurers and thence to the state treasury; four per cent being allowed to the town treasurers upon all taxes collected. And upon every dollar paid in New York where most of the interest on our debt is payable and paid, there is a further loss to one to one and a quarter per cent for exchanges and commission. So that each dollar of interest paid on our state debt costs the people in addition to. nominal interest, at least five per cent for collection and remittance. Paying interest therefore on $50,000, for an increased period of six years, which we should be compelled to do, were this extension granted, would subject the tax payers of the state to a certain loss of at least $15,000. Was any sufficient reason shown why the people should submit to so heavy a sacrifice, for the benefit of this Rail Road company? None which satisfies me. But it might perhaps be insisted that the effect of the extension would have been to accelerate the further construction of the road from Hillsdale westward to Coldwater, and thence to the St. Joseph river, and thus essentially promote the interests of Branch and St. Joseph counties. That the construction of this road to the St. Joseph would be highly beneficial to the people of those counties, and consequently advantageous to the whole state, cannot be questioned; and sound policy as well as justice to that section of the state, demands that the legislature and every other department of the 'government should adopt every proper measure in their power calculated to aid the construction and hasten the completion of that important work. But would the extension sought, were it perfectly unobjectional on other grounds, contribute to the desired end? By its charter the Company is "required to construct, finish and put in operation the said Rail Road from Hillsdale to Coldwater, within four years from and after the passage of this act," (the charter) and "also to construct and put in operation the said Rail Road from Coldwater aforesaid, to some eligible point on the St. Joseph river in the county of St. Joseph in this State, within four years thereafter." The act granting the charter became a law on the 23rd day of September, 1846, and consequently the Company are bound by it, to have the road in operation as far westward as Coldwater by the 23rd day of September, 1850, and to the St. Joseph river, by the same day in 1854. The bill providing for the extension of the installments due the State, postponed the time for the completion of the Road to Coldwater to the 23rd day of December, ï~~142 MESSAGES OF GOVERNORS OF MICHIGAN 1850, and the time for its completion to the St. Joseph river remains unchanged. What additional guaranties were furnished by this bill that the road would be completed by the time specified? None whatever. The only modification of the original charter in that regard, was the one already noticed, to extend the time for putting the road in operation to Coldwater for the period of three months. The first section of the bill, to be sure provided that "the nett proceeds of said Michigan Southern R. R. shall be faithfully applied toward the construction and extension of the said Road, westwardly by Coldwater in the county of Branch, and any balance which may be required for the extension aforesaid shall be provided by assessment or otherwise, to secure the completion of the Road to Coldwater by the 23rd day of December, in 1850." A subsequent clause required the company to expend upon the road at least $50,000, and any excess beyond that sum, derived from the nett earnings of the Road. Now let us turn to the provisions of the original charter. They require the company, as we have seen, to finish and put in operation the Road to Coldwater, by the 23rd day of September, 1850, and to the St. Joseph River in four years thereafter. And this they were absolutely obliged to do, irrespective of the source from whence the funds for that purpose were to be derived. And the charter provides also, that in case the said Company do not construct, finish and put in operation that portion of the road west of Hillsdale to the points specified, (Coldwater and the St. Joseph River,) within the times specified that the charter to such portions of the road as shall not have been so constructed, shall become forfeited. Does it not appear most clearly from this comparison of the original charter with this bill, that the latter imposes no additional obligations upon the Company with regard to the completion of the road, and that it affords not the slightest additional guaranty to the state or citizens more immediately interested, that their obligations will be fulfilled? Is there any reason to suppose that if the company would not fulfill their original contract in good faith, they would not equally disregard any modification of it. The only conceivable benefit which could have resulted from this extension was merely to provide the company annually for six years $50,000 additional means for the construction of th road. This surely would not be an equivalent for the certain loss to which the state would have been subjected by it; to say nothing of the hazard to be encountered of the ultimate loss of the whole amount due. It would at most, be sufficient to construct four or five miles of road with the ordinary strap rail, or two to two and a half, with a T. rail such as is being laid upon the Central Road. If the interests of the State, or of the citizens up on the line of the road were consulted, instead of expending $50,000 ï~~EPAPHRODITUS RANSOM 143 a year only, in extending the road westwardly, the Company should expend at least, that amount every month, until the road be completed and in operation to the St. Joseph River. Is it not apparent from this review of the case, that this extension was sought, not for the benefit of the state or any of its citizens but for that of the Company alone? Such would have been its result certainly. Had the installments of purchase money been waived for the period proposed, the state in effect would have provided the whole means of carrying forward the road during that time.-On what grounds could these corporators ask this aid from the state at the expense of all her other citizens? The sale to them was most favorable, and advantageous. The Road is unquestionably worth much more than 'they contracted to pay for it. For the transportation of produce and other freights, this road may be made as valuable and productive in proportion to its length as the Central Rail Road. No portion of the state affords a larger surplus of agricultural products than that from the St. Joseph River to Lake Michigan, through which this road, when built, will pass and this road must be the avenue through which that immense surplus will find its way to eastern markets. And when the whole contemplated line shall be completed and in operation, it will at once become a great and important thoroughfare. A work of so great importance and value cannot long remain unfinished for want of the enterprise and capital necessary for its construction. EPAPHRO. RANSOM. February 28, 1849. From Journal of the Senate, p. 758. TO THE SENATE: In replying to the foregoing resolution, this moment placed before me, I have to say, that I am aware of no precedent or practice of this office, which justify the transmission to the Senate, of the papers alluded to in the resolution. A compliance with the request of the Senate might lead to a practice which would be fraught with great inconvenience, not to say mischief. I must be permitted, therefore, to decline it, which I do, with all due respect to the Senate. The papers mentioned will at all times be submitted to the inspection of any Senator who may visit this office and solicit such inspection. Very respectfully, &c., EPAPHRO. RANSOM. ï~~144 MESSAGES OF GOVERNORS OF MICHIGAN March 3, 1849. From Journal of the Senate, pp. 358-360. TO THE SENATE: I return herewith to the Senate, in which the same originated, An act to authorize the improvement of the Kalamazoo river, and for other purposes; and An act for the improvement of Flat river in the counties of Montcalm, Tonia and Kent; and also An act for the improvement of the road leading from Grand Blanc to the Thread mills, in the county of Genesee, without my signature. The bill, the title of which is first recited, appropriates seven thousand four hundred and ninety-five acres of internal improvement lands, being that portion of the five hundred thousand acres, granted by. the general government, to this state, for internal improvement purposes, not yet located, for the purpose of improving the Kalamazoo river, between the villages of Kalamazoo and Allegan. Commissioners are appointed by the bill to superintend the contemplated improvement, who are authorized to employ laborers and purchase materials for such improvement; and in payment for such labor and materials, they are "authorized to issue their orders upon the Auditor General, for warrants drawn against, and payable in internal improvement lands; and the same shall be received at the state land office at par, in payment, at the price established by law, for any internal improvement lands, not reserved from sale, or otherwise appropriated." At the commencement of the last session of the legislature, there remained unsold of the internal improvement lands which had been selected, a fraction less than one hundred and eighty-nine thousand acres, after making the necessary deduction for land warrants then outstanding, and for unexpended balances of former appropriations, of which one hundred and eighty-six thousand acres were, during that session, appropriated for the construction of various roads and bridges and the improvement of rivers, &c., which was believed to be all that could be appropriated consistently with a prudent regard to the interests of the State. None of these appropriations were of specified parcels of land. Some of the acts authorized the immediate selection of the quantity of land granted, and their reservation from sale; but in most cases they provided for issuing warrants payable in any unappropriated internal improvement lands. These lands were selected in tracts of not less than three hundred and twenty acres, and in selecting so large a quantity as five hundred thousand acres, there might be some hundreds, and even thousands of acres comparatively valueless, which would not be received by holders ï~~EPAPHRODITUS RANSOM 145 of our land warrants. And should it occur that there were not lands of ordinary quality and value, sufficient to meet all the warrants against such lands, the holders of such warrants would claim their redemption in money from the treasury, and it is not easy to perceive on what,ground such claim could be justly resisted. This bill requires the Auditor General, upon proof of certain conditions having been complied with, to draw and issue similar warrants, to an amount reaching nearly ten thousand dollars, the whole of which may be issued and internal improvement lands purchased therewith, before the seven thousand four hundred and ninety-five acres, mentioned in the bill, shall be selected, the selections approved and confirmed by the secretary of the treasury, and the lands subject to entry and sale. In which event an equal amount of warrants drawn or to be drawn under previous appropriations, would remain without land for their redemption, and consequently a charge upon the treasury. This is a hazard which should not be incurred while a heavy indebtedness is impending over us, and our only pecuniary resources, the direct taxation of our citizens. The two bills last mentioned, provide that the commissioners appointed under them, shall be impowered to make a selection of the land appropriated, from any unappropriated lands, and to report such selections to the commissioner of the state land office, who shall thereupon reserve the same from sale, and shall not thereafter issue a certificate of purchase for any tract or parcel thereof, except upon the order of the said special commissioners. To these appropriations is given an important advantage over most of those of the last session, under which, as we have seen, the lands cannot be selected, until the improvements for which they are intended to provide, shall have been made. Is not this manifestly unjust to the contractors under former appropriations? To my mind it is most clearly so. Would not such contractors decline taking the refuse lands in payment of their warrants, on the ground that the selections authorized by those bills, were in derogation of their rights, and appeal to a future Legislature for a reparation of the injury by the payment of their warrants in money? Unquestionably they would and successfully too. I cannot but deem it impolitic to make any further appropriations of land, were ever so much at our disposal, until those heretofore granted shall have been expended. Our land warrants, so large is the amount already afloat, and in anticipation, are worth in the market only thirty to forty cents to the dollar, and additional issues of similar paper would necessarily tend to their further depreciation. The amount of labor, obtained for them, upon our rivers, roads and bridges, would of course be correspondingly small. ï~~146 MESSAGES OF GOVERNORS OF MICHIGAN I regret the necessity which impels me to withhold my sanction from any measure which may have received the approval of the Legislature. I cannot however, consistently with my views of duty to the whole people, for the reasons above stated, place my approving signature to either of the bills in question. Most respectfully submitted. EPAPHRO. RANSOM. March 13, 1849 From Jourmal of the Senate, pp. 434-443 To THE SENATE: I hereby return without my signature, to the Senate, in which the same originated, "an act to amend an act entitled an act to authorize the sale of the Michigan Southern Railroad, and to incorporate the Michigan Southern Railroad Company." The bill provides that the several instalments of money owing and to become due to the state, by said company, shall be extended for the term of five years from the period when the said instalments severally become due. A bill for the same purpose, and substantially similiar in most of its details, was passed by both Houses at the last session of the Legislature, from which, however, my approval was withheld, and it failed to become a law. My objections to its passage were stated at length in my late annual message. Those objections, with few exceptions, apply with no less force to the bill now before me, than to the one of last session. I deemed them insuperable then, and I cannot surmount them now. I reiterate what was asserted in my former message, that the extension contemplated, is precisely equivalent to a loan of money by the state to the railroad company-by the bill of last winter of four hundred thousand dollars, ($400,000) for six years-by the one of this, of three hundred and fifty thousand, ($350,000) for five years; and if this bill become a law, it will postpone for the period last mentioned, the payment of three hundred and fifty thousand dollars of our public debt. I adhere to.the opinion then expressed, that the finances of the state are not in a condition to justify a loan of money, or its credit. With an impending indebtedness of two millions of dollars, upon most of which, the interest, even, remains unpaid, sound policy, no less than justice to our creditors, requires that all contracts for the payment of money or state indebtedness, whether of individuals or incorporated ï~~EPAPHRODITUS RANSOM 147 companies, should be enforced according to their terms, and the proceeds faithfully applied to the reduction of our debt. It is always unsafe to change the terms of a contract, by legislative enactment. Our own past experience fully demonstrates the impolicy of such legislation. A loan of the credit of the state, to the amount of one hundred thousand dollars, was made to the Detroit and Pontiac railroad company, in 1838, and such security was provided for the idemnification of the state, as was supposed at the time, could not fail to protect the treasury from any possible loss; but, on successive and earnest applications of the corporation, the Legislature was induced to amend.and alter the original law, or contract, from year to year, until at length it was discovered, when too late, that every available security had been legislated away. The result was, an irredeemable loss to the state, of the whole amount of the loan, with a large amount of the accumulated interest. Should we not anticipate consequences equally disastrous from the passage of this bill? If we could profit by experience, we should not encounter so imminent ahazard. Were any alterations whatever, to be made, of our contract with the Southern railroad company, it would seem tQ me, to be more wise, instead of extending the time for the payment of their debt, to offer them inducements to pay off its full amount immediately. They have neither extended the road or improved its.condition, since it came under their control. On the contrary, it must have been steadily lessening in value, from wear and decay. Instead of permitting the road to remain stationary, and petitioning the legislature for relief from the obligations of their own contract, voluntarily assumed, they should have. prepared for the prompt payment of the amount due the state, and for expending at least one million of dollars, each year, in extending the road to the St. Joseph river, and in re-laying the existing portion of it with a durable T rail. If the present corporators cannot command the requisite capital, they should proceed without delay, to open books and invite subscriptions to their capital stock, and thus provide the funds required for these important purposes. So apparent is the importance and value of this route, for the transportation of freight, as well as for long and through travel, that I cannot doubt but capitalists would come forward at once, were an opportunity afforded them to do so, and advance means sufficient to construct the road to the St. Joseph river, at Constantine, Mottville, or Niles, and to place the whole line, from Monroe' to such point under a heavy T rail,. with the least delay practicable. That the Southern railroad could maintain a successful competition with the Central, may be shown conclusively, by a comparison of the ï~~148 MESSAGES OF GOVERNORS OF MICHIGAN lengths, cost of construction, and expense of operating of the one, with the other. To construct such a road, as will be found indispensible to meet the wants of the country, from Hillsdale to Niles, a distance, say, of ninetytwo miles, at twenty-five thousand dollars per mile, will cost two millions three hundred thousand dollars. From Monroe to Hillsdale, sixty-eight miles, at fifteen thousand dollars per mile-one million twenty thousand dollars. Stocking the road with suitable cars and necessary motive power, and the erection of depot buildings, may cost one hundred and eighty thousand dollars more, all which, with the five hundred thousand dollars paid, and to be paid, for the road, will make an aggregate amount of four millions, the cost of the entire line of road from Monroe to Niles, fully completed with a T rail, together with engines, cars, station-houses, depot-buildings, &c. From Detroit to Niles, by the line of the Central railroad, is one hundred and ninety miles; the construction of which, when the whole shall be placed under a T rail, with engines, cars and all necessary structures, will have cost its present owners at least four million dollars, to which add the two million dollars paid the state for the road east of Kalamazoo, and we have an aggregate, of six million dollars. Thus we see that the Central railroad company originally paid for one hundred and fortyfour miles of road, two million dollars, while the Southern railroad company, paid but five hundred thousand dollars, one-fourth the amount, for seventy-eight miles, more than half the length of the other, (including the Tecumseh branch) the condition of the two roads, at the time of the purchase, being much the same. About one-half of the distance of each was new road, with the ordinary strap rail upon it, and the other half was old, the superstructure considerably decayed, and the iron much broken and worn. The cost of fitting the track of the Central road for the T rail has been very heavy. Much of the old track between Ypsilanti and Dexter was unavoidably abandoned and a new one graded, on account of the numerous curves made by carrying the line along the windings of the Huron river. And in straightening that section, some ten to fifteen new and expensive bridges had to be constructed. And in proceeding westward, from Kalamazoo, heavy and expensive embankments and deep excavations were necessary to overcome the high lands between the valleys of the Kalamazoo and Paw Paw rivers. The Southern road, it is believed, may be prepared for the heavy rail at an expense comparatively light. It may, I think, be safely estimated that a railroad may be constructed, from Monroe to Niles, for at least one millionl five hundred thousand dollars less than would be required to construct one of the same class from Detroit to Niles; with a saving too, in running distance, of twenty to thirty miles. My estimates are ï~~EPAPHRODITUS RANSOM 149 not based upon authentic data, as none are accessible to me; they are made from such general information as I have been able to obtain upon the subjects to which they relate. They are, however, sufficiently accurate, I apprehend, for the present purpose, and show clearly that the Southern railroad, when put in operation, may not only compete with the Central read, but that it will possess a decided advantage over it in transporting either passengers or freight from Niles to Buffalo, or to any immediate port upon lake Erie. These estimates also show, and I think conclusively, that the fifty thousand dollars a year for five years, proposed by this bill to be loaned to the railroad company, with the net proceeds of the road, will be entirely insufficient for the extension and completion of the road within the time fixed by the bill. I, of course, proceed upon the supposition that the new road is to receive a T rail, presuming that no man, or association of men, having due regard to economy and prudence in such expenditures would, at this day, construct a railroad, designed principally for the transportation of freight, with the flat bar rail. I am aware that the company is required to "provide by assessment or otherwise" for any balance over and above the net proceeds of the road which may. be necessary for the completion of the road to Coldwater by the time specified in the bill. But what assurance have we that the present corporators can comply with this requirement? By their charter they are bound "to construct, finish and put in operation the said railroad, from Hillsdale to Coldwater, within four years from the passage of the act" by which it was granted. More than half that period has elapsed, and yet the road is not extended a single rod beyond Hillsdale, nor is any portion of it in progress of construction. By the report of their directors, made under oath, it appears that the company have paid the state one hundred and fifty thousand dollars of the purchase price of the road. They have also paid their interest, amounting to forty-nine thousand five hundred dollars. The net proceeds of the road, since it passed into their possession, to the first of January 1849, have been ninety-seven thousand four hundred seventyone dollars thirty-one cents, and they have a subsisting debt of sixtytwo thousand five hundred and eighty dollars, besides what they owe their stockholders. The net proceeds of the road, together with their existing debt of sixty-two thousand five hundred and eighty dollars, exceeds the amount paid to the state, on account of principal, by the sum of ten thousand fifty-one dollars thirty-one cents. On the fifth of May last, an assessment of seven per cent was made, upon which thirtyfour thousand one hundred and thirty dollars was paid, and for which the bonds of the company were issued to the respective stockholders, making, what, in form, was an assessment on the stock, a loan, in fact, from their stockholders. The amount received into the treasury from ï~~160 MESSAGES OF GOVERNORS OF MICHIGAN the company, had been in evidences of state indebtedness, nominally amounting to one hundred ninety-nine thousand four hundred and ninetyseven dollars and ninety-nine cents, and in cash two hundred and one dollars. The state bonds, and other evidences of debt paid in, however, it is known, were purchased at prices far below their par value. Eightyeight thousand five hundred dollars, received up to June 1847, I estimate at seventy-five cents upon the dollar, though probably, in fact, cost the company much less, making at. the rate specified sixty-six thousand three hundred and seventy-five dollars. Thirty-seven thousand seven hundred and fifty dollars was paid in December 1847, worth in the market at the time about the same, amounting to twenty-eight thousand three hundred and twelve dollars fifty cents. In June, 1848, thirtyseven thousand dollars was received, which, estimated at eighty cents to the dollar, made twenty-nine thousand six hundred dollars, and the last payment was made in December 1848, of thirty-six thousand two hundred and fifty dollars, and at eighty-two cents upon the dollar, would amount to twenty-nine thousand seven hundred and twenty-five dollars; making the aggregate cost to the company of the bonds, warrants, &c., paid to the state, one hundred and fifty-four thousand twelve dollars and fifty cents; only fifty-six thousand five hundred and forty-one dollars and nineteen cents more than the clear proceeds of the road, to the first of January last, and six thousand thirty-eight dollars and eightyone cents less than the net profits of the road, added to their outstanding debt of sixty-two thousand five hundred and eighty dollars, say nothing of the thirty-four thousand one hundred and thirty dollars due their stockholders. Thus we see that the company has not actually advanced a single dollar, for any purpose connected with the road, in the two years and upwards they have had it in possession, nor has anything, as we have already seen, been expended for its extension towards Coldwater, and it is not claimed that the condition of the road in operation has been improved since it passed from the control of the state. I repeat the inquiry then, what assurance has the state, or the citizens along the line of the road, that this company will "construct, finish and put in operation," a railroad to Coldwater, and to the St. Joseph river within the period required by their contract? The exhibit of their affairs found upon the report of their officers certainly afford no reason to hope for a consummation so desirable. May we not fear? Must we not conclude, judging the future by the past, that the extension now sought, if granted, would only enable the company to struggle on for two or three years longer, with no better results than have followed their efforts hitherto, and finally suffer the road to fall back upon the state in a dilapidated condition and greatly reduced in value. If it be said that the forfeiture of the corporate property and franchises, provided by the fifth section of the bill, will secure the fulfillment of the contract for ï~~EPAPHRODITUS RANSOM 151 the completion of the road, it may be replied that such liability to forfeiture, may secure the ultimate restoration of the road to the state in case the obligations of the company be not fulfilled; but I submit it has no tendency to create or provide funds for its construction. Nor does the subsequent section, which requires the company to secure and invest in the state, the right of way west of Hillsdale, provide any guaranty for extending the road. Their right to avail themselves of the provisions of the act is made by the sixth section, to depend upon their first securing to the state, such right of way: that done, they could never be compelled to complete the road, by any provision contained in that section. Indeed, this bill essentially diminishes the security which the original charter afforded, for enforcing upon the company a compliance with their contract. Under the original act, they would be required to pay in June next, twenty-five thousand dollars of the principal as well as the interest upon their whole debt; and in default of such payment, they would forfeit all sums previously paid, and the immediate possession of the road-; and all property pertaining thereto, and all the franchises under the charter. By the amendatory act the company is required to pay the interest only, in June, and may then retain possession of the road until after the 23d of IDecember following, until after which time, no proceeding whatever could be instituted against them for a forfeiture, even though not a single shilling should be-expended for the extension of the road westward, or for repairs upon the old portion of it. By paying the interest, twelve thousand two hundred and fifty dollars, in June, they may continue to possess and use the road until the last of December next, taking to themselves the whole proceeds, which in 1847, amounted to more than one hundred thousand dollars; sixty-four thousand nine hundred and seventeen dollars and ninety-five cents over and above all expenses for running and repairs. They may then suffer it to revert to the state, having received the whole profits for a full year, upon the payment of interest only for six months. If the road must revert to the state, the sooner such reversion takes place the better; that it may be re-sold and provision made for its earliest possible re-construction of the old portion of it, and for the extension and completion of that part west of Hillsdale. The road now in use will of course be lessening in value until reconstructed, and there is reason to fear that unless this work be speedily completed, a rival one long since projected may be undertaken and carried forward from some point upon the Maumee river through the northern counties of Ohio and Indiana. In which event the charter of the Michigan southern road would be rendered comparatively valueless, and a large amount of business drawn away from our southern counties. ï~~152 MESSAGES OF GOVERNORS OF MICHIGAN The great mass of travel to and from the west, passing around the head of lake Michigan and now over the Central railroad, would be almost entirely diverted from our state, were the contemplated route through northern Ohio and Indiana in operation. Should the Southern road be finished and in operation without further delay, this rival road would probably never be commenced. The conclusion to my mind is irresistible, that this company ought not to rely upon the aid which the extension prayed for, would afford them if granted. That it would be. found entirely inadequate to the object in view; They should therefore, pursue the course prescribed by their charter, cause books to be opened. for subscriptions to the capital stock, dispose of their charter to other persons, or surrender it to the state, that it may be re-sold to such actual capitalists as possess the requisite means for its completion. But it may be urged, that whatever objections to this bill, may exist in my mind, should be yielded, now, it having received the sanction of two successive legislatures; that such legislative action has been had upon it, that its approval by the Executive has become an imperative duty. An examination of the legislative journal leads me to a very different conclusion. The withholding my approval from the bill of last winter seemed, at the time, to be almost universally approved by the people so far as the expression of their opinion could be gathered from the public press, except in those sections where a strong local interest was felt in the question. In my communication to the legislature at the opening of the present session, I stated the reasons which controlled my action at the last session upon the subject. Those reasons were very generally regarded as fully sustaining the position I had assumed. Have we any evidence that the public mind has undergone a change in relation to this question? I have perceived none. On the contrary, I confidently believe, that were the people to-day assembled in convention, to revise the constitution, they would, as the people of New York and Wisconsin have recently done, expressly prohibit the enactment of laws for loaning the money or credit of the state, to corporations or individuals: for releasing to persons or corporations, debts due the state, or for extending to debtors the time fixed by their contracts for the payment of such debts. Such laws are entirely at war with the policy adopted in 1846, when our public works were sold, which received the undivided approval of the people. They have given no indications of a change of opinion, as to the soundness of that policy. ï~~EPAPHRODITUS RANSOM 153 Its results, certainly thus far, have most signally vindicated the wisdom of its adoption. I cannot deem it wise to abandon a policy, that has proved so eminently successful, and return to one, that was so universally disastrous. And I submit, that before such a step be taken, periling as it does three hundred and fifty thousand dollars of their hard earnings, the question should be submitted to a direct vote of the people themselves, whose interests it so deeply involves. The Legislature it is true, have in form, passed this bill: similar in its objects, as I have already said, to the one of the last session, still however, containing all its leading and most objectionable features. It appears from the journal of proceedings in the House, that when first put upon its passage in that body, thirty votes were recorded in its favor, and twenty-one against it-less than a constitutional majority: the bill of course, was defeated. A reconsideration of that vote was immediately moved, and -without the intervention of an adjournment, or of any other business whatever, that motion prevailed: whereupon one of the members voting in the minority, moved a call of the House, which the Majority refused to order, and -the question then recurring upon the passage of the bill, it was carried. These several votes followed each other in rapid succession, and the journal shows that the whole proceeding transpired just at the close of the afternoon session. Upon the first vote, it will be perceived there were fifty-one members voting. On the question of reconsideration, the yeas and nays appear not to have been taken. Upon the last vote forty-six members only, answered to their names, and the bill was passed by a vote of thirty-one to fifteen, the precise number voting in the affirmative, which was indispensably necessary, under the constitution, for that purpose. One member voted for the bill, the last time, who voted against it, the first; and fire who voted against it, when the question was first taken, were out of their seats, or declined answering, when the last vote was taken. Since the death of the member from Shiawassee, early in the session, the House has consisted of sixty-four members, of which number, the bill we are considering did not receive the support of even a bare majority. Of the members actually in attendance, on the day of its passage, it did not receive the votes of a cons titutional majority. Had the fifty-one members remained in their seats and voted when the question was last taken, the bill could not have passed. If the forms of the constitution therefore, were complied with, its meaning and spirit certainly were not. Can it be seriously urged then, that the action of the Legislature in this case, affords such an exposition of the public will, as imperiously requires the Executive to surrender his own maturely considered, and ï~~154 MESSAGES OF GOVERNORS OF MICHIGAN long settled opinions as to the policy of the measure involved? I cannot think so. On the contrary, the passage of this bill was a clear and palpable violation of the opinions and wishes of the people, as represented in the Legislature. For whether the five absent members withdrew purposely, or whether they were out of their seats by mere accident, the result is the same. In either case, the public mind and will was not truly represented, in accordance with the constitution. These facts apparent upon the face of the record, would, of themselves, seem strongly to invoke the interposition of the negative power of the Executive, and in this case perhaps, would fully justify its exercise, were no other reasons assigned. EPAPHRO. RANSOM. ï~~GOVERNOR JOHN S. BARRY ï~~.y 1 r ï~~For portrait and biographical sketch of Governor Barry see Vol. I, p. 425. ï~~1 i f ï~~MESSAGES ï~~\ ï~~1850 January 7, 1850 From Joint Doewinents of the Legislature of the State of Michigan, pp. 1-20 FELLOW-CITIZENS OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES: Under provisions of the constitution, the commencement of a new year requires the meeting of the representatives of the people for deliberation and action upon public affairs. To them is committed the important duty of making those alterations and amendments in the laws, necessary for the removal of grievances of the past, and required to secure a greater share of happiness and prosperity for the future. To them, in a word, is confided for the time being, the sovereign functions of legislation, restricted only by organic law; and upon a wise and judicious use of this momentous trust, the highest that can be delegated by man to his fellow man, depends, in an eminent degree, the welfare of the state. In meeting and co-operating with the two houses of the legislature, it will be my object as well as duty, to endeavor to cultivate that spirit of harmony, which, while it secures an amicable intercourse that should always exist between the co-ordinate branches of government, at the same time tends best to promote the interests of our common constituents. During the year now closed, the pestilence has stalked abroad in our country. Its ravages have extended from one extreme to the other, and pervaded almost its whole extent, carrying, in its train, suffering, misery and death. In our own state, however, though from the vast extent of our navigable coast, greatly exposed, we have but slightly felt its direful effects; and within our borders the destroying hand has been mercifully stayed. The past year has also been attended with its blessings. The labor of the husbandman has not been without its reward. The harvest of the great staple of the state was less abundant than that of more favorable years; but of all other productions, to which our climate is congenial, the earth has yielded plentiful stores. In this sublunary state, we cannot expect good or evil unmixed. Contentment, in our allotted sphere, best secures our happiness; and, whether in adversity or in prosperity, let us alike render our oblation of thanks to the great Ruler of the universe for His kind protection and manifold mercies. We live in an age of progress. Precedents are no longer observed ï~~162 MESSAGES OF GOVERNORS OF MICHIGAN because they are precedents; everything is subjected to scrutinizing inquiry and searching investigation, and whatever is not found to conform to the standard of reason, is disallowed and rejected. Scarcely fifteen years have elapsed since the adoption of our present constitution, so happily adapted, at the time, to the sentiments of the people, the spirit of the age, and the prosperity of the state; and yet the progress since made, in the science of government, affords unmistakable evidence that the principles of republican institutions may be further extended, and made more beneficial in their application. Monopolies, if not wholly exterminated, may at least be diminished, and a greater degree of equality established. Labor may be better assured of itsreward, and the idle and vicious, more effectually excluded from participation in the profits of industry. Impressed with these considerations, our citizens, at the last general election, by a decisive vote, almost approaching to unanimity, determined to make an entire revision of our constitution; and, by a radical change in some of its more important features, adapt its provisions to the progressive improvements of the age. The last fifteen years will form the first period in the history of Michigan as a state, and this period will be characterized by general prosperity, not however wholly exempt from attendant adversity. Our difficulties and misfortunes, results of misguided action, will serve as admonitions in our future progress.; while to our prosperity we can always refer with satisfaction and pride. The advance made in wealth and increase in population in a like period have seldom been equalled and perhaps never excelled. The prospect now before us is encouraging and inviting. Our climate is salubrious and our soil fertile and productive. Agriculture, manufactures, and commerce, true sources of wealth, possess, within our borders, advantages not excelled in the Union. Great lakes surround us, navigable rivers are numerous, and water-falls abound. Almost equally distant from the Gulf' of St. Lawrence, the Gulf of Mexico, and the Atlantic Ocean, and accessible to all by navigable rivers and canals, our interior situation is unrivalled; and we may reasonably hope the day is not distant when Michigan, but yesterday a wilderness, the abode of the savage and beasts of prey may favorably compare, in population and resources, with other states organized and settled at an earlier day. Possessing, as we do, the elements of prosperity so great, we need not be jealous of the advance of our sister states. In their prosperity, our own is promoted; and, in the political ties that bind us together, we share any advantages that they possess in a more eminent degree than ourselves. In our onward course, one of the most important improvements contemplated in the constitution, and upon which definitive action has ï~~JOHN S. BARRY 163 already been had, is the substitution of election by the people, for the appointing power of the executive. In the desire to obtain office misrepresentation is not unfrequently practiced, and with the best of motives on the part of the executive, unfit and unworthy persons are often promoted to important stations which they are wholly incompetent to fill. And though unworthy.candidates may sometimes be presented to the people, their chances of success will be greatly diminished by the public scrutiny to which their qualifications must be subjected. Of the duties devolving upon you at your present session among the first will be that of providing by' law for the election by the people of the several State and County officers mentioned in the amendment to the constitution adopted at the last general election. By this amendment a great and important principle is affirmed, but, I regret to say, that the detail necessary to carry that principle into effect is wholly omitted. The legislature, for the present year, is required to provide by law for the election of Judges of the Supreme Court, Auditor General, State Treasurer, Secretary of State, Attorney General, Superintendent of Public Instruction, and Prosecuting Attorneys. The terms of some of the officers named will expire before an election by the people can be held, and no constitutional provision exists, authorizing them to hold their offices, as is provided in some other cases, beyond the specified periods for which they were appointed. Of this class are the Secretary of State, Auditor General and State Treasurer, the two former appointed by the Governor, by and with the advice and consent of the Senate, and the latter elected by the Legislature; and should the duties imposed by law upon their several departments cease to be performed, the state government would, at the same time, cease to exist. Vacancies in other offices would cause less confusion and, in some, perhaps, very little inconvenience. A difference of opinion no doubt exists, and well may exist, in regard to the authority of the executive and the legislature to fill these and other like vacancies. It is contended on the one side, that when the amendment is officially declared duly adopted, it thereupon becomes a part of the constitution, superseding whatever contravenes its provisions; while, upon the other side it is assumed that it only imposes a duty upon the legislature to provide for the election of certain officers by the people, and until that duty be performed, the executive and the legislature possess full authority to appoint under the constitution in its original form. This authority, it is further assumed byisome, cannot have been revoked and determined, but must of necessity continue in force until by the election, for which you are required to provide, effect can be given to the provisions of the amendment. The amendment must, at some time, take effect and become a vital part of the constitution; and when will that time be? Will it be when the ï~~164 MESSAGES OF GOVERNORS OF MICHIGAN vote of its adoption is, declared? I think not; for in itself it is imperfect. It does not provide for the election of the officers named, but commands the legislature so to do; and it could not be designed to change the mode of appointing until its substitute was perfected, for in that case the government, for the want of necessary officers, might be dissolved. Will it take effect when the legislature shall have performed its duty and provided by law for the required election? I am myself inclined to answer in the affirmative; I think it will. A new mode of choosing public officers will then be perfected, and the old one by appointment of course superseded and abrogated. After the passage of the law enjoined, the old method of appointment cannot be continued in force until the required election be held; for the one authority might thus come in collision with the other, and, by virtue of executive appointments, incumbents might be installed in all the offices designed to be filled by the election. As the amendment interferes with no provision of the present constitution except the appointing power, those now holding office, and others appointed before the passage of the law which shall give vitality and force to the amendment, must, I think, hold their respective offices for full constitutional terms, which cannot be cut short by the change to be effected. Vacancies occurring after the passage of the act required, and before the election is held, as also such vacancies as may occur between one election and another, may be filled by temporary appointments to be provided for by law. Such are my opinions upon the operation and effect of the amendment, and, as duty requires, I communicate the same to the legislature for their consideration and action. Under the rule I have prescribed for myself, any other view of this subject, and one leading to a different conclusion would have differed little in its practical results. Considering the object and spirit of the amendment, I shall abstain from the exercise of the appointing power, except in cases where public good would be likely to suffer detriment by withholding its use. I shall thus, so far as is consistent with the present effective administration of the government, leave to the people the selection of their own agents, which by their late vote, they have with,so much unanimity and propriety, evinced a disposition no longer to delegate to others. The terms of a majority of the judges of the Supreme Court will expire during the mo&h of July next; but, I doubt not, before that time their successors will be elected. Should, however, the election be postponed to a still future period, the vacancies, when they occur, may be filled by temporary appointments, as in other cases suggested. Another duty, made imperative on you to perform at your present session, is that of providing by law for holding a convention for the pur ï~~JOHN S. BARRY 165 pose of revising the constitution. The people, at the last general election, with great unanimity, as already intimated, having voted in favor of calling such convention, it only remains for you to make the necessary provisions for its meeting. By constitutional requirement it must be holden within six months after the passage of the law by which it is called, and shall consist of a number of members not less than that of both branches of the legislature. With these restrictions it will be competent for you to make such provisions upon the subject as may seem just and appropriate. Eligibility to a seat in the convention should, I think, with few restrictions, be extended to the great body of the people being electors and citizens of the United States. With the exception of a few, such as state officers, and others whose official duties do not admit of postponement or delay, it may well be doubted whether any, having the qualifications named, can with propriety be excluded. The reasons that may properly render an individual ineligible to a seat in the legislature, are, in no degree applicable to him as a member of the approaching convention. While under the restriction mentioned, it is appropriately your province to designate the time both for the choice and the meeting of the members, I would respectfully suggest that the election be held early in April, and that the session commence early in May following. The result of their labors will then be made public and ample time given, before the next general election, for the consideration and discussion of the definitive propositions presented. The Secretary of State, in due time, will present you his report prepared in accordance with the provisions of "An act to provide for statistical information," approved April 3rd, 1849. From this report much valuable statistical information may be obtained. The land under cultivation in the state in 1848, was 1,437,460 acres, of which 465,900 acres were sowed with wheat. The quantity of wheat raised was 4,739,300 bushels, and of all other grains 8,179,767 bushels; wool produced, 1,645,765 pounds; sugar made, 1,774,369 pounds; in the state, 52,305 horses; 210,268 neat cattle; 152,541 swine; 610,534 sheep; 228 flouring mills; 568 runs of stone; 719,478 barrels of flour made, 598 hands employed, $1,496,400 capital invested; 730 saw mills, 157,179,257 feet of lumber sawed, 1,959 hands employed, $939,470 capital invested and $4,660,974 in merchandize imported exclusive of Detroit. The Secretary of State supposes the reported amount invested in flouring and saw mills to be too small, but the report otherwise to be essentially correct. The returns also show in the state 18 persons deaf, 10 dumb, 71 deaf and dumb, 71 blind, and 120 insane. The number of convicts, remaining in the state prison at the end of the last fiscal year, was 110, and the average number during the year 117. Of the number now in the prison, 84 are working at various ï~~16 MESSAGES OF GOVERNORS OF MICHIGAN mechanical trades f.or persons who hire them of the state, 10 are at work on the state prison buildings, 12 in sundry occupations about the prison, 2 in solitary confinement, and 2 aged and infirm are unemployed. During the year the earnings of those employed by contractors, was $7,787.04, at a rate of wages averaging a fraction less than 32 cents a day. The amount of convict labor on the prison building was $978.95, estimating the same at 35 cents a day. The whole amount drawn from the state treasury since 1838, and expended for the erection of prison buildings and support of convicts, is $227,766.74, of which $12,000 was so drawn and expended the past year. In addition to this sum the proceeds of the labor of convicts have mostly been, expended for the like purpose. This outlay has been so large and the return so small, that we need not look further for the cause of general dissatisfaction that exists in relation to this subject. The prisons of other states have not only been sustained by the proceeds of convict labor, but, in many instances, have afforded a net revenue in addition. The present Agent, after stating in his report that he is fully aware of the deep interest felt by the people in this institution, and of their desire to know for what the large amounts of money used have been expended, says it has been one of his studies to devise some means by which the treasury may be relieved from such burdensome drafts, and adds that the mass of all that is thus drawn, even this year, is consumed in supporting the prison and not in building. After a full examination of the subject and estimates made of retrenchments proposed, he comes to the conclusion that our prison, in its arrangements, being on a scale too large for the present condition of the state, must be, to some extent, burdensome, until, from an increased population, the number of prisoners shall more nearly correspond to the preparations made for their safe keeping. Regretting, as I do, the unfavorable result of the investigation made by the Agent, and the little prospect presented of relieving the state immediately from the burdensome support of the prison, I am still of opinion that further examination of the subject should be instituted, and by an entire re-organization of existing arrangements, or by some other appropriate measures, a prospective if not immediate diminution of expenditures made certain, and a greater income if possible secured. The existing rights of contractors should be respected, but, after the expiration of present contracts, if a method more beneficial can be devised for the employment of the labor of convicts, the interests of the state make its adoption a duty imperative. A reform in this department, if reform be possible, can be no longer postponed. Without a diminution of expenses annually incurred, the people may well demand the entire abandonment of the whole state ï~~JOHN S. BARRY J 167 prison system, and a resort to imprisonment in county jails, or to some other mode of punishment, hereafter to be devised and adopted. However effective or however well adapted to secure the object intended, few schemes would be likely to prove more expensive than that which for the last twelve years, we have been endeavoring to carry into effect. The average expenditure during that time for support and safe keeping of prisoners, exclusive of building, is about $10,000 a' year besides the proceeds of convict labor, and to this outlay a limit must be set. In these remarks I would not be understood as inculpating the present or former agents. So far as I am at present advised they have all faithfully discharged the duties of their office. The system, prepared to their hands, they have administered in the manner prescribed by law, and are in a small degree responsible for results. The present incumbent, fully aware of the evils complained of, evinces a laudable desire to aid in reforms required for their correction. The University is represented to be in a prosperous condition. Its catalogue presents a list of 7 professors and 72 students. In addition to the department of science and arts, the board of regents have organized a department of medicine, in which a course of instruction will commence in the Autumn of the present year. A laboratory has been built on tie eastern side of the University grounds, and is designed to accommodate the medical department, for which purpose it is amply sufficient. The receipts for the present year are estimated at $12,000.00, of which $1,000 are from room rents and admission fees, and $11,000.00 from the University interest fund. The board of Regents recommend the re-establishment of branches as soon as the condition of the funds will permit. The whole necessary annual expense of a student in this institution does not exceed $100, and by practice of strict economy, may be reduced to $70. Tuition is gratuitous, and a small sum only required for room rent and admission fes. While the expenses are so moderate, it is believed the advantages offered to students in the University of Michigan are scarcely excelled in similar institutions, longer established and more favorably known. The system of common school education, adopted in the State, continues to produce favorable results. No essential change in its provisions are at this time deemed necessary or advisable. The number of children reported, between the ages of four and eighteen years, is 125,218, and the whole number that have attended primary schools the past year is 102,871. The amount of money apportioned from the primary school interest fund, is $39,382.95, and the amount of mill tax, $17,830.13. The whole amount raised for all purposes, including the mill tax and taxes for the construction and repair of school houses, was $73,804.97, which added to the sumt distributed from school interest fund, makes the large amount ï~~1688 MESSAGES OF GOVERNORS OF MICHIGAN of $113,187.92 expended in the state the past year for the promotion of common school education. The Board of Trustees of the Michigan Asylum for the education of the Deaf and Dumb and Blind, and of the Asylum for the Insane, report that they have located the former at Flint, in the county of Genesee, and the latter at Kalamazoo, in the county of Kalamazoo, and from the citizens of those counties respectively, have received donations of $3,000 and $1,500 in aid of the institutions, and also lands suitable for the erection of requisite buildings. The Board of Trustees also report that as the proceeds of the sale of the salt spring lands granted, and the donations made, will all be required for the erection of necessary buildings, these institutions, having strong claims upon public bounty, will still be destitute of sufficient endowments to afford that degree of usefulness desired and expected from their establishment. The government of these asylums is vested in a board of trustees consisting of five members elected annually by the legislature in joint convention. The Board of Education, under the law establishing a State Normal School, early in the year, selected twenty-five sections of land granted for that purpose, but of the selections made twelve sections were lands erroneously confirmed to the state, of which mention is made in another part of this communication. The Normal School has been located at Ypsilanti, in the county of Washtenaw, upon condition that the sum of $17,000, subscribed by its citizens, be satisfactorily secured; of which sum $7,000 may be discharged by conveyance in trust to the board of a site and building thereon, designated and deemed suitable for the purpose of the school. The Militia of the State is represented in the report of the Adjutant and Quarter Master General, to be in a disorganized and unsatisfactory condition. Notwithstanding the laborious and unremitting efforts of that efficient officer, due returns have not been obtained from township and county officers; and, in the absence of such returns, recourse has necessarily been had to those of previous years. The aggregate military force of the state for the year 1849, as near as could be ascertained, was 60,018 men, and the quota of arms received from the general government was equal to 454 muskets, in value $5,010. A small appropriation is asked for contingent expenses of the quartermaster general's department, for fitting up additional gunracks in the state armory, and for repairing arms. The public printing has long afforded a theme fruitful of discussion. Divers methods of procuring its performance have been devised, discussed and at different periods adopted. From considerable attention to the subject, and from observation of results, I certainly incline to the ï~~,or 169 JOHN S. BARRY opinion that the method of letting it, by contract, to the lowest bidder offering ample security for performance, is attended with the least difficulty, and secures best the interest of the state. The balance in the Treasury, November 30, 1848, was.......$51,681.55 The receipts during the last fiscal year, were.............494,165.06 Making available means for the year..................... $545,846.61 The expenditures during the same time, were..............490,399.22 Leaving balance in the Treasury, Nov. 30, 1849, of.........$55,447.39 Of the receipts and expenditures, so large in the aggregate, but a small portion properly relates to the revenue and disbursements of the State government, of which the expenses are estimated at $75,000, and, under the new constitution, will not, it is believed, exceed $50,000. The receipts and disbursements on account of the general Fund, the Internal Improvement Fund, State Building Fund, and Trust Funds appertaining to the University and Primary Schools are all embraced in the statement above, and present, in the aggregate, all fiscal transactions of the year. The tax of two and a half mills, on each dollar of the assessed value of the property of the state, is designed by law exclusively for the support of the state government. The sum raised by this tax varies as the aggregate valuations in the several counties vary; and the amount received into the treasury is seldom less than $70,000 and does not often exceed $75,000. This tax for 1848 amounted to $74,771.92, and for 1849 to $72,498.00, the valuation of taxable property for the last year being less than that for the preceding year by nearly a million of dollars. In addition to the above, 'a tax is levied annually for the payment of interes accruing on our Internal Improvement debt, so far as the same has bee4 funded. The sum levied last year for this purpose was $29,908.75, being one mill on a dollar on the valuation of 1848, and thus increasing the whole tax paid to about three and a half mills which includes all taxes levied for state purposes. The other sources of state revenue, exclusive of taxation properly so called, consist of charges on returns of lands to the Auditor General's office for non-payment of taxes by their owners, specific taxes on railroad companies, banks and other corporations, five per cent. on the amount received for sale of public lands in this state by the general government, and interest on the unpaid installments due for the sale of salt spring and state building lands. The amount received for charges on returns of lands, varies somewhat from year to year, but is supposed to be amply sufficient to cover the expenses of transacting the business. The specific taxes now yield about ï~~170 MESSAGES OF GOVERNORS OF MICHIGAN $23,000, and in 1852 will be increased to nearly $70,000. The five per cent. on sale of public lands amounted, for the last five years, in the aggregate, to $11,908.91. The interest on the state building and salt spring lands may be estimated at about $1,900. The items named above constitute all the sources to which the state looks for revenue. The rate of taxation, present or prospective, compares favorably with that of other states. Were the whole amount levied, as a capitation tax, the sum for -each individual would not exceed 33 cents, and in a few years hence probably not half that sum. Many of our sister states sustain a rate of taxation per head, nearly double that of our own. Though, when the public debt shall all be funded, the amount raised for payment of interest may necessarily be increased, yet the contemplated diminution of state expenses, the great and certain increase of specific taxes, and the additions daily made to our taxable property, warrant the confident belief that no future emergency is likely to arise requiring a rate of taxation that shall be onerous to the people of the state, or equal that of other states, incumbered with a public debt. In this connection, it deserves also to be mentioned that by a custom, rather than a law, the assessed value of property is little more than a fourth part of its real and cash value; and consequently the whole tax of 31/ mills, levied last year, would be in truth only about one mill on a dollar of a just and correct appraisement. Of such, or even a higher rate of taxation, our citizens can have no cause of complaint: and our eastern brethren, seeking homes in the West, may select and occupy the fertile lands of Michigan without fear of excessive or even high taxation. The laws provide for the payment of interest upon all our funded debt, but the interest accruing on that part not funded, remaining unpaid, necessarily increases our indebtedness. To avoid this result it will be necessary to raise the amount of interest so accruihg, and apply the same as a sinking fund until called for by the public creditor. Without greatly increasing our taxation, a permanent sinking fund may be established and sustained by our specific taxes when the same shall have increased as already intimated, and as by the terms of the sales of our railroads is made certain. This fund, upon the principle of compound interest, though it may not in the beginning exceed $25,000 or $30,000, will, with small annual increase, in a period of twenty or twentyfive years, according to the amount appropriated, wholly extinguish our public debt. Table "M," in the auditor-general's report for 1849, mathematically demonstrates that a sinking fund of $50,000 without increase, or one of $30,000 increased 4 per cent. annually, will, at compound interest, pay the debt of the state, now about $2,000,000, in a period of twenty-one years. Towards the close of the last century an eminent English statesman, when shown the immense accretion from compound interest, provided a ï~~JOHN S. BARRY 171 sinking fund, based upon that principle, to extinguish the national debt of England; and, but for the intervening wars upon the continent,, by reason of which the fund thus set apart was diverted, by a mistaken policy, to other uses, his success had been certain, and the vast public debt of that country had, in due time, been extinct. It behooves the statesman of our own country to take warning from the misfortunes of other nations, and, viewing the causes of their decline or embarrassment, by timely application of corrective measures, to avoid, or at least, as far as may be, to mitigate the evils that always result from a course of misguided and misdirected public policy. No evil, self-imposed, is ever likely to prove more injurious, in its present effects and ulterior consequences, to our own state and nation, than a large and permanent public debt. It is the bane of all governments, and more especially, of governments based upon republican principles. The public debt of Michigan, with which we have immediate concern, now within control and small, as compared with our population and resources, may be extinguished upon the principles suggested, under faithful public servants, without essentially, and scarce perceptibly, increasing public taxes. As an inducement to make the effort and to persevere in its accomplishment, we have the encouraging assurance that, when our object is effected, no further state tax will ever be required. The specific taxes will thereafter afford an ample revenue for all purposes of state government. The Internal Improvement lands are no longer a source of revenue. The large, if not wasteful, appropriations by the legislature of 1848, not only included the residue then remaining, but also a large quantity previously disposed of. The appropriations then made, amounting in the aggregate to 186,000 acres, produced but inconsiderable good, while, at the same time, they absorbed $232,500.00 of the resources of the State, being a sum equal to the minimum price of the lands, for which they would have been sold, and for which provision must now be made by resort to taxation. The sum of $17,137.20 has been advanced from the treasury to defray the expenses incident to raising the Michigan volunteer regiment, for which requisition by the general government was made upon the State during the late war with Mexico. By rules of the War Department, established after the advances had been made, and of course unknown to the disbursing officers, the claim of the State for reimbursement has been rejected. A resolution passed by Congress authorizing the payment of the sum expended, or of such. sum as has been paid in other States for like purpose, seems now the only way by which the matter can be brought to a satisfactory conclusion. The receipts on account of sales of public lands during the past year, are, ï~~172 MESSAGES OF GOVERNORS OF MICHIGAN For Primary School-Lands............................ $41,083.84 For University Lands................................. 6,560.09 For State Building Lands............................. 3,203.00 For Internal Improv't Lands.......................... 85,188.82 For Asset Lands..................................... 1,000.00 For Salt Spring Lands................................ 4,830.88 Amounting in the aggregate to....................... $141,866.63 Of the Primary School lands, 120,728 42-100 acres have been sold altogether, of which, 9,602 41-100 acres were sold during the year past. The Commissioner of the State Land Office estimates that 614,000 acres in the Lower Peninsula, and 500 square miles in the Upper Peninsula, remain unsold. Of the latter, ten square miles lie in the trap range, and contain, as he believes, copper are. The whole amount of University lands selected was 44,416 31-100 acres, of which 20,692 2-100 acres have been sold, leaving now on hand 23, 724 29-100 acres subject to sale. During the last fiscal year 382 48-100 acres have been sold, including a portion of the lands situated near Toledo; which latter have all been appraised and brought into market. Of the Salt Spring lands we are now informed, by the Commissioner of the General Land Office, after the lapse of many years, that twelve sections, lying in Wayne and Macomb counties, duly selected and confirmed to the State, had been disposed of by the government prior to the passage of the law authorizing the saline selections; and also informed by the same authority that the Secretary of the Interior is of opinion that other lands, in their stead, cannot now be selected, and that Congress alone possesses the power of granting relief. In the adjustment of our claim arising out of this error, committed in the General Land Office, the State should be entitled, not to an equal quantity of other lands that might at this time be selected, but to the present value of the lands originally selected, and now after so long a period, found to have been previously sold. Of the half million acres granted by the general government for purposes of Internal Improvement, 7,495 59-100 acres were selected in the Upper Peninsula; but their confirmation being refused, the Commissioner recommends that other lands, in their stead, be taken in the Lower Peninsula. These lands, as already stated, including those to be selected, have all been disposed of in sales and appropriations; and the sales reported the past year were, in fact, but a surrender of outstanding warrants for certificates of land in which the warrants were redeemable. As so small a portion of the a et lands, received from the Michigan State Bank, have been sold, the 0mmissioner recommends that they be ï~~JOHN S. BARRY 178 again appraised and offered at a minimum more nearly approximating their just value. A recurrence to the subject of the lands last mentioned involuntarily but forcibly recalls to mind the immense fraud perpetrated by that institution upon the state; and constrains us to enquire by what omission of duty or by what strange and unaccountable overturn of justice, it is now permitted to exercise corporate powers and to perform the functions of a bank? The question of banks, which has so long agitated the public mind, may by possibility, be brought to your consideration during your present session. Upon this complex subject, I have, heretofore so often, and so fully given my opinions that I need not, at this time, detain you by their detailed recital. The ingenuity of man has never yet been able to devise an unobjectionable and practicable system of banking that furnished a certain and safe circulating medium. The losses sustained by the failure of banks immeasurably exceed any supposed benefit that may have accrued from their institution; and yet, so infatuated are many, that they seek redress, not, as would seem natural in the suppression of banks, but in their farther increase. It is now claimed that bank paper, secured by the deposit of State and United States stocks as collateral security for its redemption, constitutes a currency that can never become greatly depreciated, and must, in all cases, be ultimately redeemed; and that banks, with this requirement, may be established with advantage and safety. This is the last phase of the subject presented by its advocates, and the project, on examination, will be found as indefensible as others that have preceded it. Its trial will prove but another ineffectual attempt to uphold and improve a system, so defective' in its formation and so faulty in its constituent elements, that by repairing one of its imperfections, another and a greater is thereby discovered. Admitting greater safety in the proposed circulation, and waiving now consideration of the uncertainty and fluctuation of public stocks, the fatal objection remains that the establishment of banks, upon this principle, supposes and requires the perpetuity of the public debt, when all correct principles of political economy demand its redemption at the earliest possible period. Should this State and other States be dotted over with banks, and their circulation thus secured, we may well anticipate a crisis wilen their power, as ever antagonist to the power and interest of the state, will be wielded, and perhaps, successfully, to secure a renewal and increase of public stocks required for their use. Among the means to be used, not to mention those of a more debasing character, we may suppose that visionary and extravagant schemes of improvement will be encouraged, wasteful expenditures made, and other improvident legisla ï~~174 MESSAGES OF GOVERNORS OF MICHIGAN tion advised; for banks, when their interest and existence are at stake, will not be scrupulous of the measures employed to promote the one and to secure the other. In this manner, the banking system, now proposed, may, in no small degree, contribute to the increase and renewal of the public debt; and thus one evil, grievous and intolerable itself, may be made an effective agent in the perpetuation of another still more burdensome and pernicious. Supposing, however, that all public stocks are redeemed and cancelled at the time they become due and payable, what then is to form the basis of this new scheme of banking, and what then is to constitute the security of bill holders? Bankers will never consent to furnish an unproductive specie capital as security for their good faith. Their financiering operations would thus be rendered unproductive; and, besides, the government should never be made responsible for the safe keeping of the money of individuals. Of the whole sum in stocks now hypothecated with the state treasurer, seven-eighths are redeemable before the expiration of the charters of the banks, from which they are received, and above one-half is either redeemable at the option of the government or within a period of three years, and no law exists requiring or authorizing other stocks or security to be substituted. Other objections exist to the scheme. It enables the banker to obtain double interest for his money. He receives interest on the debt which the government owes him, and also interest on the debt which he owes to the public. He lends his money to the government and receives interest on the loan, and, thus far, the transaction is legitimate and defensible; but he then pledges the evidence of the loan made, and receives permission to borrow, on its faith, an equal sum of the public, and also to receive interest on the sum he borrows; and here the transaction becomes objectionable and indefensible. Capital, by its superior influence upon legislation, is thus enabled to lay double tax upon labor; for the interest, in both cases, must be paid by the productive industry of the country. Capital lent to the State, requiring its temporary use, justly entitles the lender to a return of interest; but bank paper based upon and reflecting merely its shadow, costing nothing and worth nothing, serves only to enable speculators to seize upon and appropriate to their own use the property which the labor of others has produced. California gold, now so plentiful and still increasing, coined into eagles and half eagles, is likely to afford a sufficient and satisfactory circulating medium, and every attempt to furnish a safer or better will signally fail of success. If, however, it be urged that banks are already so generally established, and their paper so universally used as a currency, that the system must, in some form, be continued, I still have no doubt that the best ï~~JOHN S. BARRY 176 interests of the state will be served by firmly rejecting at this time all importunities for their establishment or recharter. In the approaching convention the subject will, no doubt, be considered in all its bearings; and, as that body can give no legal existence to institutions of the kind, it will be the better qualified, disinterestedly and dispassionately, to discuss and adopt principles which, divesting banks of their odious features of monopoly, and being otherwise salutary and general in their application and stringent in their character, will best prevent the abuse of chartered privileges and more effectually secure the public from loss. The sale, wisely or unwisely made, of the works of internal improvement, relieves you and every department of State from much onerous and perplexing labor. The time, hitherto devoted to this subject, made embarrassing by conflicting claims and opposing interests, will now be applied to the current business of your session, and its duration thereby in proportion diminished. It is made my duty to communicate to you the condition of the state, and I have, therefore, adverted, in this communication, to several topics, not for the purpose of advising legislation upon them, but in compliance with the requisition of the constitution. I am not aware that any subject, general in its character and application, now requires legislative action; and, it is believed, that the consideration, of local subjects may with advantage be mostly postponed to a future time. Alterations of our general laws, at a period immediately preceding the entire revision of the constitution, cannot be wisely or usefully made; and the new constitution will, probably, contain provisions by which corporate associations may be formed and local regulations established under general laws required to be passed by a future legislature. Excessive and unwise legislation has, perhaps, more than any other cause, retarded the prosperity of the State; and protracted sessions of the legislature have caused a great and wasteful expenditure of public money. The progress made in the science of legislation, since the organization of our state government, will, it is believed, in the constitution to be adopted, enable the people, if not entirely to prevent, at least measurably to check, these evils which are causes of complaint. As so few subjects require attention at your present session, you will be relieved after only a short sacrifice of time devoted to the service of the State; and in the discharge of duties imposed, your acts, I doubt not, will be governed wholly by consideration of public good. JNo. S. BARRY. ï~~176 1MESSAGES OF GOVERNORS OF MICHIGAN March 20, 1850 - From Jowrnal of the Senate, pp. 548-552 To THE SENATE: I herewith respectfully return, without my signature, to the Senate, in which the same originated, "a bill to encourage emigration." I always regret a difference of opinion between the Legislature and myself; and, in the examination and consideration of bills, where doubts have arisen in regard to the course of duty, it has been my practice to yield such doubts in favor of the decision to which the immediate representatives of the people have arrived. This bill proposes to send a particular individual to New-York, there to reside for a period of seven months, whose duty it shall be during that time to encourage emigration into this State, and appropriates to that individual twelve hundred dollars for the service to be by him performed. The American people will receive with open arms the exile and the down-trodden of all nations of the earth, and admit them, without discrimination, to share the benefits of equal laws and the benign influences of republican institutions. The industry of the emigrant from the densely settled countries of the old world, finds with us a specious field for its exercise, and secures to him, without fail, an ample reward. The rich and fertile, but as yet uncultivated, lands of the west and northwest require but the application of labor to ensure to the settler and occupant rich and abundant harvests. Under the labor of the husbandman the wilderness recedes as if by magic, and cultivated fields occupy its place. Competence and independence are here within reach of all. In a comparatively short period of time European emigrants lose the distinguishing traits of their own national character, and, merging into citizens, speak our language, acquire our customs and become Americans in fact, as they were previously in feeling. Few in the old world, with sufficient means to pass the sea that divides us, but, with a reasonable degree of industry, may here ameliorate their. condition, and, in a few years, secure for themselves and their children a comfortable and happy home. In conferring these advantages our own country sustains no injury; but, on the contrary, its prosperity and greatness are thereby promoted. Its vastness of extent and extraordinary fertility assure a home to all who shall seek it here for ages to come. The peculiar advantages of our own State offered to the immigrant, whether from our sister States of the east or from the nations of Europe, if they do not excel, are yet inferior, in no degree, to those offered by other western States and Territories. Our climate is favorable to ï~~JOHN S. BARRY 177 health, and peculiarly adapted to the cultivation of all the cereal and other productions of the temperate zone. Its lands are unsurpassed in fertility; its borders are surrounded by great lakes; and its broad surface is intersected by numerous large and navigable rivers; and, whether the immigrant has in view desirable locations, cheapness of lands, productiveness of soil, advantages of convenient intercourse, or facilities of transportation to market, the Peninsular State affords, in an eminent degree, all the advantages that may elsewhere be found. In conferring political privileges upon the foreign resident, no State has exceeded our own in generous liberality, and no where else has the foreign immigrant received a warmer or more sincere welcome than from the liberal and magnanimous people of Michigan. He is welcomed to our homes and firesides and made to partake of our kindness and hospitality; and the very difference of nationality that exists, ensures him, as a stranger, a more hearty reception and a greater degree of kind attention. His wants are cared for and his objects promoted. The peculiar advantages offered to the immigrant by Michigan are so prominent in their character, that they must be known to all seeking a home in the west, and should we express too much anxiety upon the subject and make an unexampled effort to turn public attention to our State, we might thereby create a distrust of the reality of our representations. Indeed, it may well be questioned whether the manifestation of too much anxiety to induce emigrants to settle amdngst us may not in fact, by exciting their suspicion, drive them away. The settlement of the State has not been retarded from a want of information diffused abroad in regard to the great facilities it offers to commerce, agriculture and manufactures. The causes retarding settlement, besides our situation in regard to the course of navigation upon the lakes, if any exist, may be found in the fact that, at an early day, large tracts of public lands were taken up and held for speculation on terms beyond the means of most immigrants, and in the failure of the State to maintain its credit by meeting the interest on its public debt. These causes no longer exist. The, lands held on speculation have mostly been disposed of, and, by the practice of a strict economy, public credit is restored. The interest on our debt is promptly paid as the same accrues, and soon, I hope, we shall provide a sinking fund that, at no distant day, will entirely extinguish the principal itself. To do this, however, we must continue to husband our resources with prudence and apply our means to the liquidation of our indebtedness, so far as the same may be spared from the expenses of the State government economically administered. The high financial character and commanding position which Michigan now maintains, and the prosperity which characterizes her people, will far more contribute to her future ï~~178 MESSAGES OF GOVERNORS OF MICHIGAN settlement than the efforts of special agents employed for that purpose. All the most flourishing and important of our settlements of foreign immigrants were established without the intervention of any agency; and, under existing circumstances, there is little reason to doubt that we shall in future receive a full share of the increasing tide of emigration from the old to the new world, as well as of that from the eastern to the western portion of our country. In 1845 an appropriation was made for the object intended to be effected by the bill now under consideration, and after making, as I supposed at the time, due investigation of the subject and a fair trial, I was induced to abandon the undertaking from the conviction that no adequate benefits would result from its further pursuit; and such, I believe was the opinion of the agent employed. About one-fourth of the appropriation made was expended and the balance now remains in the treasury. My own views, however, so far as they relate only to the expediency of the measure, involving no constitutional principal, I might feel inclined, under ordinary circumstances, to yield to the decision of the Legislature; but the entire want of proper detail must deter me, under a sense of duty to the people, from giving my assent to the present bill, in the form in which it is now presented. The duties of the agent are not defined. He may or may not, at his option, expend a portion of the amount appropriated in diffusing information by publishing pamphlets and in other ways, or he may retain it all as a salary. He is not made accountable or responsible for his acts; and, however he may abuse his trust, no sufficient and summary mode is provided for his removal and the consequent saving of the money of the State from loss. In case of his death, resignation or.inability to perform the duties required, no provision is made for filling the vacancy. The operation of the bill would be little else than to grant as a gratuity, the whole sum appropriated to the individual named, for whose interest it seems better adapted than for the interest of the State. I deem it inexpedient and for the most part, improper to legislate an incumbent into office in they same act by which the office itself is created. If the public good requires the creation of an office, it should be established, I think, without reference to the particular individual who may be called upon to discharge its duties. Without expressing or entertaining any wish in regard to the manner of the appointment, I may be permitted to say that I incline to the opinion that the person appointed for such an agency should, if possible, be a naturalized citizen, native of the country from which emigration is mostly expected, of high standing, great moral worth, and purity of life, possessing the confidence of his countrymen, speaking their language, and by consequence, intimately acquainted with their customs and ï~~JOHN S. BARRY 179 predilections. Of the propriety of this I was convinced by the investigation of the subject made in 1845, and, if it had been deemed advisable at the time to have expended the remaining portion of that appropriation, such person, if to be found, would have been selected. With the sum named in the bill, I doubt not the services of. such a person might be secured for a full year, he residing'in New York, if deemed advisable, during the season of navigation, and spending the remainder of the time in his own native land where he could more effectively perform the object of his mission and better serve the interest of the State. Indeed it is a well known fact that the direction of emigration can scarcely be influenced except at the point from which it first sets out, and the proper influence there exercised will be much more effectual than any efforts made in New York or elsewhere. A great, if not an insuperable, objection to the establishment of the mission, at this time, is the extraordinary expenses to be incurred the present year consequent upon calling a convention to revise the constitution of the State. The amount of appropriations already made, and which, under existing laws, must be made for the support of the State government, will greatly exceed the taxes for the year. Should the bill now pass, the sum appropriated by it could not be supplied from the treasury but by first borrowing the money to be expended under its provisions. JNO. S. BARRY. ï~~1851 February 5, 1851 From Joint Docunwcts of the Legislature of the State of Michigan, pp. 1-28 FELLOW CITIZENS OF TIlE SENATE AND HOUSE Ol' REPRESENTATIVES: The interests of the State are, for the time, committed to our care; and we should be emulous to excel in the discharge of the duty thus imposed. Michigan, though early discovered, has been but recently settled. Twenty years ago its population was inconsiderable; in 1840 it exceeded 200,000. During the last decade it has nearly doubled, and will doubtless continue to increase in a like ratio. The development of its vast resources has scarcely yet begun. Its mines of Iron and Copper are inexhaustible; its forests afford unfailing supplies of lumber; and its agricultural, commercial and manufacturing advantages are unsurpassed. Its climate is salubrious, and the cereal grains and other productions, adapted to the latitude, attain here their greatest perfection. The facility of transforming the wilderness to cultivated fields is no where else exceeded; and its lands not surpassed in fertility. Its surface is intersected by railroads and navigable streams, and its borders surrounded by inland seas, all affording advantages of intercourse and facilities of transportation elsewhere sought in vain. Waterfalls, suitable for propelling machinery, are found in every direction; and the manufactories of the east, in iron, in copper, in wool and in cotton, may with advantage be transferred to Michigan. The raw material for the three first named is produced on the spot, and the cotton of the south may be transported here, with greater facility and cheapness, than to any point in the Atlantic States. And the provisions that are required for subsistence may be obtained, in abundant supply, at every point, without the enhancement of price consequent upon transportation. Indeed, it is not visionary to predict that, at no distant day, the manufactures of Michigan, especially of articles made from the commodities named, will not only supply the home demand, but seek a market in all parts of the Union and in foreign lands. The navigable rivers of the State, and the great lakes that surround it connected as they are with the Atlantic, the Gulf of St. Lawrence and the Gulf of Mexico, afford unrivalled advantages to interior commerce, and secure to agricultural products a ready transit and a certain market. Labor and capital, which will be timely supplied, are now only wanting to develop the resources of Michigan, and and to secure to her that high rank which she is destined to take, and ï~~JOHN S. BARRY 181 that influence which she is destined to exert in the constellation of States, of which she forms a part. In view of the manifold blessings bestowed upon us as a people, and impressed with a just sense of our dependence, we have abundant cause to return thanks to the Supreme Ruler of the Universe, and to solicit a continuance of Divine favor and protection. In the political history of Michigan a new epoch is created by the adoption of a new constitution; and the representatives of the people now assembled, are required to give effect to its provisions. The unanimity with which that instrument has been adopted, commends it to our favorable consideration. It is now the supreme law of the State, and while it remains in force, must be respected as such, and its requirements obeyed. In many respects it is doubtless an improvement on our former organic law; and, as time shall discover its defects, it may be so amended as more nearly to conform to the progressive spirit of the age in which it is our fortune to live. The adaptation of the laws of the State to its provisions will be among the principal duties of your present session. The most important alterations required I shall attempt to designate in this communication; and the Attorney General will, I doubt not, communicate all necessary details for your guidance. The first election of judges of the circuit courts, under the revised constitution, is required to be held on the first Monday in April next, in the several circuits, and some provision of law, will be required, designating the time, place, and manner of canvassing the votes given. The distinction between law and equity proceedings, as far as practicable, the Legislature is required to abolish; and the office of Master in Chancery being prohibited, the duties devolving upon that officer must be otherwise performed. The Legislature, if deemed expedient, may provide for the election in each organized county, of one or more persons to be vested with judicial powers, not exceeding those of a Judge of the Circuit Court at chambers. The jurisdiction of justices of the peace is increased, with exceptions and restrictions to be prescribed by law. The first election of judges of probate will be on the Tuesday succeeding the first Monday of November, 1852, and every fourth year thereafter, A law will be required regulating the manner of demanding trial by jury in civil cases, when such trial is not waived under provision of the constitution. It will be the duty of the Legislature, at its present session, to apportion the members of the House of Representatives among the several counties, and to designate the Senate districts, as required by the constitution. It is made the duty of the board of supervisors to divide into representative districts the several counties entitled to more than ï~~182 MESSAGES OF GOVERNORS OF MICHIGAN one Representative, and the Legislature must prescribe the time and place of performing that duty, and also the manner of canvassing the votes given in each district. The population of the several counties and townships, to be made the basis of the required apportionment, will be communicated to you in the statistical report of the Secretary of State. The Senate must consist of thirty-two members, and the House of Representatives of not less than sixty-four, nor more than one hundred members. After the expiration of the term of the present State Printer, all public printing must be let by contract to the lowest bidder; and all supplies of fuel and stationery furnished in the same manner. An act on this subject will be required, and also some provision in regard to notices published in the State Paper, which is to be abolished. Cases of vacancy in public offices, and the manner of filling the same, when not provided for in the constitution, may be determined by the Legislature. If the provisions of the new constitution in regard to filling vacancies be construed to apply only to offices, of which the incumbents were elected or appointed since its adoption, then further legislation will be required under which may be filled vacancies occurring in any of the offices held by the present state officers and judges of the supreme court. Existing provisions of law in regard to elections will require modification. The oath to be administered to electors in case of challenge must be made to conform to the new constitution; general elections are to be held biennially and. the time is changed. The commissioner of the State land office is to be added to the number of State officers to be elected. A district judge and a district attorney are to be elected in the Upper Peninsula on the last Tuesday of September; and county officers, State Senators and Representatives in that district are also to be elected at the same time. The place for holding the district canvass must be designated by law. It is made the duty of the Legislature to provide for the payment of all expenditures of the late Convention. Existing laws on the subject of gxemptions will iequire modification, especially in regard to personal property. The Legislature is prohibited from passing any act authorizing the grant of license for the sale of ardent spirits and other intoxicating liquors; and it may be made a question how far such enactments, now upon our statute books, have the force and vitality of law. It is, however, made your duty to adapt the present laws to the provisions of the revised constitution; and a fair interpretation of that instrument would seem to require the abolishment of the license system hitherto in force. The repeal of all laws regulating this traffic will leave every individual at liberty to pursue it, as he may deem advisable, without restraint. ï~~JOHN S. BARRY 183 It will, however, be competent for the Legislature to prohibit, in whole or in part, by annexing penalties to the violation of any restrictions imposed. A modification of existing laws, regulating the reports of State officers, will be required. These reports are now made annually to the Legislature; but as that body will henceforth hold biennial sessions, some further provision must be made upon the subject. A law will be required to define the duties of Supervisors of the several counties in regard to damming and bridging navigable streams, an authority now conferred upon that class of public officers. The power conferred on the board of Supervisors for laying out highways, constructing bridges, and organizing townships, should be defined, limited and restricted in such manner as may be best calculated to promote public good. And such powers of a local, legislative, and administrative character, as the Legislature may deem advisable, under the constitution, to confer upon organized townships, incorporated cities and villages, and upon the board of supervisors, should be so certain and definite in their character as to prevent all misconception of their scope and intent, and, at the same time, so analagous to the proper objects to be effected, that, in their exercise, the intended sphere of action may not be exceeded. Among the duties of your present session will also be that of dividing the State into congressional districts.' The number of the members of the House of Representatives of Congress will be two hundred. and thirty-three, to be apportioned among the several States according to their representative population. On the return to his office of the result of the enumeration of the inhabitants of the several States, the Secretary of the Interior is required to make the apportionment of representatives, and, without delay, transmit to the Executive of each State a certificate, under his seal of office, of the number of members apportioned to such State. I have not yet received this certificate, and consequently can not communicate to you the number of representatives to which this State will be entitled. It may reasonably be expected within a short time, and when received will be immediately transmitted. Should, however, its reception be delayed, it may be advisable, before your adjournment, to take such action upon the subject as will enable the people to elect representatives to Congress at the general election in 1852. Knowing the number of the population of our own State, and that of most of the other States, it will) I think, be safe to assume that the number of representatives to be assigned to Michigan, under the law of Congress named, will in all probability be four, and certainly can not exceed five. The State, then, may be divided into four districts, as the probable number of representatives, and, if deemed expedient, provision may be conditionally made at the same time, for five districts, ï~~184 MESSAGES OF GOVERNORS OF MICHIGAN in case that number be required, of which notice may be given by executive proclamation, or in some other appropriate manner. The term of one of our Senators in Congress expiring on the third day of March next, it will devolve on the present Legislature, within ten days after the commencement of its session, to elect a successor. Corporations, except for municipal purposes, can only be established under general laws. A law authorizing the establishment of banks must, before it takes effect, be submitted to the electors of the State at a general election, and approved by a majority of the votes given upon the question of its approval. The limitations and restrictions imposed upon corporations, so to be formed, are particularly designated in the constitution, and need not be here repeated. It is, however, competent for you to superadd such other limitations and restrictions as you may deem advisable, not inconsistent with those enumerated in that instrument. Associations of individuals with corporate powers, in many cases, possess advantages that materially aid in the prosecution of some legitimate enterprise, which, without such powers, could not be undertaken with prospect of success. The most material advantage conferred by an act of incorporation is, that the business of an association, under its provisions, is in no way affected by the death of one or more of the corporators, but may be continued by the survivors and heirs of the deceased without prejudice or delay. Some enterprises, such as the construction of lines of Railroads and plank roads would hardly be undertaken or prosecuted with success but under corporate powers; and to associations for such purpose we may give more extensive privileges than to those formed for less hazardous and less extensive undertakings. By a vote of two-thirds of the members elected to each house, acts of incorporation heretofore granted may be altered or amended; but a previous notice of any application for such alteration must have been given in a manner prescribed by law. As no law now 'exists applicable to the case, it will be the duty of the Legislature to make the necessary provision. Under the new constitution, banks will be divested of the obnoxious features of monopoly, which have constituted one main objection to their existence. The security of State or United States stocks, bearing interest, to be hereafter deposited with the State Treasurer, constitutes perhaps a sufficient guarantee at present for the redemption of their notes issued as money; and if no other or further view was to be taken of the subject, banks and paper money might now be considered as established upon a sure foundation, and. perfection attained in the financial world. ï~~JOHN S. BARRY 185 The very existence of State stocks can, however, for the most part, be traced to the evil effects of paper money, to the spirit of overtrading and speculation consequent upon its over issue; and the tax now to be imposed on industry to provide means for their redemption is the penalty we are required to pay for our previous infatuation and folly. If banks, then, in the failure of all other schemes, can have no safe foundation, but in the evidence of public misfortunes, traceable to their own pernicious effects, it affords at least presumptive evidence that the evils of the banking system are so far inherent and inseparable, that little hope can be entertained of results more favorable in future. A public debt, of which the stocks are but the evidence, is now no longer considered a public good; and the principles of political economy, requiring the early payment of all public indebtedness, are everywhere conceded to be just. In our own State, the members of the late constitutional convention not only made it imperative upon the Legislature to pay off the existing debt of the State, but prohibited it from incurring similar liabilities in future. In other States a like feeling exists, and comparatively but few years will elapse before all public stocks, State and national, will be redeemed. The restrictions laid upon the establishment of banks, in requiring this class of securities for their paper issues, for whatever purpose designed, must, if persisted in, result in their entire extermination at a period not remole. With the lapse of every year the amount of stocks outstanding will be diminished, and the number and capital of banks, for want of the required securities, must likewise diminish, until, with the redemption of the public debt, the entire system of banking, with all its ramifications, ceases to exist. This result is inevitable, and I have no doubt that the advocates of paper money so understand it. The plan of furnishing public stock securities was adopted by bankers as a measure necessary to satisfy public complaints; but under the hope and expectation that some other expedient might in time be devised, and, in the changes of public opinion, successfully offered as a substitute. Indeed, the inadequate supply of public stocks being apparent, and the future diminution of their amount certain, stocks of municipal and other corporations have already been recommended, from high sources, to be substituted in their place as a proper and sufficient security for the redemption of paper money. The immense losses heretofore sustained from failure of banks and depreciation of their paper, far exceeding all benefits derived from those institutions, afford us sufficient admonition to admit of no security of fluctuating or uncertain value, and which is not, at all times, convertible into money without loss. The insufficiency of the security proposed is so manifest that reasons hardly need be adduced to show it. The stock of one incorporation furnishing the capital and security for an ï~~186 MESSAGES OF GOVERNORS OF MICHIGAN other, would afford ample provision for the multiplication of banks and the increase of a paper circulating 'medium, as worthless as it would probably be plentiful. Should the efforts made to substitute securities, other than those designated in the constitution, fail to afford a prospect of success, any plan, in the financial affairs of the State, likely to prolong the redemption of the public debt, will be acceptable to those interests in the establislnent of banks, and receive their united support. Happily for the State no further public debt can be contracted, except under circumstances not likely to occur; and though attempts may be made to divert, under various pretexts, to other uses, funds designed to cancel existing obligations, yet with faithful agents in charge of public affairs, and none others should be selected, such attempts must ever fail of success. The true interests of the State require the early payment of its debt; and we may dismiss banks and bankers, to seek their capital and securities wherever else they can find them. The substitution of other securities cannot be effected except by a direct vote of the people, and therefore, need not be apprehended. The great anxiety of bankers to furnish a paper currency, is not the result of a desire to confer a benefit upon the public, but to secure advantages for themselves. Wealth is the product of labor; but wealth has always had, and perhaps will always have, an influence upon legislation greater than labor. Of all schemes devised to secure wealth without labor, the issue of paper money is best calculated to produce that effect; and it is for this reason that so much anxiety has always been manifested for the establishment of banks. If corporations under general laws are likely to be numerous, especially those of a local character, it will but be doing juistice to the localities in which they are situated to impose upon them, as well as upon existing corporations, the obligation of paying local as well as specific State taxes, taking care that, in the aggregate, the amount paid does not exceed that levied upon other property of like valuation. It is worthy of inquiry whether fomeign corporations, transacting business in this State, should not also be made subject to taxation for the exercise of their franchises within our limits. A similar tax has long been imposed in other States, and sufficient reasons exist for imposing it here. Individual liability is a well known principle of law, applicable to all associations of partnership without corporate sanction; and I see no reason why it should not also be made applicable to all corporate associations. If the State is to be considered responsible for the safe keeping of the public stocks deposited by banks, the amount of bonds required ï~~JOHN S. BARRY 187 of the State Treasurer, having them in charge, is in no degree commensurate to the trust imposed. Though Michigan, as has been stated, possesses immense mineral wealth, and advantages unrivalled for manufactures and commerce, its citizens, for a long time to come, must depend, in the main, upon the cultivation of its soil. In the development of the resources of a new State, agriculture, affording as it does the means of immediate subsistence, will always take precedence of other interests; commerce and ma iufactures will follow; and all combined, in due course of time, secure to a free people prosperity and happiness. An agricultural people isolated whose territory, however rich, affords no' advantages to commerce and manufactures, while they may obtain a comfortable subsistence, must yet be comparatively poor. In a State like Michigan, where these advantages abound, when agriculture has arrived at a prosperous condition, all other elements of wealth spring up as a necessary result. In view of the paramount interest of agriculture, the framers of the constitution, while they did not fail to provide for intellectual and scientific instruction, at the same time enjoined upon the Legislature the duty of promoting agricultural improvement, and the establishment of an agricultural school. Opinions yill be, perhaps, in some degree divided, whether the school contemplated shall be one of manual labor with farm attached, or one in which the theory and science of agriculture alone shall be taught. It will be the province of the Legislature to determine its character in this regard; but the object to be effected should be kept in view, and the best method of inculcating agricultural improvement adopted. Of the salt spring lands, the Legislature is authorized to appropriate to this purpose twenty-two sections; but of these lands less than fifteen sections remain unappropriated, exclusive of the twelve sections mentioned in another part of this communication, erroneously confirmed to the State, after their sale, by the general government. The appropriation, therefore, must be limited to the sections on hand, at least until the action of Congress be obtained upon our claim for the remain der. It may not be fruitless of results to inquire whether, by some appropriate legislation, with small expenditures, you may not put within reach of the husbandman a knowledge of the improvements made in,the implements of agriculture, and also communicate tq him the discoveries made by the application of science to this pursuit. Universal education of the masses is the only sure guarantee of the permanency of a republican government. Without general intelligence, a people can neither know nor appreciate the benign influence of free institutions. If ignorance and consequent degradation characterize the ï~~188 MESSAGES OF GOVERNORS OF MICHIGAN mass of a nation, the despotism of a tyrant, or the worst despotism of anarchy, characterize its government. All history, whether ancient or modern, affords abundant and satisfactory evidence of this. Common schools are designed for the education of the masses, and so beneficial is their influence tijat their discontinuance would not only work a great evil to society, but endanger even the permanence of our political institutions. In a government so complex, and embracing relations so delicate as ours, greater intelligence and consequent moral power is required for its maintenance than in governments otherwise constituted; and these alone will secure, if any thing can secure; its indestructible perpetuity. Few new states have exceeded Michigan in providing for the education of youth. The grant of every sixteenth section, as far as possible, in the settled portions of the State, has been made available, and further means have been provided by taxation, so that the whole amount expended for the promotion of common schools, including voluntary contributions, will favorably compare with the expenditures of other and older States for the same purpose. One step more is required to secure to all the children of the State the benefits of a common school education, and that step is the establishment of free schools. Though hitherto the charge of tuition has always been remitted to those not able to pay, yet, from a sentiment of delicacy or pride, the poor have not, in all cases, sent their children to school. By provision of the revised constitution it is made the duty of the Legislature, within five years, to provide for and establish a system of primary schools, to be kept in each district of the State, at least three months in the year without charge of tuition. A provision of this kind cannot but meet the cordial approbation of every patriotic individual and well wisher of his country. The taxation necessary to carry this into effect, will hardly exceed that of the last and previous years collected for the purpose of education; and the common school will, in name and in fact, be free to all. Complaint of taxation, for the purpose of education, has scarcely ever been made; for the proprietors of estates, though without children to educate, have property to protect, and the tax paid is but a small premium advanced for insurance of its safety. The number of children in the State reported between the ages of four and eighteen years is 132,234, and the whole number that have attended school the year past is 110,478. The expenditures from the primary school interest fund are as follows: School moneys apportioned.............................. $42,794.44 Expenses Superintendent Public Instruction............... 263.09 Appraisal and advertising forfeited school lands.............372.65 ï~~JOHN S. BARRY 189 Improvement on school section at Lansing................... $488.29. Over-paid interest refunded............................... 3.00 Total............................................... $43,921.47 The moneys here mentioned as apportioned to schools are derived solely from the primary school interest fund; and, of course, do not include any sums raised by taxes or otherwise contributed. After the liquidation of the public debt, the primary school interest fund will be greatly increased by the addition thereto of all specific taxes collected in the State. The number of students in the department of arts and sciences in the University is 64; and the number in the medical department exceeds 80. The whole amount paid last year to the treasurer of the university, from the university interest fund, is $9,644.70. The organic law of the university makes it the duty of the regents to establish and maintain branches; but, from the insufficiency of the funds placed under their control, they have not been able fully to comply with this requirement. The consequence has been that, from the want of sufficient institutions to prepare young men to enter the university, the number of its students, in the department of the arts and sciences, has been limited. Other causes have, doubtless, contributed to this result; but the main reason, I doubt not, may be found in the want of preparatory schools, constituting an intermediate grade between the primary schools and the university. The means at the disposal of the regents not being adequate, we must look for their establishment to some other source; as their existence, beyond doubt, is indispensible to the prosperity of the university, and the promotion of intellectual and scientific improvement made iniperative on the legislature. The Superintendent of Public Instruction suggests, as worthy of consideration, whether, in the absence of sufficient means to sustain the branches, we may not, with advantage, extend assistance to existing incorporated institutions of learning, on equivalent terms, and in such manner, as, working no detriment to the university, will make them tributary to that institution, and prevent, ultimately, that antagonism and rivalry which otherwise might arise. The advantages offered to the student, in the department of the arts and sciences, in the university of Michigan, are scarcely exceeded in the colleges of the older States; and the expenses of the collegiate course in the former are considerably less. And though the number of students are less than, with the advantages offered, we might have reason to expect, yet perhaps no other like institution not longer established, has contributed more to the promotion of science. The present class of students in the medical department, being the ï~~190 MESSAGES OF GOVERNORS OF MICHIGAN first formed, is unprecedentedly large. The inducements offered will, I doubt not, secure the attendance of an increased number in succeeding years. The regents are hereafter to be elected by the people, and the first election is to be held on the first Monday of April next, at the time of the election of judges of the circuit courts. A State Board of Education is also to be elected at the general election in 1852. The requisite provisions of law should be passed at the present session. The Board of Education have contracted for the erection of a suitable edifice for the State Normal School for $15,000; and of this sum $12,000 have already been paid the contractor, in notes and obligations donated by the citizens of Ypsilanti. Ample security has been taken for the completion of the contract by the first day of March, 1852, when it is expected the institution will be in readiness to receive pupils. The board of trustees of the Michigan asylum for the education of the deaf and dumb and blind, and of the asylum for the insane, will, in due time, present a report of their proceedings. The means appropriated, it is believed, will be found entirely inadaquate to effect the objects contemplated. The number of convicts remaining in the State prison at the end of the last fiscal year, was 131, and the average number, during the year, a little exceeded 119. Of the number in prison at the end of the year, 106 were in the employment of contractors, 5 at work on prison buildings, and the remainder at various occupations about the prison. The income for the year was:From contractors, for labor of convicts......................$9,167.34 " convicts' deposits................................... 26.87 For supporting United States convicts...................... 103.43 it rent, tailoring, articles sold, &c....................... 1,162.47 " visitors fees......................................... 240.47 From State treasury..................................... 6,000.00 Total income...............................:.........$16,700.58 The whole expenditure, during the same time, including the expenses of building and repairs, the payment of officers, and other miscellaneous items, was $16,736.44. The whole amount drawn from all sources and expended for the erection of prison buildings and maintenance and safe keeping of prisoners, as appears by the books of the Auditor General, is $297,582.90, of which $233,765.74 have been drawn from the State treasury, and the remainder mostly from contractors, for convict labor. In the expenditures here mentioned, no account is included or taken of the labor of convicts directly upon the prison, which has considerably varied, and, at different ï~~JOHN S. BARRY 191 periods, has been estimated at various sums, from $630 to $5,000 per annum. The prisoners were, for the most part, employed in building during the early period of the history of the prison, and the cost of their maintenance was consequently increased. Of the total expenditures made, $133,068.70 have been upon the building department, and $164,514.20 for the support and safe keeping of convicts, including the salaries of officers, and pay of guards and other persons employed. Of the latter sum, $117,830.25 was drawn from the State Treasury, and $46,683.95 from the revenue of the prison. The construction of the prison was commenced in 1838, and prisoners first confined there in the Spring of 1839, and 35 were committed during that year. The sum of $8,240.59, it is believed from a recent examination of vouchers and reports, should be transferred in the Auditor General's books, from the subsistence to the building account; but it is not deemed a matter of importance, as the aggregate will remain unchanged. The Agent urges the necessity of building immediately a fire proof kitchen, and advises an appropriation of $500 for that purpose, and which, I have no doubt, should be made. He also advises the construction of apparatus for generating gas to be used for lighting the prison, instead of oil. For the improvements suggested, necessary repairs, and expenses of the prison, $5,000.00 will, in his opinion, be required from the State Treasury the present year; but if the improvements and repairs be omitted, $3,000.00 will suffice for all other purposes. The agent also believes that but a mere trifle will be required from the Treasury in 1852, and nothing thereafter. The improvements made the last two years have been more extensive than, perhaps, a strict construction of law required or allowed. While it may not have been most judicious, in this respect, to have anticipated the wants of the State, for so long a period, the greatest, and perhaps the only evil likely to result, is the present want in other departments of the public service, of the money so disbursed. During the last year the agent has proceeded no further with improvements than to make available for use, buildings already erected; and the amount drawn from the Treasury is only one-half that of the year preceding. I have reason to believe that the internal police of the prison is well regulated and well enforced; that the agent and his subordinates are indefatigable in the performance of their duties; and that the sanitary regulations adopted are such as are well adapted to the preservation of the prisoners' health. The permission in the constitution to change the location of the prison from Jackson to the upper peninsula, confers, in reality, no power upon the Legislature which that body did not previously possess. No ï~~192 - MESSAGES OF GOVERNORS OF MICHIGAN information is in possession of this department- that would render such a change of location advisable. During the year under review, one convict was pardoned by my predecessor, and one by me, on the recommendation of the agent and physician of the prison, that being sick beyond the hope of recovery, he should be given to the charge of his friends who proffered to provide for his further wants. Since the close of the year, and a few days before the expiration of the term of his sentence, I also pardoned one other convict for the reason that the crime charged was committed when laboring under a state of mind bordering on monomania; and also for the further reason that lie had, on several occasions, rendered essential service to the prison by detecting and reporting plots of mischief among the prisoners. The judge before whom he was convicted, the prosecuting attorney, and the agent of the prison, concurred in recommending the pardon, for the reasons stated. The right to punish those who violate the laws of society is unquestioned; the degree of punishment and the manner of its infliction, present subjects of inquiry to the law-giver and the philanthropist. As the condition of society is ameliorated by the progress of civilization, the number of crimes expiated by capital punishment has greatly diminished; and, indeed, the general treatment of criminals, before and after conviction, is divested of much of its former severity. Moral power has been, to a considerable extent, substituted for physical power. Prisoners, though convicted of crimes, are no longer regarded as wild beasts of prey, to be kept in subjection by the application of blows. They are still to be considered as human beings, and in their treatment the principles of humanity to be made applicable, as far as may be, to their situation. Further amelioration of their condition we hope may yet be made, and the infliction of corporal punishment, now sometimes resorted to, wholly abolished. It is to be hoped that their safety and subordination may be secured by the substitution of milder means, which, when understood and judiciously applied, may prove equally efficacious. Punishment is the penalty for violating the social compact. It is inflicted as a warning to others, as a desert of the culprit and a means of his reformation. To deter others from the commission of crime, punishment should certainly follow its commission; and the exact degree of punishment meted out by the law, should also be inflicted. If, from a lax administration of the criminal code, many crimes go unpunished, and many others are punished but in part, the fear of punishment is diminished, and the intended warning to others not sufficiently accomplished. If the chances are great that the culprit may escape altogether, or that he may be pardoned or otherwise evade the extent of the law, the fear of punishment, which is the greatest restraint upon the vicious, will ï~~JOHN S. BARRY 193 afford but a feeble and insufficient check upon the commission of crimes. Not only is the certainty of punishment, but the certainty of full punishment, indispensable to serve as a sufficient warning to others. The intervention of the executive, unless it be in some extraordinary case, is, I doubt not, deleterious in its effects. In a few extreme cases, perhaps, pardons may be granted; but seldom, if ever, for the reason that the ends of justice are supposed to have been answered by the reclamation of the criminal, which is the most usual plea urged. In prison the least refractory and most docile is likely to be the most adroit and hardened criminal. Mere force he knows can never set him free, and, more than his fellows, he feels the necessity of submitting to circumstances, when no chances of successful revolt occur. A convict less expert, less discreet, and less obedient to the rules of discipline, is quite as likely to be reformed, and in that view, a proper subject for the exercise of the executive pardon. With the knowledge and belief that the term of confinement, fixed by the sentence, is to be the duration of punishment, prisoners and their friends are more contented, and their imaginations better calmed, than when their hopes and fears are excited with applications for pardon and the uncertainty of success attending such application. The provision of the revised constitution, requiring the Executive to communicate to the Legislature the number of pardons granted, and the reasons for the same, will, I doubt not, prove salutary in its effects. Applications will be less numerous, and confined to cases presenting reasonable cause for executive interposition. Our own prison, in regard to financial affairs, possesses advantages over those of many other States. Situated, as it is, in a highly cultivated and productive agricultural district, provisions of every kind are cheap; and, if the necessary investigation be instituted, it will be ascertained that the subsistence of its convicts, costs, on an average, nearly a third less than like subsistence in eastern prisons. In addition to this, the products of the labor of the convicts find in the west a more ready market, at higher prices, and without the charge of transportation. For these causes alone-the cheapness of subsistence, and the increased value of the manufactures of convicts-the prison of Michigan, in its financial affairs, should show more favorable results that the prisons of eastern States. To secure, then, to the greatest extent possible, the advantages named, it may not be amiss to inquire whether some re-organization of the existing arrangements or change in the present system, applicable to the prison, may not be made to lessen expenses and increase income; and thus secure a more remunerative administration of its affairs. It is not a local institution; all the citizens of the State are alike interested ï~~194 MESSAGES OF GOVERNORS OF MICHIGAN in its economical management. Expenditures, whether for building or maintenance of convicts, should, I think, be limited by appropriations of law, based upon estimates previously made, and no noney should ever be otherwise drawn from the treasury. In letting the labor of prisoners, a wider and more general scope should be given to competition. It can hardly be doubted that with the advantages of location mentioned, the labor of the convicts may be made adequate to the cost of their support; and there is good reason to believe that, under a new organization, dispensing, at least prospectively, with some of the officers now employed, and embracing with other reforms, an improved system of letting, the prison may be made a self-supporting institution. The report of the Adjutant and Quarter-Master General of the Militia, will present in detail the condition of that department. The returns of persons liable to perform military duty, required to be made by county and township officers, though more complete than in former years, are still deficient; and the Adjutant General renews his recommendation that compensation be allowed those officers for this service, in order to secure its performance with greater certainty. The military force of the State amounts in the aggregate, as near as can be ascertained, to 63,909 men liable to serve in the militia, and the quota of arms received from the general government last year was equal to 423 9-13 muskets, amounting in value to $5,508.90. For the use of the Quarter Master General's department, a small appropriation is solicited for repair of arms, gun-racks, transportation, and other contingent expenses. For better security from fire, the ordnance belonging to the State, stored in the gun shed attached to the United States arsenal at Dearborn, was, with the consent of the officer in charge, removed to the main building; and since the preparation of the Adjutant General's report, I have paid the attendant expense from the contingent fund. The repair of a large number of unservicable muskets belonging to the State, can be cheaply made at the Watervliet arsenal, and the cost deducted from our next quota of arnms; and I concur in recommending a small appropriation to pay the expense of their transportation. The statistical returns required by an "act to provide for statistical information," approved April 3, 1848, are less complete than those formerly made. Full reports have been received but from six counties, and of the 488 townships in the State, 385 only have made returns. The returns made show in the towns making reports, 1,337,112 acres of improved land; 439,412 acres sowed with wheat; 8,803,361 -bushels of wheat raised; 6,420,075 bushels of other grains; 1,492,729 pounds of wool produced; 2,122,248 pounds of sugar made; 50,795 horses; 193,594 neat cattle; 140,280 swine; 536,210 sheep; 208 flouring mills; 512 runs of ï~~JOHN S. BARRY 195 stone; 660,169 barrels of flour made; 527 hands employed; $1,226,950 capital invested; 587 saw mills; 164,597,123 feet lumber sawed; 700,570 dollars capital invested; 1,795 hands employed; and 3,077,108 dollars merchandize imported. The whole population of the State, shown by the late United States census, is 397,536. In view of the biennial and short sessions of the Legislature, contemplated by the revised constitution, the act providing for the appointment of a State Librarian may, I think, with propriety be repealed and the library put in charge of the Secretary of State, and its care superadded to the duties of that officer, under such restrictions and requirements as may be deemed necessary to secure its safe keeping. Of the public lands, sales have been made the past year, Of Primary School Lands 12,093 19-100 acres, for.........$51,033.26 University Lands 862 85-100 acres,.................. 13,621.58 " Normal School Lands 800 acres,.......................8,120.00 " State Building Lands, 45 acres....................... 360.00 " Town lots in Lansing,............................... 505.00 Mich. Asylum Lands, 460 acres,.......................1,840.00 " Internal Imp't Lands 54,126 37-100 acres,............. 67,657.96 " Asset Lands,....................................... 850.00 Total amount of sales............................. $143,987.80 The total amount of receipts, including interest, during the same period, was For Primary School lands,............................. $56,490.21 University Lands,.................................20,354.70 " State Building Lands,............................. 3,165.15 Mich. Asylum Lands,.............................. 661.14 " Normal School Lands,............................. 2,165.26 Salt Spring Lands,................................. 791.85 " Internal Imp't Lands,............................. 67,657.96 " Asset Lands..............850.00 Total receipts.....................................$152,136.27 The sales of primary school lands exceed those of 1849, by nearly 2,600 acres, and a correspondent increase is anticipated the present year. The Commissioner of the Land Office suggests the propriety of a re-appraisement of the town lots in Lansing, as their present estimated value is so far above their market value that sales cannot be effected. ï~~196 MESSAGES OF GOVERNORS OF MICHIGAN The provision of the act of 1849, requiring statements of the amounts due for principal and interest on the salt spring, university, and primary school lands, to be transmitted to the treasurers of the several counties, he thinks will result in very little practical utility; for while a great increase of labor, nearly equal to an entire transcript of the books, is annually required at the office, further expenses must be increased in paying county treasurers, errors are likely to be multiplied, and the funds themselves endangered. He is therefore of opinion that a repeal of the act, in this respect, would cause purchasers but slight inconvenience, which would be more than counterbalanced by the greater cheapness, accuracy, and safety of the former system. The law should confer upon the commissioner the right to demand additional security, not only when purchases of land are made, but at any subsequent time, whenever he ascertains that the object of purchasers is to strip the land of its timber, and then, forfeiting the payment made, let it revert to the State. Above half the university lands granted to the State remain unsold, and, consequently, produce no revenue. The Legislature is best able to judge whether the interest of the university will be better promoted by adhering to the present prices demanded, or by fixing a lower minimum, with a view of effecting sales not otherwise likely soon to be made. That portion of the lands near Toledo have been mostly purchased at their appraised value. The sales of the internal improvement lands reported, are rather nominal than real. These lands having all been appropriated, and a land scrip issued for their location, these sales have been but a quit claim of lands for a surrender of scrip. Of the asset lands received from the Michigan State Bank at the time of its failure, sales have been made to the amount of $850, at appraised value; but a further reduction of price upon the remainder is deemed indispensable. The attention of our delegation in Congress has been called to the claim of the State arising out of the twelve saline sections erroneously confirmed; but I am not informed what progress has been made in the way of its adjustment. We can scarcely believe that, upon a proper representation, a claim so manifestly just would be resisted; and a bill, granting lands of equal value, or making other just equivalent concession, we have reason to suppose, would only fail from want of time to reach it upon the calendar. The financial affairs of the State will require your attention during' your present session. The amount in the State Treasury, Nov. 30, 1849, was................................................ $ 5,447.39 Receipts during the fiscal year,......................... 429,268.28 ï~~JOHN S. BARRY 197 Making the available means of the year,..................$484,715.67 The expenditures of the same period were,.................449,355.40 Leaving balance in Treasury, Nov. 30, 1850,...............$35,360.27 This aggregate of receipts and expenditures embraces the fiduciary and all other funds under the direction of the Auditor General, and shows the whole amount of fiscal transactions of the year. The accruing revenue, exclusive of direct State tax, is derived mostly from specific taxes, office charges, and interest on returned taxes, and the five per cent on sales of public lands. The amount from these sources is estimated, for the year 1851, at $36,000.00, and for the year 1852, at $83,000.00. All other revenue must be derived from direct taxation. By the new constitution, it is made your duty to provide by taxation a revenue sufficient, with other sources, to pay the estimated expenses of the State government and interest of the State debt, and to establish a sinking fund of not less than $20,000.00, to be annually increased at least five per cent. The estimated expenses for the year 1851, including the support of the State government, and payment of interest on, the public debt, are $176,218.89; and for the year 1852, on the supposition that the part paid bonds shall have been previously funded, $192,899.16. To this estimate must be added the amount to be raised for a sinking fund. The average annual expenses of the State government itself, during this period, is estimated at $48,500.00, and afterwards at $45,000.00, being a diminution of more than one-third the amount incurred in previous years. The interest accruing on the part paid bonds and internal improvement warrants, not yet funded, as calculated in the above estimate, amounts to $59,500.00 for the current year, and to $99,500.00 for the year 1852. This difference arises from the fact that in one case interest is only calculated upon the principal, and in -the other upon the sum of principal and interest due, which is to be added to and constituted a part of the principal when funded. Specific taxes may be collected under existing laws; but the Legislature is required to provide, in other respects, a uniform rule of taxation, under which all property shall be assessed at its cash value, and the assessment equalized by a State board to be established for that purpose; and every law, imposing a tax, must specify the object of its intended application. The details, in regard to the organization of a State board of equalization, it is the province of the Legislature to determine; the duties ï~~198 MESSAGJS OF GOVERNORS OF MICHIGAN imposed are to be performed the present year, and every fifth year hereafter. The assessments of the property of the State at a cash valuation, will, no doubt, exceed an hundred millions of dollars, while that of the last and previous years falls short of thirty millions. Each county and township in the State has an interest in diminishing the valuation of its property, with a view, at the same time, of diminishing its proportion of taxes. No standard of valuation can be more equitably adopted, in the assessment of property, than its cash value, or market price in the locality in which it is situated; and when, under the laws, this rule shall be universally observed, taxes will be equal, and a board of equalization will have but a nominal duty to perform. As it is proposed essentially to change the basis of valuations of property, for the purpose of taxation, the Auditor General appropriately advises that the Legislature, instead of fixing a certain rate of taxation, as heretofore, should determine the amount to be raised, and require that officer, after equalization has been made, to apportion the same among the several counties of the State. As the sessions of the Legislature will hereafter be biennial, it will be necessary, at your present session, not only to prescribe the amount of taxes for the two ensuing years, but also to make appropriations required during the same period. And it should not be forgotten that the appropriations for 1852, especially for the Stafe government, will vary considerably from those to be made for the present year. The whole redeemable portion of the public debt, above available resources, is about two millions of dollars; and the Auditor General has prepared a table, to be found in his report, showing that this debt, by the operation of the sinking fund proposed, will be extinguished in a period of twenty-four years. Of the annual increase of this fund, above half will be counterbalanced by the diminution of interest; and the increase of tax required for both, for some time, little exceeds a thousand dollars a year. Indeed, the increase during the whole period will fall far short of the increase of population and taxable property. For the disposition of the amount raised for the sinking fund, and any other accruing surplus, the Auditor General thinks sufficient provision is made by an act entitled "An act to create a board of fund commissioners, and to define their powers and duties," approved April 3, 1848; and it may be added that a portion of the public debt is made payable at the option of the State. No time could be more propitious than the present for the adoption of the measures required for the extinguishment of the public debt. The State is eminently prosperous in all the departments of its productive industry. The revenue from specific taxes has increased and the ex ï~~JOHN S. BARRY 199 penses of the State government diminished more than the amount of the sinking fund established. The whole amount advanced by this State toward raising the regiment of volunteers in the late Mexican War, is $17,193.70. During the last session of Congress, a bill providing for like claims in the several States passed the Senate, and, from intelligence received, will probably become a law at the present session. The Auditor General is of opinion, in which I concur, that the expenses incurred whilst a territory and paid by the State for maintaining our territorial boundary, before its alteration by Congress, in the act providing for our admission into the Union, constitute an equitable claim upon the general government for remuneration, and would probably be recognized as such, if judiciously urged by our delegation at a proper time. Of the mining companies chartered in the Upper Peninsula, fourteen only have yet paid specific taxes. One-half of the taxes received from these corporations, paying an annual State tax of one per cent, must, under the provision of the Constitution, be refunded to the treasurers of the counties from which it is received, to be applied to county and township purposes, as provided by law. After 1855 the Legislature may reduce the amount to be refunded. The report of the Auditor General, to which reference has been made, was prepared by the late incumbent, whose term expired after the close of the fiscal year, and before the commencement of your present session. It presents an able and detailed view of the finances of the State, and is commended to your careful attention. By an act of Congress, passed at its last session, all unsold swamp and overflowed lands, thereby made unfit for cultivation, were granted to the State, upon the condition that the proceeds of the sale should be applied, as far as necessary, to the purpose of reclaiming them by means of levees and drains. From information deemed reliable, the State contains of this description of lands yet unsold, about four millions of acres. How far this grant may be found beneficial to the State, after discharging, the trust imposed, cannot now be determined. I doubt not, however, that the reclamation of the lands may be effected by a judicious system of drainage, at an expense much less than their market value, and thus secure considerable revenue to the State. This result will, however, much depend upon the course now or hereafter adopted by. the Legislature. The wasteful expenditure of a previous similar grant should admonish us to husband this resource with economy. While it will not be advisable, nor under the constitution permitted, to relax our exertion to pay the public debt, it will be a great relief to bring, in aid of that object, this and any other like resource that ï~~200 MESSAGES OF GOVERNORS OF MICHIGAN may come within our control. The most appropriate method of proceeding with the trust imposed, may, perhaps, be left to a commission to be by you established, under such directions, restrictions and limitations as shall, on examination, be deemed advisable. Some additional lands, of the description named, might probably be secured, besides those designated in the original surveys, should the Legislature deem it expedient to provide for the expense of employing county surveyors or others to ascertain, by actual examinations, their location, and report the same to the Surveyor General. This privilege has been extended to the State; and the Legislature is best competent to determine whether the additional lands thus to be secured would more than compensate the outlay required. The importance of a ship canal around the Falls of St. Mary be-. comes more apparent, and its necessity more urgent, as the population of the Upper Peninsula increases, and as its vast mineral resources become developed. As it is a work national in its character, it should be constructed by the general government, or at least made a tax upon the public lands to be enhanced in value by the improvement. A just representation, made to Congress, of its advantages to commerce, and importance to the nation, may induce that body to take the subject into favorable consideration. All human systems of government are more or less characterized by that imperfection to which the works of man are subject; and we need not expect, as we shall never find, one that will secure to a great nation entire unity of feelings, unity of sentiments and consequent unity of happiness. The fault is not more in the government than in the individuals composing it. The principles of government must be general in their application; and it would be strange indeed, if, in the differences incident to men, some individuals should not be found to complain of their unfitness and injustice. Our own government, we confidently believe, is better adapted to secure the happiness of man than any other known to history. Partaking of some of the elements of a monarchy, of an aristocracy, and a democracy, it cannot be classed under the denomination of either. It is the result of the combination of the excellencies of differing and opposing systems, and its adoption was the fruit of intelligence and experience, under the influence of concession and patriotism. We are to regard it as a whole, national and local; for, destroyed in either view, not only its advantages cease, but its existence is terminated. The States could scarcely more exist without the central government than the latter could exist without the States. The insecurity of the States was fully manifested under. the old confederation, and their safety and permanence only made certain by the adoption of a national constitution. A State can no more separate itself from the Union than the Union can separate ï~~JOHN S. BARRY 201 itself from one of the States. In either case the whole fabric falls. The national arch once broken, the stones composing the structure and constituting its support, are strewn in confusion, no longer possessing beauty or strength. In our government the Union may be said to be paramount, for the safety and permanence of all depend upon its continuance. Each State nmust, however, act in its own sphere, and the action of the central government be restricted to the objects of its creation. No state or individual can rightfully interfere to prevent the execution of the laws of the Union or of any State. One State may think another State, or the central government may think a particular State, sanctions and adopts injudicious or immoral institutions; but neither may interfere to correct or exterminate the supposed evil, because, in its domestic polity and internal regulations, each State is sovereign. The States of the North may look upon slavery, permitted in the South, as a great mischief or a great sin, or both; but sovereign themselves, they must respect the sovereignty of their sister States, and refrain from interfering with the institution deprecated. It cannot be regulated or abolished by the free States, nor by the central government; because, being a municipal regulation, each State possesses entire and exclusive jurisdiction in legislating upon the subject. Any interference, by one State vith another, or by the central governmnt with any State, upon this or other like subject, would be a violation of the federal compact. The principles recently avowed, by executive authority, that a State in which slavery is not now recognized, has no authority to establish that institution, is unsound and inadmissible. The particular question raised can have no practical application; but the principle involved denies to the State the entire control of their domestic relations. The general and uniform obligation of public laws, is a principle of government definitively settled; and all attempts to substitute opposite theories should be met by our prompt disapproval and unqualified condemnation. If individuals be permitted to declare legislative enactments nugatory, by reason of their alleged immorality, or for other cause, the whole statute book would soon be repealed, or deprived of its general application, by whimsical fancies and tender consciences. Should States be conceded a like permission to judge of, and overrule, acts of the central government, the uniform and harmonious operation of its laws would be destroyed, and the most frightful and dire calamities ensue. The measures of compromise, adopted at the last session of Congress, and designed to quiet the unhappy agitations of the country on the sub ï~~202 MESSAGES OF GOVERNORS OF MICHIGAN ject of slavery, have been misrepresented and denounced. Fanatics of opposing creeds have avowed the intention of resisting their enforcement, and, in some instances, have made demonstration of executing their threats. The compromises of the constitution partake not a little of the nature of a treaty between sovereign powers; and their violation is not less criminal than the violation of treaties. They possess all the validity of law, and the superadded obligation of the plighted faith of the States, to give them effect. Without concessions the Union could never have been formed; and it is the duty of the national legislature, by appropriate enactments, to give effect to all the stipulations contained in the articles of compact. In return for the advantages secured by the Union, each of its members must perform its share of duties enjoined, and bear its portion of burdens imposed; and a refusal, in either case, is a palpable violation of faith, and, in its repetition, can only lead to disastrous results. Regarding with disapprobation and censure all unlawful manifestations of opposition, come from what source they may, it is the plain and undoubted duty of all to obey and enforce the laws in question. They were the result of the deliberations of wisdom and experience; and, in the spirit of the constitution, designed to secure the rights of the North and the South. Though we may not approve every provision in detail, we are not therefore relieved from the obligation of giving them effect. The right to resist, if indeed such a right could be named, is futile and destitute of all foundation; but the lucubration of a disordered mind. Obedience to the laws is inculcated alike by human and divine precept, and will alone give security to life, liberty and property. It will alone save us from the appalling evils of anarchy; and whoever counsels resistance, clearly disregards the best interests of himself and his fellow men, and incurs the guilt of conspiring against his country. Michigan, it is confidently believed, will require no prompting in the fulfillment of duties pertaining to her federal relations. The laws of Congress will be executed in her borders with promptness and fidelity. If she misjudge for the moment, she will not fail soon to retrace a mistaken step. Though comparatively young in the sisterhood of States, she will be found second to none in attachment to the time honored principles of our Union; and for their perpetuation, she will strive by earnestly supporting the compromises of the constitution and the supremacy of the laws. JNO. S. BARRY. ï~~JOHN S. BARRY.20 3 June 9, 1851 From Journal of the Senate and House of Representatives, pp. 4-8 FELLOW CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES: An imperative necessity could alone have justified this call upon your patriotism to sacrifice individual interests and devote, for a time, your attention and services to public affairs. I doubt not, however, under the circumstances, you respond. with alacrity, and will, with cheerfulness and promptitude, consider and dispatch the public business which now requires legislative action. Appropriations for all purposes of the State government, for the years 1851 and 1852, are required to be made at your present session. Those made for the latter year will, under the revised constitution, vary considerably, in their amounts and objects, from those required for the current year. Although salaries are determined by statute, and compensation fixed in like manner for other public services, yet no money can be drawn from the State treasury in payment, but under appropriations made by law. It will also be necessary to prescribe the amount of taxes to be levied during the years named. The apportionment of the members of the House of Representatives among the several counties, and designation of the Senate districts, are also required now to be made. The constitution niakes it imperative upon the Legislature to perform this duty in the year 1851; and, without such apportionment, a future Legislature cannot be elected. It will also be necessary, at the same time, to determine the manner of canvassing the votes given in Senatorial and Representative districts. The election of Representatives in Congress for this State, will occur before the next session of the Legislature, and it will, therefore, be one of the duties of- your present session to divide the State into Congressional districts. I have not yet received from the Secretary of the Interior, the official certificate of the number of members apportioned to Michigan, but, as intimated in my last annual message, little doubt exists that four will be the number assigned, and it will be safe, I think, to legislate upon that hypothesis. Appropriate provisions of law are required to give effect to the twenty-second section of the fourth article of the constitution, in relation to the furnishing of fuel and stationery for the use of the State, the execution of the public printing, and binding of the laws and journals. Contracts foi these objects must be let to the lowest bidders, who shall give adequate security for punctual and. faithful performance. The State paper being abolished, some provision of law will be necessary in regard to the publication of notices required to be published through that medium. Existing laws in regard to elections need modification. The oath to ï~~204. MESSAGES OF GOVERNORS OF MICHIGAN be administered to electors in case of challenge, as defined in the act of March 10, 1851, for the election of Judges, should be made general in its application. General elections are hereafter to be held biennially, and the time has been changed. The Commissioner of the State Land Office is to be included in the number of State officers elected. A District Attorney, State Senator, three Representatives, and county officers are to be elected in the Upper Peninsula on the last Tuesday of September, 1852, and every two years thereafter. The Representatives are to be apportioned among the several counties in that district. A Governor and Lieutenant Governor, for the State, are to be chosen on the first Tuesday of November next, under the old constitution and the laws in force under it to serve after the expiration of the term of the present incumbents, until such officers are elected and enler upon the discharge of their duties, in accordance with the provisions of the new constitution. The first general election under that instrument will be held on the Tuesday succeeding the first Monday of November, 1852. The law of April 8, 1851, in regard to the reports of State officers, requires amendment. The years for making such reports to the Governor are erroneously designated. The design of the act being to require the reports in question to be made alternately to the Executive and the Legislature, those for the year 1851 and every second year thereafter should be made to the Governor, and those for 1852 and every second year thereafter to the Legislature, as heretofore. The Legislature is required to declare the cases in which public offices shall be deemed vacant, and also to determine the manner of filling vacancies, where provision is not made for that purpose, in the constitution. Legislation is required upon this subject. In view of the unsettled state of the law regulating the sale of intoxicating drinks, public good seems to demand the enactment of such provisions as will make the subject definite and intelligible to all. For my owin views, I respectfully refer to my last annual message, where this question is considered. One-half of the taxes received from chartered mining companies, in the Upper Peninsula, which pay an annual tax of one per cent, must, under provision of the constitution, be refunded to the treasurers of the counties from which it is received, to be applied to county and township purposes, and an act is necessary to carry this provision into effect. The swamp and overflowed lands granted to the State should, as far as possible, be made available for the payment of the public debt; and some appropriate enactment to promote that object, may, with propriety, now be passed. The provision of the constitution in relation to commissioners of highways is not uniformly understood, and a declaratory act upon the subject is necessary to secure uniformity of action. ï~~JOHN S. BARRY 205 Four thousand dollars have been drawn from the State Treasury to pay the debts and expenses of the State Prison, for the first half of the current fiscal year; and all liabilities to the first of the present month, so far as known, are now liquidated. An appropriation for the erection of a kitchen and for making a new roof to the west wing of the prison buildings is deemed indispensable. The repeal of the law which authorizes the payment in the several counties of interest on sums due the primary school fund, is considered, by the Commissioner of the State Land Office, necessary to secure that fund from loss, and the subject is commended to your consideration. In making provision for a revenue by taxation, the constitution requires that the amount be sufficient, with other resources, to pay the estimated expenses of the State government, the interest of the State debt, and all occurring deficiences. The Legislature is also required to provide by law a sinking fund, of at least twenty-thousand dollars a year, with compound interest at the rate of six per cent per annum, and an annual increase of at least five per cent. The sinking fund so provided is to be applied solely to the payment and extinguishment of the principal of the State debt, and is to commence in 1852. The necessary legislation to give effect to these provisions is required at your present session. To secure the intended operation and effect of the sinking fund, and to prevent any portion of the money collected for this purp)ose from lying idle in the treasury, it is well worthy of your consideration to inquire whether the law providing for the funding of the public debt held abroad, may not, with propriety and advantage, be so amended. that the new bonds shall, at the option of the State, be made payable at any time after their issue. A provision is contained in the law, under which the internal improvement warrants were funded, authorizing the legislature, after the year 1849, to provide for the redemption of the bonds issued at any time sooner than that mentioned for payment, and best suiting the convenience of the State. The necessary enactment is now required. In regard to the first class of indebtedness, embracing as it does the part paid bonds not yet funded, I see no objection, moral or legal, to the amendment proposed. As early as 1843, evidence deemed authentic, was obtained, that the holders of the 'bonds in question held them subject to all the equities attached and existing between the original contracting parties; and this evidence was that year communicated to the Legislature, in the annual message of the Governor. The purchasers having failed to make the stipulated payments, the bonds in their hands, or in the hands of their assigns with notice, constitute no valid claim against the state. The only question existing is one of equity between ï~~206 MESSAGES OF GOVERNORS OF MICHIGAN the parties, in regard to the sums advanced in part payment; but the time when these sums should be returned, no more depends upon the time fixed for payment of the bonds, than the amount to be refunded depends upon the amount named in the bonds. The purchasers, at most, can only demand a return of their money, at the convenience of the State; and the amendment suggested proposes to do this at the earliest possible period. In making assessments, the practice still prevails of fixing the valuation of property much below its cash or market value. The property of the State, at a true valuation, would no doubt be found to exceed a hundred millions of dollars, and in the aggregate, nearly quadruple the amount of its assessed value. As the rate of under-valuation is not the same on all property or in all parts of the State, the taxes levied must of necessity be unequal; and the injustice resulting can only be prevented by the action of the Legislature. JNO. S. BARRY. June 9, 1851 From Journal of the Senate and House of Represent ttives, Extra Session, pp. 1-2 GENTLEMEN OF THE HOUSE OF REPRESENTATIVES: The Legislature has been convened under the constitution in pursuance of the proclamation of the Executive. It is matter of congratulation that you bring with you on this most interesting occasion, health, and the experience of the past, to aid in the prompt discharge of the duties devolved upon this body. The radical changes in the organic laws, furnish sufficient reason why all the measures necessary to conform the laws to the constitution were not adopted in the limited session of sixty days, and completely refute all charges of a want of industry on your part. Under the constitution, the action of this body will be necessarily limited to those measures of special communication by the Governor. In' all the matters of legislation that may come before us, a spirit of emulation, stimulating industry and concord is respectfully invoked. The proclamation of the Governor, in the words following, was then read and ordered to be entered on the journal, viz: Whereas, important public business requires Legislative action, and renders necessary an extra session of the Legislature; Therefore, 1, John S. Barry, Governor of the State of Michigan, by virtue of the authority in me vested by the constitution, do hereby convene the Legislature, to meet at the Capitol, in the village of Lansing, in said State, on Monday, the ninth day, of June - next; and the mem ï~~JOHN S. BARRY 207 bers of the Senate and House of Representatives are required then and there to assemble in their respective legislative halls, to consider and act upon such subject as by special message shall be to them submitted. In witness whereof, I have hereunto subscribed my name, and caused to be affixed the Great Seal of the State, at the village of Lansing, the 7th day of May, in the year of our Lord one thousand eight hundred and fifty-one. JOHN S. BARRY. June 21, 1851 From Journal of the Senate and House of Representatives, Extra Session, pp. 90-96 TO THE HousE or REPRESENTATIVES: I have received from the House of Representatives a paper purporting to be a bill to apportion anew the Representatives among the several counties and districts of this State, which is in the following words, to wit: "AN ACT to apportion anew the Representatives among the several counties and districts of this State. "Section 1. The People of the State of Michigan enact: That the House of Representatives shall hereafter be composed of members elected agreeably to a ratio of one representative for every six thousand two hundred white persons and civilized persons of Indian descent, not members of any tribe, in each organized county, and one representative for a fraction equal to a moiety of said ratio, and not included therein, that is to say; within the county of Wayne, seven; within the counties of Oakland and Washtenaw, five each; within the county of Lenawee, four; within the counties of Calhoun, Jackson, Hillsdale and Macomb, three each; within the counties of Berrien, Branch, Cass, Genesee, Kalamazoo, Kent, Livingston, Monroe, St. Joseph and St. Clair, two each; within the counties of Allegan, Barry, Eaton, Ingham, lonia, Lapeer, Ottawa, Shiawassee, Van Buren, Saginaw, Mackinac and Tuscola, one each; the counties of Clinton and Gratiot shall compose a representative district, and be entitled to one representative, and the election returns of which said district shall be made to the county seat of Clinton; the counties of Sanilac and Huron shall compose a representative district, and be entitled to one representative, the election returns of which said district shall be made to the county seat of Sanilac; the counties of Midland, Gladwin and Arenac shall compose a representative district and be entitled to one representative, the election returns of which said district shall be made to the county seat of Midland; the ï~~208 MESSAGES OF GOVERNORS OF MICHIGAN counties of Montcalm, Isabella, Mecosta, Osceola and Clare shall compose a representative district and be entitled to one representative, the election returns of which said district shall be made to the county seat of Montcalm; the counties of Newaygo, Oceana, Lake, Mason, Manistee, Grand Traverse, Wexford, Missaukee, Roscommon, Ogeinaw, losco, Algona, Oscoda, Crawford, Kalcaska, Omeena, Leelanaw, Antrim, Otsego, Montmorency, Alpena, Presque Isle, Wyandot, Charlevoix, Emmet and Cheboygan, shall compose a representative district and be entitled to one representative, the election returns of which said district shall be made to the county seat of Newaygo; the counties of Chippewa, Mar. quet _ choolcraft and Delta shall compose a representative district and be entitled to one representative, the election returns of which said district shall be made to the county seat of Chippewa; the counties of Houghton andOntonagon shall compose a representative district, and be entitled to one representative, the election returns of which said district shall be made to the county seat of Houghton. "JEFF. G. TiuLi t, Speaker of the House of Representatives. War. M. FENTON. President of the Senate." I have also received, accompanying the foregoing paper, purporting to be a bill passed by the two branches of the Legislature, the following official information in regard to the same, signed by the Speaker, the Speaker pro tempore, and the Clerk of the House of Representatives: "Hall of House of Representatives, Lansing, June 21, 1851. "To John S. Barry, Governor in and over the State of Michigan: "I have signed the bill to apportion anew the Representatives among the several counties and districts of this State, and protest that the same has not been passed by a constitutional vote of this House. The vote was taken upon concurring in the amendment of the Senate (a substitute) to the House bill, and thirty members only of this House voted for concurring-that number not being a majority of all the members elected to this House. "For the record and facts in the matter, reference is here made to the journal of the House of June 19, 1851, and to the certificate of Hon. D. L. Case, acting as Speaker at the time, and of D. P. Bushnell, Clerk of the House, of date June 20th, 1851. "JEFF. G. TiuiwEll, Speaker of the House of Representatives." ï~~JOHN S. BARRY 209 "House of Representatives, Lansing, June 20, 1851. "To His Excellency Governor Barry: "Sir-The undersigned, a member of the House of Representatives, was yesterday called upon to preside temporarily over the deliberations of the House. The immediate question before the House was on concurring in a Senate substitute to a bill to apportion anew the Representatives among the several counties and districts of this State, which substitute was so entirely distinct in its features and provisions as to form a new bill. The vote on the question of concurrence was as follows: Yeas, 30; Nays, 26. * * * "The undersigned in his official capacity as Speaker pro tempore, decided that the House refused to concur-a majority of all the members elected not voting in the affirmative. From this decision an appeal was taken and the decision reversed by the following vote:-(the question being, 'shall the decision of the Chair stand as the judgment of the House?')-Yeas, 22; Nays, 27.. * * * * * * "If the judgment of the House is correct, it is easy to see that it is in the power of a minority of either branch of the Legislature to nullify an important constitutional provision; and the undersigned conceives it to be his right, if not his duty, as one of the Representatives of the people, to lay the facts before the Executive, as a co-ordinate branch of the government, in order that he may act in the matter with a full knowledge of all the facts. "Very Respectfully, "D. L. CASn, Speaker pro tempore." "House of Representatives, Lansing, June 20, 1851. "I certify that the foregoing statements of the Hon. Mr. Case are correct, as appears by the records of the House of Representatives. "D. P. BUSHNELL, Clerk H. of Reps." The usual evidence of the acts of the two branches of the Legislature, is the annexed signatures of the Speaker of the House and the President of the Senate, and, when thus certified, a bill presented to the Governor is deemed sufficiently authenticated for his consideration and action. - - - In the present case, accompanying the supposed bill is the protest of the Speaker of the House that the same has not passed by a constitutional majority, and a further statement to the same purport, made by the Speaker pro tempore, and duly certified as true by the Clerk. ï~~210 MESSAGES OF GOVERNORS OF MICHIGAN From these official communications, set forth above, the facts seem to be that the House of Representatives duly passed a bill to apportion anew the Representatives among the several counties and districts of the State, and in the usual manner transmitted the same to the Senate for their concurrence. The Senate, as it was competent for that body to do, substituted an entirely new bill, based upon a different ratio, and constituting the House of a different number. On the return to the House of this bill, thus become entirely new in all its features, on the question upon concurring-which was but the question of its passage, presented in another form-thirty melmbers are represented to have voted in the affirmative, and twenty-six in the negative. This vote was in effect a vote upon the final passage of the bill, and was, therefore, properly taken by ayes and nays, and entered upon the journal. The 19th section of the 4th article of the constitution, however, provides that "no bill or joint resolution shall become a law without the concurrence of a majority of all the members elected to each House." By reference to the act of the 10th of March, 1846, under which the present Legislature was chosen, it will appear that the House of Representatives consists of sixty-six members; and thirty-four being required to constitute a majority of members elect, it follows that less than this number cannot pass a bill. In the absence, therefore, of the concurrence of the necessary constitutional majority of the House, no act of the Executive can give the sanction or validity of law to the proposed bill. The expressed assent of a majority of the members elected under the provisions of the act of March 10th, 1846, is an indispensable pre-requisite, without which executive approval will be of no effect. It has some times been the practice, and may with propriety be generally adopted, first to take the question of concurrence by a vote of a majority of a quorum voting, and then to put the bill, as amended, again upon its passage, when a constitutional majority will be required. In this case, however, the vote of concurrence was regarded as final, and the bill thereupon ordered to be enrolled. Each branch of the Legislature may choose its own officers, determine the rules of its proceedings, and judge of the qualifications, elections and returns 'of its own members, but under this provision neither House can act in contravention of the constitution, and the laws passed under it. No rule established by either House can make void a plain and positive requirement of the constitution, or alter, repeal or suspend a law. The rules to be established, and all action under them, must be in accordance with constitutional and legal provisions. The constitution of 1835 required that all bills creating a corporation should be passed by a majority of two-thirds of each House; and ï~~JOHN S. BARRY 211 so far as I am advised, the practice has invariably required amendments to such bills, made in one House, to be approved in the other by a majority of at least two-thirds, as required for their passage. The provision of the present constitution, that no bill shall become a law without the concurrence of a majority of all the members elected to each House, is more explicit, and its import cannot be mistaken, and should not be disregarded. To the proposed bill I have no objections, and should it receive the necessary constitutional legislative sanction, I shall not hesitate to give it my approval; but without that sanction, I can only regard it as a nullity, which by no act of mine can be made to receive or possess the vitality and force of law. This communication has, necessarily, been prepared in haste, that the House may be apprised, at the earliest moment possible, of my views upon the subject, and that the necessary and required enactment to apportion anew the Representatives of the State Legislature, may yet be prepared and passed before the close of the present session. JNO. S. BARRY. June 24, 1851. From Journal of the Senate and House of Representatives, p. 85. TO THE SENATE AND HOUSE OF REPRESENTATIVES: It has been suggested that further legislation is required in regard to the judicial proceedings, and the manner in which causes shall be carried up from courts of inferior to those of higher jurisdiction; and also in regard to the transfer of suits from courts organized under the old to those established under the new constitution, and I therefore respectfully commend the subject to your consideration. JNO. S. BARRY. ï~~i ï~~GOVERNOR ROBERT McCLELLAND ï~~ ï~~*10 1 ï~~ROBERT McCLELLAND ï~~BIOGRAPHICAL SKETCH. DOBERT McCLELLAND was born at Green Castle, Pennsylvania, August 2, 1807. His father was an eminent physician of that place. The son graduated at Dickinson College (Carlisle, Pennsylvania) in 1829, was admitted to the bar at Chambersburg in 1831, and after practicing there a short time went to Pittsburg and practiced his profession there for about a year. He removed to Monroe, Michigan in the summer or fall of 1833, where he went into partnership for about two years with James Q. Adams. Then in 1835 he opened an office and practiced alone and with great success. He was a member of the constitutional convention of Michigan in 1835, member of the State Legislature in 1838, 1840 and 1843, and Speaker of the House in the latter year (and the Michigan Legislature never had a more accomplished Speaker); a member of Congress for three successive terms (Twenty-eighth, Twenty-ninth and Thirtieth Congresses), from 1843 to 1849; member of the Constitutional convention of 1850; the first Governor for the short term under the new constitution for 1852, elected in 1852 for the term of two years, and went into office as Governor January 1, 1853. On the inauguration of Franklin Pierce as President, March 4, 1853, McClelland was appointed Secretary of the Interior, in which office he continued till the end of Pierce's administration, March 4, 1857. This was his last public office. This list shows of itself that he must have been above the average of men in ability and fidelity to the public interests. And when it is further stated that he performed the duties of these various offices with credit to himself and a high reputation among all parties for ability and integrity, little more need to be said of him in this direction. In 1836 he married Miss Elizabeth Sabin, a beautiful and excellent lady, who survived him, but died at Detroit in 1884. He had removed to Detroit prior to his election as Governor, and resided there afterwards till his death, August 30, 1880. As a politician, he wag eminently cautious and conservative, and when he thought his party was going to extremes in any direction, he used his best efforts to restrain them; but like a true politician, if, in spite of his efforts, they persisted, he did not denounce them or leave them, but went with them, though against his better judgment, probably believing that by so doing he could have a more salutary influence in restraining them from dangerous extremes than by coming out in open and direct opposition, by which that influence would be lost. Doubtless many other patriotic men of all parties have honestly acted upon the like principle. ï~~216 MESSAGES OF GOVERNORS OF MICHIGAN Few, if any, knew him more intimately than I did, [says I. P. Christiancy, author of this sketch], having been a student in his office for two years (from 1836 to 1838), when I was admitted to the bar, having in 1845, taken and closed up the business of Wing & McClelland, and been a law partner with him in 1849 and 1850. As a man and a citizen he was strictly just and fair, and while exacting what was his due he was careful to exact nothing more. He was of a cheerful and social disposition, of pleasant address and popular manners, never morose or fretful, and if ever melancholy or despondent he would successfully conceal it. Though seldom indulging in witticisms or story-telling, yet he enjoyed these qualities in others, and in all circumstances was ready to indulge in a pleasant laugh, so much so that his opponents asserted that he laughed himself into office. As a practicing lawyer he was systematic and orderly in his habits, strictly and conscientiously faithful to the interests of his clients. His industry and care in the preparation of his cases were persistent and indefatigable. No decision bearing upon his case escaped his search, and all efforts were made to ascertain what the evidence was likely to be, and if he failed of success it was no fault of his. But he was a lawyer of the old school, and adopted A. D. Frazer, of Detroit, as his model. This school of lawyers was strong so far as they could find decisions sustaining their positions, and these decisions were treated as texts of revelation, and commented upon much as the. old Scotch divines commented upon texts of Scripture. But they were very timid, and therefore not very strong in reasoning upon the fundamental principles of the law and demonstrating what the law must be in the absence of any authority upon a particular point. They did not lack the power of reasoning upon such principles, but they did not often venture to exercise it. He was ambitious as a lawyer for honorable success in his profession. As a politician he was also ambitious for success, but though after 1848 I was opposed to him in politics, I never doubted his patriotism. I remember him as I do Judge Warner Wing and Hon. Alpheus Felch and many others with whom I differed in politics, as. excellent men, who would be deserving of a high standing as true patriots in any country. I believe they all honestly strove for what they sincerely believed best for the welfare and prosperity of our whole country. I think they were in some things mistaken as to the best means of accomplishing the result -they thought I was; Omnipotence alone can finally decide which was right. With Governor McClelland's administration came the end of "the old regime" under the auspices of the Democratic party. The state was ï~~ROBERT McCLELLAND 217 just emerging from the embarrassments resulting from participation in internal improvement schemes. Settlement had increased to a population of over half a million. Two railroad lines stretched entirely across the state and a third was pushing rapidly westward. Farms were increasing in value. Villages were growing into cities. Educational facilities were multiplying and improving. The credit of the state was improving in financial centers. The state institutions were rapidly developing. The hard pioneering period had passed and life in the young State had become comparatively easy. A new era of material, social and political life was at hand. ï~~1 i ï~~MESSAGES ï~~i ï~~1853 January 5, 1853. From Joint Documents of the State of Michigan, pp. 1-27. FELLOW CITIZENS OF THE SENATE, AND HOUSE OF REPRESENTATIVES: During the past year, the people of this State have been most signally blessed with the enjoyment of an unusual degree of prosperity. For this, our profound gratitude is due to the Great Ruler of the Universe, who so wisely orders and ordains all things. The State is growing rapidly in nearly all the elements of greatness. Few of the States of the Union possess as many fine natural advantages. The facilities for communication between important points in our own and other States are fast increasing. Our educational prospects continue to improve. Every branch of productive industry is prospering, and our citizens are contented and happy. Under such favorable auspices, I am pleased to meet you, and give information of the condition of the State, according to the injunction of the constitution, and to recommend such measures as, in my judgment, may tend to its permanent advancement. The new constitution is now the supreme law of the State. Although it undoubtedly contains exceptional features, yet it is our solemn duty to endeavor, in good faith, to give full and complete effect to all its various provisions. A strict and rigid economy should be observed, every act appropriating money or imposing burthens upon the people, should be closely scrutinized; an extravagant and wasteful expenditure should be discountenanced; and yet, with this, a certain degree of liberality is not incompatible. Extreme parsimony, sordidness, and every thing of a like character, that detracts from the reputation and dignity of the State, it is wise to avoid. The official term of one of our Senators in Congress, expires on the third day of March next. It will be your duty to elect a successor during the present session. Heretofore the Legislature has postponed the passage of general appropriation bills to the close of the session, owing to the necessity of making provisions for numerous small items and private claims that could not be ascertained and judiciously acted upon until then. As no law can now embrace more than one object, and the Legislature cannot audit or allow any private claim or account, would it not ex ï~~222 MESSAGES OF GOVERNORS OF MICHIGAN pedite your business to act promptly upon and despatch them, whilst other more complex and intricate matters are being matured? The estimates will be presented by the proper officer, ready for examination and legislative action. The general laws of the State require but slight amendment. The fewer changes made, unless imperatively demanded, the better. It is less injurious and far less vexatious, to accommodate ourselves to small imperfections in the laws, when discovered, than to be constantly involved in that legal uncertainty which lis heretofore tantalized the people. Not much complaint is made against our statutes; litigation is diminishing; the laws are more thoroughly understood, and there is not so much doubt as to their true meaning and effect as formerly. We have had too much unwise and improvident legislation. It is time to check its evils. The financial condition of the State was never more healthy and encouraging. No State pays the interest on its indebtedness, and all bona fide claims upon the treasury, with greater punctuality. With economy and judicious legislation, a few years will enable us to liquidate our public debt, and relieve the people entirely from state taxation. The amount in the Treasury Nov. 30, 1850, was..........$35,360.27 Receipts during the fiscal year.......................'. 414,390.18 Available means.................................$449,750.45 The expenditures for the same period...................... 352,507.22 Balance in Treasury Nov. 30, 1851................... $97,243.23 Receipts during the last fiscal year...................... 451,082.97 Available means....................................$548,326.20 The expenditures for the same period..................... 431,918.97 Balance in Treasury Nov. 30, 1852.................. $116,407.23 The receipts and expenditures embrace all the funds of the State,. and show all its financial transactions for the two last fiscal years. The funded and fundable debt of the State was, Nov 30, 1851............................................$2,568,269.13 The funded and fundable debt of the State was Nov. 30, 1852............................................. 2,307,850.19 The specific taxes for 1851 were........................ 27,717.30 " " " " 1852 "........................ 85,854.71 $274,000 of bonds, including all the outstanding internal improvements warrant bonds, have been advertised for, and the interest thereon ï~~ROBERT McCLELLAND 223 stopped. $175,500 of them have been paid and cancelled, leaving $98,500 yet to be presented and liquidated. The surplus in the Treasury is abundantly sufficient for this. In addition to this surplus, the specific taxes soon payable by the Rail Road Companies will probably exceed $65,000. The annual expenses of the State government for the year 1851 were $90,898.35; for 1852, $58,207.23. The es imated expenses for 1853 are $65,000.00; for 1854, $40,000. The amount to be raised by direct taxation for the ensuing year, will be about $30,000, or less than one mill on the dollar of the present valuation of taxable property, and only one-third of a mill on the dollar of the real valuation. This estimate is based upon the assumption of a funding system being established pursuant to the imperative requirements of the constitution. The calculation for the year 1854 must be hypothetical, depending on the amount of the part paid bonds which may in the interim be funded, and thenceforward draw from the Treasury semi-annual interest. A change is required in the law relative to the funding of the part paid bonds, so as to authorize the payment of the adjusted bonds hereafter issued, previous to maturity, at the option of the State. This will afford an opportunity of advantageously disposing of any surplus that may be in the treasury. My predecessor pressed upon the last Legislature the necessity of providing by law a sinking fund, in accordance with the provisions of the constitution; but his recommendation was not adopted. It becomes your duty to carry it into effect, and sound policy and political integrity urge and require it. Some defects still exist in the acts regulating the assessment of taxable property. The constitution and the law requires that it should be assessed at its cash value, but it is not. In the year 1839, the aggregate valuation of the taxable property of the State was $45,302,702.29 when the great pressure in monetary affairs, and the depression and financial prostration of the country so largely depreciated the cash value of -every kind of property. In the year 1851, the aggregate whs only $30,976,270.08, when property had advanced rapidly in price, and increased in quantity and quality, nearly four-fold, and our population had doubled. The Board of Equalization, at their session in 1851, in order to correct this evil, recommended the propriety of providing by law for assessing property at its selling value; I am inclined to think the suggestion a good one: the object is to have property assessed at its true cash value, and some suitable method should be devised for this purpose. The non-resident is perplexed at hearing our citizens estimating our taxable property at one hundred millions, when the assessment rolls show it to be only about thirty millions. We know, by the most conclusive data, that the former estimate~ approximates to the truth. The census returns ï~~224 MESSAGES OF GOVERNORS OF MICHIGAN of 1850 make it about one hundred millions, and with such wide spread prosperity as has prevailed since, there must have been a large accession. The cause of the disparity is traceable to the fact, that formerly each county paid a State tax proportionate to the aggregate of the assessable property of the county; hence the lower the assessment the smaller the tax. The establishment of a State Board of Equalization prevents the inequalities of taxation in the different counties heretofore complained of, and there exists no longer the slightest pretext for disregarding the existing enactments. The practice, however, still prevails; and something should be done to correct it. Those ignorant of the facts look only to the aggregate of the assessments, which exhibits a state of things that does not actually exist. This not only operates unequally and injuriously on our own citizens, but disinclines and deters the emigrant in many cases from taking up his abode amongst us. There are few things about which those seeking a new home are more inquisitive than the rate of taxation. Ours appears to be quadruple what it really is-because the tax is ostensibly levied on thirty millions of property, when it is actually assessed on about one hundred and twenty millions. If a fair valuation was made, the burthen would not be heavy; in truth, a just comparison with the other states shows that our taxes are light. Much difficulty is experienced in collecting the specific taxes; corporations and others frequently make imperfect returns, and in some cases pay what they see fit, leaving the State to resort to the slow process of the law to obtain what is legally due. Why should not the same summary proceeding be allowed against them as in case of private individuals? The specific taxes should be carefully husbanded. If properly attended to, they will soon defray all the expenses of the State government, and yield a handsome income to the educational funds. The Farmers' and Mechanics' Bank is bound to pay one per cent on its capital stock, deducting the value of real estate owned in fee by the Bank, as assessed by the proper town officers, or estimated by the State Treasurer. The capital of the Bank is represented to be $400,000. By the Auditor General's report, it appears that a tax was paid last year on only $44,807, and this year on $77,287. Statements materially different of the value of the real estate, are said to have been made by the Bank officers-which have improperly reduced the amount of taxation and need explanation. The only true rule is to deduct the assessed value of the real estate lying in this State, of which the officers can readily procure and produce vouchers. Lands without the limits of the State should not be embraced in the deduction; nor are they, according to the spirit and meaning of the act of incorporation. The stocks deposited by some of the Banks, for which they receive bills or notes countersigned by the Treasurer, largely exceed the ï~~ROBERT McCLELLAND 226 amount of their capital stock, as reported by their officers, and they have merely paid tax on that capital stock. They may report a capital of $50,000, and in this way do a banking business on a million of dollars, and pay a specific tax on the former sum. There is no justice in, or plausible pretext for, this. The Banking capital, so far at least as concerns the State, is the amount of stocks deposited, and bills or notes countersigned and delivered; and this is, after deducting real estate owned by the institution within our own limits, at its assessed value, what is justly taxable. Otherwise a mammoth Bank may be established, with a reputed capital of $50,000, which may carry on business to the amount of millions, and pay the State for the extraordinary privileges and immunities which it enjoys, a pitiful tax. But it is said the Bank may be indebted for this excess of stock, and its indebtedness would thus be taxed, which will be illiberal and unjust. The same reasoning would apply to property mortgaged, and in other conditions. But with the Banks, there is little danger of over-taxation. They should pay to the full extent of the exercise of the privileges granted. They will not suffer. At all events it is not the policy of the State to encourage banking on borrowed capital. The Treasurer should, therefore, either, be restricted in countersigning bills or notes to the reported capital, or the Bank should, as previously suggested, be taxed to the full amount of the stock deposited. The Brokers pay comparatively no tax for the privileges they enjoy. The present law requires them to pay to the State Treasurer, at the rate of one and one-half per cent on the amount of the capital stock to be used in their business. For the purpose of obtaining a license, they must file with the Treasurer a certificate, specifying among other things, "the actual amount of capital to be invested in the business of the concern." As this amount, so certified is the capital stock to be taxed, by resorting to ingenious expedients, they transact in many instances a very large business on a very small capital. By the provisions of the revised statutes, everything is left to the probity and integrity of the Brokers themselves, and no guards of any importance are thrown around the law. A revision of the present system is absolutely necessary, and I can conceive of no better method than to make each pay a fixed sum, which, of course, should not release any of their property from ordinary taxation. This may be liable to the objection that it may operate unequally, but so do many other species of taxation practically. The same privileges are offered to every one, and if not equally enjoyed, it is not the fault of the State. Ample provision should be made for the rigid enforcement of any act you may pass. Foreign corporations transacting business in this State, are not, under existing laws, subjected to taxation, but should be, for the exercise ï~~226 MESSAGES OF GOVERNORS OF MICHIGAN of their franchises within our limits. Such is the practice in other States, and it should obtain here. One-half of the taxes received into the Treasury from mining corporations, in the Upper Peninsula, paying an annual State tax of one per cenit, is to be paid to the Treasurers of the respective counties, from which it is received, to be applied for township and county purposes, as provided by law. The last Legislature failing to pass any law relative to it, I directed the payment of one-half of the taxes thus received to the proper counties, believing the provision of the constitution ample for this purpose. It will be proper for you to regulate the legitimate application of the money. The Treasurers of counties are often slow in paying over to the State Treasurer taxes and moneys received. In all such cases summary proceedings should be authorized against then and their bail. It is questionable whether the existing law relative to defalcations and other mal-practices of these officers, is sufficiently plain, simple and efficient. Some of the Banks do, and under a general banking law all would, deposit stock with the Treasurer. I would not recommend an increase of his securities on that account; but it is proper that some record should be kept of them, and such other guards be thrown around the depository, as to indentify and secure their payment, provided they are stolen or destroyed. Whether the State is responsible for their safe keeping, would probably depend much on the prudential measures adopted and observed for that purpose. The State prison has not yet become a self-sustaining machine, nor can it, until all the necessary buildings are constructed. I believe all its affairs are well conducted, and everything done with an eye to the most rigid economy, and the best interests of the State. During the month of September last, a portion of the workshops was destroyed by fire, communicated, as is supposed, by some convict. Before it could be subdued, about two hundred and ten feet of the west range was consumed. The direct and indirect loss to the State was estimated at $1,500. The inspectors of the Prison, after due deliberation, recommended the re-building at once of two story shops instead of one, as before. This was rendered necessary by the large increase of convicts, and to some extent would have been indispensable, if the casualty had not happened. The building has been reconstructed and completed in a good, substantial manner, and is now occupied by the contractors. Fifty new cells have also been added for the accommodation of the convicts. These improvements demanded a larger draft upon the Treasury than would otherwise have been made. On the 30th day of November, 1850, there were in the prison, 131 convicts, and 84 were added during the fiscal year, making 215. Of these, 33 were discharged by the expiration of their sentence, one by ï~~ROBERT McCLELLAND 227 pardon, and five died, making 39; and leaving, at the end of the fiscal year, 176. Of this number, 144 were in the employment of contractors, 21 in various occupations about the prison, 4 sick, 4 in solitary confinement, and 3 superannuated and infirm. The daily average number of convicts was 141. The sums received by the Agent of the prison during the year, were, from State,....................................... $6,500.00 From convict labor,..................................... 10,741.82 C property sold, rent, visitors, &c..................... 1,477.55 Total,.......................$18,719.37 Expenditures during same period: Cash on hand, officers, &c., salaries, guards' wages, &c............................... $9,041.76 Building and repairs,.................................... 1,594.33 Rations, clothing, fuel, &c................................ 7,885.45 Total,.......................................... $18,521.54 There were received into the prison during the fiscal year ending 30th November. last, 87 convicts, which, with the 176 there, made 263. Of these, there were discharged during the same year, by expiration of sentence, 39, by pardon, 9, (one a United States' convict, being pardoned by the President,) by reversal of sentence, 2, three died, and one escaped, making 54, and leaving 209. Of this number, 176 were in the employment of contractors, 25 in that of the prison, 4 were superannuated and infirm, 2 in solitary confinement, and 2 were insane. The daily average number of convicts was 1861/2, being an increase over last year of 451/2. 'During the fiscal year just past, there was received by the Agent of the prison, cash in hand,.............................. $197.83 Cash from State............................... 9,000.00 " from prison resources,.............................15,119.35 Total,.......................................... $24,317.18 Expenditures for same period were, ordinary support, pay of officers, guards, &c........................................ $17,735.97 Permanent fixtures for Agent's house,.....................200.00 Building 50 cells and appurtenances, rebuilding shops, &c.,...............................................6,303.87 Total,0..........................................$24,239.84 ï~~228 MESSAGES OF GOVERNORS OF MICHIGAN Leaving a balance in the hands of the Agent on the 30th of November, 1852, of $77.34. The difference between the ordinary expenditures, $17,735.97, and receipts, $15,662.27, including a balance still due from contractors, is $2,073.70. The Agent is of the opinion that this would not have exceeded $1,500, had no misfortune occurred, or new buildings or cells been erected, and the convicts could have gone on without 'interruption with their usual labors. According to the present law, the Agent settles his account with the Auditor General, on his vouchers. They should first pass under the supervision of the Inspectors, who are more thoroughly conversant with the affairs of the prison, and could examine more critically the accounts presented. An increase of proper checks could do no harm. Capital punishment has been abolished in this State, and solitary confinement substituted in its place. Although the propriety of the change is doubted, yet I desire to see the principle and the law fully carried out and fairly tested. The present structures will not admit of it. There are no cells for purposes of solitary confinement. Most of those under such sentence are employed in the same manner as other convicts. This is done by direction of the Inspectors, and from the purest and most philanthropic motives. To immure them in the narrow cells provided for all the convicts, without out-door exercise, would tend to destroy both mind and body. The impairing of the mental faculties is a strong objection urged by many to solitary confinement in any form. But on the other hand, the murderer should not be placed in the ordinary labors of the prison, side by side with those guilty of petty offenses. The Inspectors, fully aware of this, and of its most pernicious consequences, have recommended the construction of proper and commodious cells, with a view to execute the law according to its obvious design, and I concur in their recommendation. Many boys of a tender age have been sent to the prison. It is no fit nursery for them. A milder and less infamous punishment should be provided. A house of correction, conducted as some of them are in other States, would be more suitable, and its moral influences far more salutary. If an effort were made to reform them, many, with proper care and culture, might be restored to a virtuous life, and made honest, industrious, and worthy citizens. In conformity with the requirements of the constitution, there accompanies this message, a statement of the number and names of the convicts pardoned during the past year, and the reasons therefor. There were thirty-eight applications, of which eight were granted. I have adopted the rule to consult in every case the Judge before who the convict was tried, and the. Attorney who prosecuted him. This generally leads to a full and fair investigation of the facts, and prevents the deception some ï~~ROBERT McCLELLAND 229 times practised, and the injustice done by exparte statements. In exercising the power, I have been as liberal as, in my opinion, the interest and welfare of the public would permit. The sales of public lands amounted, for the year 1851, to $148,11.9.48; for 1852, to $90,055.80. The receipts during the same periods to, $137,429.18, and $136,844.26. The whole amount of primary school lands sold up to the end of the last fiscal year, was 161,928.69 acres, unsold estimated at about 890,000 acres. The Congressional grant for university purposes was two townships, or seventy-two sections of land. Of this, only 44,416.31 acres were selected, leaving a balance unselected of 1,663.69 acres. Why these were never selected, I have not yet been able to ascertain, but have applied to the proper quarter for information. The total amount sold, up to November 30, 1852, was 23,547.25 acres, leaving unsold of those selected, 20,869.06 acres. The reduction of the price of the university lands may be asked for and urged. They are now unproductive. Many of you are acquainted with their location and value, and know whether it is expedient to reduce their price. Whatever is done, should be done advisedly, with due regard to the best interests of the university fund. The registers of the United States Land Offices at Kalamazoo, Genesee and Jonia, have made the necessary annotations upon the lists of swamp lands, transmitted to them for the purpose by the Surveyor General, under the act of Congress granting them to the State. The Registers of the Land Offices at Detroit and the Saut, have failed to do so, but it is hoped soon will. Many of these lands, amounting perhaps to thirtyfive thousand acres, have, since the passing of the act, been sold or entered under land warrants, at the general government land office. On my communicating the fact to the Commissioner of the general land office, in Washington, he advised me that in case of sales, they would be declared void, and the purchase money refunded to the purchasers; or, if the State will convey such lands to the purchasers, and take from them assignments of their rights, the purchase money will be refunded to the State, as the assignee of the purchasers; and if any of the lands have been located by bounty land warrants, the locations will be declared void, and the land certified to the State; but, if the State will make a title to the person locating such warrant, the new location of such warrant, made by the State, or the assignee of the State, according to law, will be respected and patented. If the State insists upon the sales and locations being annulled, great injustice may be done to innocent purchasers. The State would probably be the gainer by quieting the titles. As little is known about the swamp lands, and how. much may be required to drain them effectually, it might be judicious to have the Commissioner of the State Land Office inquire into and ascertain, as near as may be, their condition, and report to the next Legislature some ï~~230 MESSAGES OF GOVERNORS OF MICHIGAN plan relative to the grant, and the accomplishment of its object. As the whole may not be required for the purposes of drainage, I would suggest whether at least a portion of the proceeds might not be wisely applied to those of the educational funds which are most in need. The improvement and culture of the mind is an object of as great importance as the preservation of health or the improvement and culture of the soil. At all events I would most earnestly impress upon you the propriety and necessity of guarding and protecting this grant from being so improvidently disposed of as was that of the 500,000 acres of land heretofore granted by Congress. It is the opinion of the Superintendent of Public Instruction, that the laws now in force are nearly, if not quite, sufficient to carry into effective operation the provisions of the constitution relative to primary schools. Since the last session of the Legislature, there has been published by the Superintendent of Public Instruction, a most able, interesting and instructive history of the rise, progress and condition of the educational system of this State. His report constitutes a portion of it, and is replete with excellent practical instructions and suggestions. I would most earnestly solicit your attention to the 'views expressed in that, and his more recent report. It is a matter of sincere congratulation that our system of primary schools has received the sanction of the best and most scientific educators in the country. There is no subject of more importance to the welfare of our State, and to the purity and preservation of all our institutions. The Board of Education was authorized, by an act approved March 25, 1850, relative to the State Normal School, to receive such sum or sums as were donated by citizens of Ypsilanti and its vicinity, and to apply the same to the erection and completion of the necessary buildings, the purchase, of the necessary books, apparatus, furniture and fixtures, and for various other incidental expenses to be incurred in pursuance of the provisions of the act; and any deficit which might arise in the erection and completion of-such buildings and purchases, was to be paid out of the principal to be received on the sale of lands granted, not to exceed the sum of $10,000. The whole amount donated by citizens of Ypsilanti has been made available, viz: $13,500, and the requisite Normal School building, with rooms for the model school and other departments, has been completed and furnished, ready for the accommodation of pupils. In accordance with the provisions of the act recited, this has been accomplished with the additional expense of nearly $6,000 for building purposes, drawn from the principal of the Normal school fund, as provided in the act, thus furnishing, with comparatively small cost to the fund, an institution now ready to receive and prepare for the primary and union schools, a- supply of well qualified and thoroughly educated teach ï~~ROBERT McCLELLAND 231 ers-a desideratum which ought not to fail of marking a new era in our educational system and affairs. The Normal school has been placed under the charge of an able and competent superintendent. The building for the school having been finished, was dedicated with appropriate ceremonies, and a Teacher's Institute established on the 5th day of October last. Two hundred and fifty teachers enrolled their names as members of the Institute, which was held for three subsequent weeks. More than one hundred lectures, familiar or written, were delivered before the Institute, on subjects connected with the teacher's vocation. The plan pursued was unanimously approved by the teachers. It has been decided by the Board of Education, that the school shall be opened in April next, for those who may wish to prepare themselves to take charge of the primary and union schools, and a thorough English and scientific course for all pupils. The act establishing this school contemplates instruction in the arts of husbandry and agricultural chemistry. In this there is great propriety, and from it the most beneficial results may flow. A knowledge of many things useful to the farmer might be taught, and diffused by the teachers throughout the State, in an economical and yet most efficient manner. The funds of the school are not sufficient to accomplish the ends designed. All are deeply interested in its progress and rapid advancement. It is the surest, the cheapest and the best way in which the general intelligence of the people can be increased. If the intention of the Legislature which projected it, be faithfully carried into effect, it will be a fine school for the education of teachers, and afford to some extent, that instruction to our husbandmen, which should be provided for them by the State. The constitution requires the election by the people of Regents of the University, the reduction of their number, and a reconstruction and reorganization of the Board, making the President of the University their presiding officer. This requirement has been fulfilled, and it is believed the change will prove advantageous. The academic department has also been reorganized, and at the present time c&nsists of a President and six Professors. Judging from the distinguished reputation of the President, and the high character of the professors, I doubt not the institution will now rapidly progress. If properly appreciated and cherished, and that aid which it eminently deserves is extended to it, it may be made equal to any in the country. This is an object of prime importance and should be our constant aim. Its prosperity and elevated standing will reflect great honor on the State, and bestow large benefits on the people. Our young men should have as fine advantages here as elsewhere, and if so, few of them would be induced to go abroad. There are now sixty students in the under-graduate classes. The want of preparatory ï~~232 MESSAGES OF GOVERNORS OF MICHIGAN schools is seriously felt; but if the project of establishing union schools succeeds, that which is so much desired will be in a great degree supplied. The library is small and deficient, and suitable apparatus much needed. The Medical Department continues to flourish, and has already attained an enviable reputation. There are few institutions of the kind that offer so many advantages to the medical student. The course occupies seven mouths, and that of others only four. It numbers one hundred and sixty students. A comparison is apt to be instituted between the two departments, based upon numbers, but it cannot be fairly made, although the prerequisite attainments in the medical department are greater than usual, yet equal literary and scientific acquirements, and the same time, are not essentially necessary for graduation. The one leads directly to business, fame and gain, whilst the other is only a preparatory step to either. The University labors under financial difficulties from which it should be relieved. It has received a new impetus, and the prospect is bright and encouraging. This is not the time for the state to hesitate or falter, when the institution has been re-invigorated, and every assurance of success is given. The Capital is permanently fixed, and the State is the owner of real estate estimated at $106,995.63, in the village of Lansing. You should, therefore, be liberal to all improvements necessary to its health, prosperity or advancement. I would call your attention to the great danger of the public papers and records being destroyed by fire. The buildings erected are of such materials as to afford no safe protection against the elements. If the books and papers in the offices of the Treasurer and Auditor General.should be consumed, the loss could not be repaired, and the State would suffer to a very large amount. There is no fire engine in the place, nor any efficient organization to prevent such a catastrophy. Would it not be good economy, then, to have constructed a fire-proof building for these offices, and make such other provisions as the safety and security of the public property demands? In conformity with the provisions of the act for the procurement of a block of Michigan native copper, for the Washington National Monument, a beautiful block was prepared under the superintendence of the Hon. Andrew Harvie, and by him taken and presented, in a neat and appropriate manner, to the Board of Managers of the Washington National Monument association. The block, in its native state, wa generously contributed by the Pittsburg & Boston Mining Company. Thd whole work was performed with exquisite taste, by accomplished artists, residents of the city of Detroit. ï~~ROBERT McCLELLAND 23 To carry out the provisions of the act, there was placed at the disposal of the Governor, one thousand dollars, of which $910.36 has been expended, leaving an unexpended balance of $89.64, in the treasury. The accompanying report of Mr. Harvie, gives a most interesting and satisfactory account of all his proceedings in connection with the State's contribution to this noble monument. On the 26th day of August last, Congress passed an act for the construction of a ship, canal around the Falls of St. Mary. It grants to the State the right of locating a canal through the public lands, known as the Military Reservation, at the Falls at St. Mary's River, and four hundred feet of land in width, extending along the line of the canal, to be used for the construction and convenience thereof; and also, for constructing and completing said canal, 750,000 acres of public land, to be selected in sub-divisions, agreeably to the United State surveys, by an agent or agents to be appointed by the Governor of the State subject to the approval of the Secretary of the Interior, from any lands within the State, subject to private entry. These lands are at the disposal of the Legislature of this State, for the purposes aforesaid, and no other. The line of the canal must be located on the line of the surveys heretofore made for that purpose, or such other route between the waters above and below the Falls, as under the approval of the Secretary of War, may be selected. The canal must be at least one hundred feet wide, with a depth of water twelve feet, and the locks at least two hundred and fifty feet long, and sixty feet wide. The law requires it to be commenced within three and completed within ten years. Before it shall be competent for the State to dispose of any of the lands to be selected, the route of the canal must be established, and a plat or plats thereof filed in the office of the War Department, and a duplicate thereof, in the office of the Commissioner of the General Land Office. These are the most material provisions of the act, and those most essential to your intelligent action. So soon as I had notice of the passage of the law, deeming the work national in its character, I applied to the Secretary of War for a competent engineer, to make the necessary survey, plans and estimates, in order to save expense; to have it well and scientifically done, and to be able to communicate the information to you. My application was denied on the ground that there had been no money appropriated to defray the necessary expenses. On informing Capt. A. Canfield, an accomplished officer of the Topographical Corps of Engineers, of the fact, he promptly volunteered his services, on condition that he should receive no compensation for his time, skill or labor. Accompanied and aided by Judge Burt, a civil engineer of our own State, and a gentleman of great merit, he made the necessary examination and survey, whereof a most valuable and instructive report, together with a profile, map, plans and estimates of the work, is herewith submitted. He recom ï~~234 MESSAGES OF GOVERNORS OF MICHIGAN mends the minimum width and depth of the canal, as prescribed by the act of Congress, and two locks, each three hundred feet in length. By his proposed route, the canal will be nearly a mile long. The cost of construction is estimated at five hundred and fifty-seven thousand seven hundred and thirty-nine dollars. The whole expense of the survey and examination was two hundred and twenty-five dollars and thirty-seven and a half cents-being about one-third of what it would have otherwise cost the State. Great credit is due to Capt. Canfield for the liberal spirit which induced him to undertake this portion of the work, and the speedy, scientific and practical manner in which he accomplished it. You will observe that the route of the canal is to be fixed by you, and some provision made for the disposal of the lands and the construction of the work. The grant is to be applied exclusively to this object. The effort should be to construct the canal of such dimensions as the increasing commerce of the lakes demands, and as speedily and permanently as possible. At the same time that I wrote the Secretary of War, I communicated with the Commissioner of the General Land Office, and suggested the propriety of having some of the lands in the Lake Superior region and the contiguous territory noted on the books and plats, of the General Land Offices in this State, on the report of the State agents, so that they might be withdrawn from market, and kept out of the hands of speculators. The quantity would not probably exceed 50,000 to 75,000 acres, and as the certainty of the canal's being constructed would enhance the value of these lands, I deemed it advisable to appoint some agents with this view, and they were so instructed. As the commissioner adopted my suggestion, no possible injury could result to the State from my action. My determination has been, as far as practicable, to frustrate the designs of the watchful and grasping speculator, and at the same time, without compromising the public interest, to await the action of the Legislature, and consult the wishes of the contractors, if the work was to be done by contract. We should strive to keep the work itself out of the hands of mere speculators. The State has been entrusted with the application of the grant. We should promptly accept and honestly dispose of it. Every effort should be made to perform the trust faithfully. It is a work of great magnitude, and of especial importance to all the Lake States. I believe I properly appreciate its value, and the delicate position of the State in regard to it-and having entire confidence in the honesty of your purposes, I rely upon its receiving from you that consideration and attention it so eminently merits. There is no part of the State which deserves more your fostering care than the mineral region of Lake Superior. When the canal is completed, its importance will be better understood than it is at present. ï~~ROBERT McCLELLAND. 235 Stored with metalic wealth, its resources are vast, and only require capital, and that spirit of enterprise which characterises the American citizen to develop them. Complaints are uttered there against the legislation involving their interests, and not without foundation. A wise, judicious and liberal policy should be pursued, and nothing done to cramp the energies of its citizens. It is a new region-at certain seasons of the year, far removed from the rest of the civilized world-and its inhabitants compelled to endure many hardships and privations. Instead of being repelled from us by illiberal legislation, they should be encouraged, and every reasonable inducement held out to others to join them. In the end this will be found to be good policy. Unless all the indications are false, the part of the State will yet prove a valuable acquisition. It becomes you, therefore, to examine the acts passed relating to it, and if any wrong has been done, endeavor to repair it; if further legislation is necessary, give it freely and speedily. You are required to provide for an enumeration of the inhabitants of the State in the year eighteen hundred and fifty-four. It would be satisfactory and useful to provide for the collection, at the same time, of statistical information. The extra expense could not be large, and the practical results might be productive of much good. The question of remodelling the law regulating the sale of ardent spirits has been of late much agitated in this State. The existing law has not answered the expectations of its advocates, and is not generally enforced. Every good citizen is in favor of promoting the cause of temperance by all fair and legitimate means. Whatever plan may be devised by you should be well matured. Public opinion should be consulted, and the law adapted to the condition of the State. The Board of Auditors have the examination and adjustment of all claims against'the State, committed to them. Thus far they have faithfully discharged their duties, but their powers are great, and their action should be strictly guarded and severely scrutinized. Besides a record of their proceedings, the Board should make an annual report of all their doings. Some limit should be fixed to the presentation of clainis. A claim once rejected, should not again be entertained. It is almost invariably based on ex parte testimony, and the claimant has a decided advantage over the State. Why not give the decision of the Board the force of a judgment of a competent judicial tribunal? The State officers are prohibited by the constitution from receiving any fees or perquisites for the performance of any duties connected with their offices. It was not designed to prohibit or abolish office charges, but that they should be paid into the Treasury. Some provisions seems necessary to meet this change. I doubt the utility of this entire article of the constitution. The salary to which each State officer should be entitled, ought ï~~236 MESSAGES OF GOVERNORS OF MICHIGAN to have been left to the wisdom of the Legislature. Coming directly from the people, they would not have abused their confidence, but would have adapted the salaries to the services of the officers, and the condition and finances of the State. The people will never refuse to pay a just and liberal compensation to public servants. To many there appears to be a conflict between the constitutional and statutory provisions in regard to township officers. To prevent confusion, either the statutes should be amended, or a declaratory act passed. Much inconvenience has arisen from the act "to prohibit the maintaining of suits in equity by judgment creditor's bills, and to provide a law in lieu thereof." The ends of justice would be better subserved by giving the creditor the privilege of proceeding under this act, or filing a creditor's bill, at his own discretion. The contingent fund at the commencement of the last fiscal year, including $3,000, passed to its credit in February last, amounted to $10,097.98, of which $225.37 has been expended, leaving a balance of $9,872.61. In February next, $3,000 more is to be added to this by law, making the sum of $12,872.61. Of this, $1,000 may be required during the ensuing two years, and the remainder should be thrown back into the general fund, as there is no necessity in leaving so large an amount at the disposal of the Executive. Notwithstanding the superior inducements for emigration to this State, it has been comparatively small. This is a matter that seriously affects the interests of the State, and deserves consideration. Some steps should be taken to inform the emigrant of our condition, the peculiar advantages possessed by us, and to give such other information as is communicated to him by other of the Western States. There are yet within our limits 25,000,000 acres of land belonging to the general government. Most of these lands are fertile, productive, eligibly situated, easily improved, and cheaply obtained. No State can offer to emigrants more desirable locations and homes. A strong effort was made to induce the general government to reimburse the State the moneys expended in raising the volunteer regiment for the Mexican war. It has been attended with much trouble and perplexity. Through the vigilance of our delegation in Congress, we have at last partially succeeded; $19,425 of the claim has been allowed, of which $10,500 was retained by the general government to liquidate the interest on the bonds of the State, held in trust by it; and $8,925 was paid by draft. There is still a balance claimed of some $2,400, which I am assured will be soon adjusted. Nothing was done with the asylums for the deaf, dumb, and blind, and for the insane, by the last Legislature. The means heretofore appropriated are said to be inadequate. None of our citizens are more de ï~~ROBERT McCLELLAND 237 serving of your sympathies, and they cannot be too strongly commended to your favorable notice. If charges are preferred against county or township officers, and their removal by the Governor is requested, and an inquiry into the charges directed, the present law directs it to be done before the county judge. That functionary no longer existing, the duties should devolve upon the circuit court commissioner. The act relative'to the circuit courts provides, that if the circuit judge shall not attend court at any time before six o'clock in the afternoon of the second day of the term appointed to be held, the sheriff or clerk shall adjourn said court without day. This provision has sometimes caused unnecessary delay and embarrassment. There can be no impropriety in authorizing the adjournment to a day when the judge can attend. It is often impracticable for him to comply with the law as it is, and this change might obviate all difficulty. A copy of the journals of the Senate and House of Representatives is made by the Clerk and Secretary of the respective houses, after the adjournment of the Legislature, and deposited in the office of the Secretary of State, where it serves no other purpose than to lumber up his rooms, which are now too small. The corrected journals are printed under the supervision of the proper officers and numbers of them placed in the library, where they can be referred to. The written copy is never consulted. It costs the State several hundred dollars, which' may be more properly expended, and the unnecessary labor dispensed with. The growing necessities and increasing business of the State require the construction of new lines of Railroads. This can only be done by general law. I entertain no doubt of its propriety and utility and cannot perceive how the State can be injured by it. Like all general laws, it should be well guarded, and all prohibitions, conditions and limitations expressed in language so simple and intelligible, that ingenius and designing men cannot successfully pervert its true meaning. A grave question has been recently started as to the power to amend existing charters, to which I will for a moment advert. Corporations may be formed under general laws, but cannot be created by special act, except for municipal purposes. The Legislature may pass a law altering or amending any act of incorporation granted before the adoption of the constitution, with the assent of two-thirds of the members elected to each house; but no such act can be renewed or extended. The only point, now of consequence, is whether Railroad companies can be clothed with the power of extending, or very materially diverging from, the line of road already established, and fixing upon terminating points entirely different from those designated by their charters; in other words, can they be empowered to do that which was not designed or contemplated by the Legislature granting the charters? No new ï~~238 MESSAGES OF GOVERNORS OF MICHIGAN charter can be granted for any such purpose. If the power can be given to existing corporations, can it not be enlarged so as to permit the whole State to be thus covered with a net work of Railroads, contrary to the spirit of the constitution? as in that case the provision for a general law would be rendered unnecessary. There is no doubt the Legislature can increase and enlarge the present powers of these corporations, so as to enable them the more effectually to accomplish the original object to the grant; but can they confer powers which have in view objects far beyond the conception of the grantors of their charters? The provisions of a charter may be defective, or inefficient, and will not serve the purposes originally intended or designed, and here there may be no constitutional objection to an amendment which will aid the corporators in accomplishing this. But is there not room for strong doubt, whether you can go beyond this limitation, and grant to the corporators what you cannot bestow upon any other body of men, the power of extending the line of the road fifty, one hundred, or a thousand miles, or totally changing the terminating points, contrary to the tenor, effect, and design of the original charter? Is it not virtually granting a new charter? The provision of our constitution touching a general law appears to have been copied from the constitution of the State of New York, but the latter authorizes the Legislature to create corporations by special act in cases where in their jidgnwnt, the objects of the corporation cannot be attained under general laws. This places it entirely in the discretion of the Legislature. There is no such provision in our constitution. My reflections have led me to doubt, whether any such amendments, as will radically change the charter, can be made without militating against the provision for a general law. But as the object can be so easily attained under a general law, is it expedient to resort to a doubtful power to accomplish the same thing? You are authorized to pass a general banking law, to take effect when approved of by a majority of the votes of the electors of the State, cast thereon, at a general election. The constitution makes the officers and stockholders of every institution under such law, individually liable for the payment of its debts whilst they are officers or stockholders. It requires securities to the full amount of the notes or bills registered, in State or United States stocks, bearing interest, to be deposited with the State Treasurer for the redemption of such notes or bills, in speciethe bill holders to be preferred in payment-and it prohibits, in all cases and under all circumstances the suspension of specie payments. These are considered salutary provisions, well calculated to preserve and pro-. tect the rights and pecuniary interests of that class of our citizens in most danger from bank failures. Past experience has made our people exceedingly jealous of all such institutions; but it may be proper for you to inquire, whether it is better to have in our midst, banks upon a. ï~~ROBERT McCLELLAND 239 sound and healthy basis, which we can control, than to suffer our State to be flooded with the paper currency from abroad most of which is not, in reality, worth the paper on which the notes are engraved. At present we are giving character to the issues of banks about which we actually know nothing-in whose management we have no participation -and are thus literally paying a large tribute for what, generally in the end, proves to be a great curse. If the other States will permit the issue and circulation of a worthless, irredeemable currency, it should be our object to lessen, if we cannot entirely destroy, the evil. Experienced bankers estimate the amount of foreign bank notes in circulation in this State, at $3,000,000; domestic, $600,000; gold and silver coin in actual circulation, $500,000; making in the aggregate $4,100,000. It will be seen that a five per cent, a very reasonable estimate, we are annually paying the bankers of other States, $150,000. Much of this currency is the production of unsound banks and fraudulent bankers. Some of the banks are placed at points almost inaccessible to the bill holders. Large amounts are issued by eastern banks, expressly for circulation in the west. Even if we had a larger number of sound and solvent banks within our own borders, the inferior might take the place of the superior currency. It is a difficult matter to manage and regulate, but of one thing we could be certain, that upon all the capital employed for such purpose in the State, we could levy a tax, and thus receive some compensation for the franchises enjoyed. Bills were introduced at the last session of the Legislature to amend the charters of some of the present banks, and contain several valuable provisions. Something is necessary to produce greater uniformity, and as near as may be an adaptation to the provisions of the new constitution. I approve the policy of making one public officer a check upon another; but whether the method suggested in those bills is the best, I am unable to say. The principal object of legislation, as to banks, should be to secure the bill holder-to introduce a fair legitimate banking business-to protect capitalists and others who are disposed to prosecute it honestly-and to deprive designing and dishonest men of the power of defrauding the community. The charters of all the banks doing business in this State, excepting the Michigan State Bank, and the Bank of Macomb County, are under the control of the Legislature. In regard to these two, the bill holder has to depend entirely on the honesty, probity and ability of the officers and stockholders. The charter of the former expires in the year 1855, and of the latter (as I understand) in 1875. The Legislature in 1842 attempted to repeal this and other charters, but there has since been a decision of the Supreme Court of this State, which is considered adverse to the power so exercised. The charter of the Bank of Macomb County was connected with the construction of the Macomb and Saginaw Rail ï~~240 MESSAGES OF GOVERNORS OF MICHIGAN rQad, and was amended materially in 1840. Certain conditions are contained in the charter, which should have been performed. The bank ostensibly ceased to transact business some years ago, but has been recently revived. With a view of forfeiting its charter, a bill in chancery was filed against it, in the year 1846. The case was decided in February, 1851, by the Circuit Court for Wayne County, and an order entered dismissing the bill and proceedings. From this decision an appeal was taken to the Supreme Court, where it still remains undecided. No tax was paid the State by this bank until a few weeks ago, when one was paid under the law regulating the tax upon banks. If the charter is valid, a large amount of taxes is yet due from it; if it is not, the State is not entitled to receive any tax from it, as it might be viewed as countenancing its legitimacy. / My attention has been directed to an institution called the 'Adrian Insurance Company,' chartered in 1839, for insurance purposes, and amended in 1848. The officers of this company have commenced issuing notes or bills, in the similitude of bank bills, with a view of having them constitute a part of our circulating medium. They claim to possess and do exercise banking powers under their charter. I cannot learn that business of any kind whatever has before been transacted by the Company. Since the adoption of the new constitution, such dormant privileges are becoming valuable and as efforts will doubtless be made to spring into existence other such charters, it will be your province and duty seriously to reflect and act upon the subject. That in this instance the Legislature never 'intended to confer, but expressly prohibited, the exercise of banking powers, is evident from the whole scope of the act of incorporation. The tenth section, under which they claim to do a banking business, gives a power to purchase and hold real estate, with this proviso attached to it: 'Provided always, That it shall not be lawful for the said corporation to use or employ any part of their stock, funds or moneys, in buying or selling any goods, wares, merchandise, or commodities whatsoever, or in any banking operations or business, or in trade, or business of any exchange or stockbroker, or in the purchase or sale of any stock or funded debt whatsoever, created or to be created by or under any act of the United States, or of this or any particular State, nor to emit any notes or bills or make any contracts for the payment of money only except under the seal of said corporation; and all such notes and contracts shall to all intents and purposes be taken as specialties at low.' This is not all, but the only part of the proviso that bears upon the question under consideration. It will at once be seen that the corporators are in the plainest and strongest language prohibited from using or employing their means "in any banking operation or business, or in trade or business of any exchange or stock-broker." I am informed that they claim that the clause 'nor to emit any notes or bills, or make any con ï~~ROBERT McCLELLAND 241 tract for the payment of money only except under the seal of said corporation,' modifies, or in effect nullifies the banking prohibition, and gives them full banking powers. Now this very clause would seem to me to confine them to their legitimate business of insurance, and not to confer upon them privileges which private persons enjoy of signing and giving notes and bills and making contracts, without the necessity of a seal. The exception is clearly confined to the sentence, "nor to emit any notes or bills, &c.," and does not qualify any of the preceding clauses. It was manifestly intended to strengthen the prohibition and guard it more effectually, as bank bills are never made under seal, or taken as "specialties at law." The bills issued by this company do not purport to be under seal, and the only ground for any such pretence, is the word "seal," in small letters, on one corner of the bills, being a part of the engraving neatly executed, but evidently not impressed by the officers, and not a seal within the meaning of the charter. The charter contains no provision for specie payments, no limit as to issues or circulation, none of the most ordinary guards that are thrown around a banking charter, to shield and protect the people from the ruinous effects of a failure. It cannot be amended so as to give banking privileges, because there would be no fitness between the amendment and the act itself. The thirteenth section of the act of incorporation authorizes the Legislature at any time to alter, amend, or repeal it; and as its manifest intention has been perverted, which should not be tolerated, I recommend its repeal, saving if practicable, the rights of the bill holder. A project is understood to be on foot to resuscitate the Lake Erie and River Raisin Railroad Company and other corporations for like purposes. Every such attempt should be promptly met and defeated. The constitution clothes the Circuit Courts with power to issue writs of quo-warranto, and as it is expedient to have all proceedings against corporations terminated without unnecessary delay, proper provision should be made to enable these courts to give efficient operation to this power. The prosecuting attorney of each county also might be required to give such cases his attention. The emission of notes or bills, in the similitude 'of bank bills, by any person or company, without express banking powers, should be made a misdemeanor. Whoever debases the coin is severely punished, and why should not he, who otherwise debases the currency? I refer you to the Adjutant General's report for the condition of the militia. Volunteer companies, of which there are many in the State well equipped and disciplined, are well worthy your aid and encouragement. The Legislature now meets biennially. The State officers are no longer appointed by the Governor, and are not subject to the same close inspection and scrutiny as formerly. The impression prevails that I have con ï~~242 MESSAGES OF GOVERNORS OF MICHIGAN trol over them-am required to investigate the affairs of their officeand am responsible for their conduct; but neither the constitution or the laws, give me any such power. They are as independent of the Executive, as he is of them. He can call upon them for information, but if refused, there is no method devised of enforcing the call. In justice to them-I say with great pleasure-they have ever been most courteous and obliging, not only to me, but to all who have had official intercourse with them. I believe every thing in their offices will be found in good condition, and as the laws require-still the practice should at once be established, of a strict and rigid examination, so as to ascertain satisfactorily that all things therein are as they should be. If any wrong has been intentionally committed, or any duty neglected, let it be exposed and denounced. If every thing is right, let the officer have the benefit of it in his justification against any accusation. If any tangible charges are made against any of them, entertain and scrutinize them closely, and afford every fair opportunity to the persons preferring, to maintain them. This is just and proper, and what the interests and character of the State demand. Your session is confined by the Constitution to forty days, and is comparatively a short one. Still it is believed to be iongenough to accomplish every thing the welfare of the people requires. I trust that discarding those malign influences that too often infest legislative bodies, the wisdom, which may characterize your action, will show a proper appreciation of the great interests committed to you. In all measures you may see fit to propose, for the promotion of the public good, you may rest assured of my cordial co-operation. ROBERT MCCLELLAND. Jan. 24, 1853 From Journal of the Senate, p. 106 TO THE SENATE AND HOUSE OF REPRESENTATIVES: I most respectfully call your attention to that part of my message which relates to banking corporations. The tax is payable this month, and the State officers should be relieved from the doubts and uncertainties that have heretofore existed. The banks should not have the entire control, in fixing the amount to be paid. I am informed by the State Treasurer that the Government Stock Bank has paid its tax for the past year in conformity with the principle of the message, and why should not the others? The surplus in the treasury is large and increasing. It is now deposited ï~~ROBERT McCLELLAND 243 in Banks; and if the practice is to be continued, ample security, in my judgment, should be required for its prompt payment. I am prepared to nominate to a joint convention of both branches of the Legislature, an Adjutant General. R. MCCLELLAND. Feb. 10, 1853 From Journal of the Senate, pp. 291-292 TO THE SENATE AND HOUSE OF REPRESENTATIVES: My attention has been particularly directed to an act recently passed, relating to the formation of corporations for mining purposes, &c. Some of its features are objectionable, and are worthy of your immediate consideration. Companies can be formed under it for manufacturing purposes, without any restrictions or limitations of importance. Few of the ordinary guards are thrown around the law. I see no reasonable objection to the provisions relative to mining, &c.; but the propriety of the power to form companies for manufacturing purposes, without any individual liability, or any of the ordinary restrictions, is very questionable. The State may be covered with them, and great danger is apprehended from it. The tax fixed by the act is comparatively small, and such distinction between companies and individuals cannot be approved. The measure, in my judgment, will have the effect of cripling individual enterprise. As this is the last day that bills can be introduced into either House, without unanimous consent, I urgently recommend the subject to your attention, and respectfully suggest the propriety of confining the act to corporations connected with mining, &c., in which the people of the Upper Peninsula are interested. R. MCCLELLAND. Feb. 14, 1853 From Jcmrnal of the Senate, pp. 358-360 TO THE. SENATE: I have carefully examined the bill to amend the charter of the Farmer's and Merchant's Bank of Ann Arbor, and cannot give it my sanction. By its present charter, it is required to file with the State Treasurer, stocks of the United States, the State of New York; or six per cent stock ï~~244 MESSAGES OF GOVERNORS OF MICHIGAN of this State, and notes or bills to an equal amount are then countersigned by him and delivered to the Bank. If any of these notes or bills are presented at its office, and specie demanded and refused, application may be made to the Treasurer, who is required, within twenty days thereafter, to sell said stock and redeem the notes or bills. By the proposed amendments, the Treasurer is prohibited from proceeding to sell said stocks, until the lapse of twenty days after the presentation of the notes or bills. In other words, so far at least as this remedy is concerned, the time for paying specie by the Bank is extended twenty days. By this system of banking, I believe bankers do not generally consider themselves obliged to keep much gold or silver in their vaults; hence the principal dependence of the bill holder is on the stocks filed. The remedy as it now exists, is easy, cheap and effective. For many years past, it has been the policy of the State to discountenance a suspension of specie payments by our banks and I cannot be instrumental, in the remotest degree, in changing or modifying it. If the amendment does not do it directly, it does indirectly. There is no State where the people are so sensitive upon this subject, and none that have so much reason to be. Take from the bill holder the power of having the stocks sold immediately after a refusal to pay specie, and you withdraw the strongest incentive to the bank to do its duty and promptly redeem its notes. It is the only provision in the charter that effectually and unqualifiedly secures specie payments. The amendment gives to the bank twenty days in which to redeem, and the charter twenty days in addition within which the stocks may be sold-making, in the discretion of the Treasurer, forty days. I Another section of the bill provides that "if the Treasurer, Auditor General, and Secretary of State, or a majority of them, should decide at any time, that the said bank was insolvent, either upon the examination of the Treasurer, or upon satisfactory evidence that said bank has refused to pay any of its circulating notes when lawfully demanded in gold or silver coin, after being duly notified in the manner required by the provision before referred to, they shall forthwith appoint a receiver or receivers, to wind up the affairs of the bank. This leaves it entirely discretionary with these officers, and unless, they so will it, there can be no forfeiture of the charter, nor can the bank be put into liquidation, except by proceedings in our courts which are tardy, expensive, vexatious, and seldom accomplish much good. If the State officers decide the bank not to be insolvent, or refuse or neglect to make any decision, the bank could, at its option, suspend specie payments on all its circulating notes, for twenty days after presentation. The provision extending the time twenty days previous to proceedings to sell the stock, is calculated to mislead the State officers. It might, and probably would be used as an ï~~ROBERT McCLELLAND 245 argument against their taking action against the bank, until the expiration of the twenty days, and it would at least have the merit of being a plausible pretext. The objectionable feature in the bill might not operate very injuriously upon the large capitalist. It would embarrass, but could not deprive him of a resort to the ordinary remedies. But it would seriously affect the masses of the people, who know little about banking, less about the manner of enforcing their rights against a bank, and are often totally unable to incur the expense. Take this speedy method of redress from them, and the other remedies are to them a mere mockery. Of what use is the principle of specie payments, unless there is some prompt, speedy and cheap way of enforcing it. If the principle contained in the bill is good, and defensible in this case, it should and will ultimately be extended to all the other banks of this State; and this you are certainly not prepared to sanction. If such a state of things existed, every one possessing a small amount of the bills, and pressed for specie, would be at the mercy of the banks, and the bank paper of the State would rapidly depreciate. So long as it is the interest of a bank to preserve its credit, its officers will make every effort to do it; but something beyond this should be required. Every guard should be thrown around -the charters, so as to protect the billholder, and compel the bank to be honest. I do not view the sixth section as materially changing the aspect of the question. Looking at the bill as subversive of the principles that should control such an institution, not demanded by the people, and detrimental to the best interests of the State, and doubting its constitutionality, I herewith return it, without my signature, for such further action as you may deem expedient. R. McCLELLAND. February 14, 1853 From Journal of the House of Representatives, pp. 465-468 TO THE HOUSE OF REPRESENTATIVES: A bill has been presented for my signature to provide for draining certain swamp lands. It provides that all the lands situated in fractional townships fourteen north of range five, six and seven east, and townships thirteen, north of ranges five, six and seven east, also township twelve north of range six east, which were donated to this State by an act of Congress, approved September 28th, 1850, may be drained; and for this purpose be granted to some company, to be formed thereafter by persons now unknown, under the general plank road law. The plank ï~~2486 MESSAGES OF GOVERNORS OF MICHIGAN road is to run from Lower Saginaw to Tuscola. The company is authorized to enter upon any of the lands above described for the purpose of draining them and constructing a plank road. A "commissioner is to be appointed to examine the land, and certify to the drainage of the same, and is to be paid for his services by the company. There is much ambiguity in the third section, and its meaning is not clearly defined. It provides that the commissioner, "shall examine the said land, and such portions thereof as shall have been sufficiently drained for cultivation by said company, he shall certify to be so drained, and such certificate or certificates shall be filed in the office of the Secretary of State, and a duplicate thereof delivered to the president of said company; and all other lands described in the certificate of said commissioner, shall be held in trust by the Governor for the benefit of said plank road company. The president and directors of said company may make sale of the lands so held by the Governor, and. he is required to issue his patent therefor, to such person or persons as the president of said company may direct. This grant is made to a company having no existence, no security or any contract is required. It is permitted to take possession of the lands which they may strip of all its timber. May not a construction of the third section admit of a collusion between the commissioner and the company so as to enable the latter to dispose of many of the most valuable of the lands, and appropriate the proceeds to their own use, without expending a farthing for the accomplishment of the object designed by Congress? The Secretary of the Interior has been frequently pressed without success, to consumate the grant. The act of Congress makes it his duty, as soon as practicable after its passage, to make out an accurate list and plats of the swamp and overflowed lands, and transmit the same to the Governor, and at the request of the Governor, cause a patent to be issued to the State therefor; and on that patent the fee simple to the lands shall vest in the State subject to the disposal of the Legislature thereof. The Secretary of the Interior has positively refused to transmit a list or issue a patent for any of these lands, until the returns are made from all the federal land offices within the State. The land officers at the Saut have made no returns, and the State can receive no accurate or reliable information in relation to them, until this is done. No lists or plats having been transmitted, no patent has been issued. These lands according to the provisions of the act of Congress, are not yet subject to the disposal of the Legislature. Its action is therefore premature. At present nothing is officially known of the quantity of these lands, their situation, value or condition. Do you know the extent of the grant contained in the bill under consideration? Whether the lands are valuable or worthless? Whether they need to or can be drained, and how ï~~ROBERT McCLELLAND 247 many lands there are in the townships designated? The quantity Is variously estimated at from twenty-five thousand to two hundred thousand acres.. I have given this subject heretofore some consideration, and made inquiry of the land officers here, and at Washington, and yet can form no reasonable conjecture upon these points. Is it wise then to legislate in the dark, without examination or proper information, and without any system being marked out or adopted? The grant of Congress is magnificent. It is presumed to cover from three to four millions of acres of land, worth at least one million of dollars. I cannot but look upon this bill as an entering wedge to the resuscitation of an exploded system, which has deprived this State without any commensurate return, of the five hundred thousand acres of land heretofore granted by Congress. Does not wisdom and sound policy dictate a different course now? In my message at the commencement of the session, I stated, as far as I was informed, the condition of this grant, and recommended that "the Commissioner of the State Land Office inquire into and ascertain, as near as may be, the condition of the lands, and report to the next Legislature some plan relative to the grant, and the accomplishment of its object." Further reflection has more fully convinced me of the propriety of this course. I regret to be compelled, for the reasons assigned, to return the bill without my signature. R. MCCLELLAND. ï~~\ ï~~ACTING GOVERNOR ANDREW PARSONS ï~~ ï~~of K ï~~ANDREW PARSONS ï~~BIOGRAPHICAL SKETCH ANDREW PARSONS was born in Hoosick, New York, July 22, 1817, of Irish ancestry. He came to Michigan in 1835, at the age of 17, taught school for a short time at Ann Arbor, and later was a clerk at Prairie Creek in Jonia County. In 1836 he settled in Shiawassee County where he was soon elected register of deeds, which office he filled by re-election for six years. In 1848 he was prosecuting attorney in that county. He was elected regent of the University of Michigan in 1851, and in the following year lieutenant governor, on the Democratic ticket. On the appointment of Governor McClelland to the position of Secretary of the Interior in 1853, Mr. Parsons became Acting Governor of Michigan. In 1854 he was elected to the lower house of the State Legislature and retired from the executive chair to serve in the session of 1855, dying three months after the close of the session. As Acting Governor, Mr. Parsons was the last of the old regime. He served from March 7, 1853, to Jan. 3, 1855. There was little to distinguish this brief period of his administration, except the tremendous political excitement over the virtual repeal of the Missouri Compromise, which dwarfed every other interest. Governor Parsons was a man of spotless character, a fluent and persuasive speaker. As a politician he was candid, frank and free from bitterness, and as an executive officer firm, constant and reliable. He died at Corunna, Michigan, June 6, 1855. ï~~4{ 1 ï~~MESSAGES ï~~" ï~~1855 January 3, 1855 From Joint Docwments of the Starte of Michigan, pp. 1-22 FELLOW CITIZENS OF THE SENATE, AND HOUSE OF REPRESENTATIVES: This is the first occasion under our Constitution, on which it has become the duty of the Executive, at the close of his official term to give to the next Legislature, "information by message, of the condition of the State, and recommend such measures as he shall deem expedient." In pursuance of that constitutional duty, I submit the following information and recommendations: The amount in the Treasury Nov. 30th, 1852, was.......... $116,407.23 Receipts into the Treasury for the fiscal year of 1853, were 655,667.86 Total available means............................... 772,075.09 Expenditures for the year 1853, were,.................... 396,449.39 Balance in the Treasury, Nov. 30th, 1853,.............375,625.70 The funded and fundable debt, not due, November 30th, 1853, was,........................................2,339,392.07 Amount due the trust funds at the same time,..............466,956.26 The balance in the Treasury, Nov. 30th, 1853, was,...........375,625.70 Receipts into the State Treasury, for the year 1854, were,.. 610,699.97 Outstanding W arrants.................................. 147.98 Total available means,..............................986,473.65 Expenditures for the year 1854, were,............0..0..*.....433,469.57 Balance in the Treasury, Nov. 30th, 1854,.............553,004.08 The funded and fundable debt of the State, not due Nov. 30th, 1854, was....................................... 2,531,545.70 Amount due trust funds, at the same time................681,699.73 The specific taxes, for the year 1853, were,.................105,374.40 The specific taxes, for the year 1854, were,....0...0..........113,255.20 The account above stated embraces all the funds of the State, and shows all its financial transactions for the fiscal years of 1853 and 1854. The interest upon our State debt is promptly paid as it becomes due. There is now a large surplus in the Treasury, and it will doubtless con ï~~256 MESSAGES OF GOVERNORS OF MICHIGAN tinue to increase, unless some provision shall be made to absorb it by liquidating the State indebtedness. A large surplus in the Treasury should be avoided. It is not politic to tax the people to obtain money to loan to banks, or lock up in the treasury vaults; it would be safer in the people's hands, and likely to be more prudently and profitably managed by them. The State indebtedness, except to the Trust Funds, is not due, and as our Bonds are above par in the market, none are likely to be surrendered for payment, nor can they be purchased under our laws. I therefore recommend that Act No. 173 of 1848, be so amended as to provide that interest upon our partpaid Bonds, which shall not be surrendered within a specified time, after proper notice, in pursuance of the provisions of that act, shall cease. The law of 1848 was amended in 1853, so as to provide that when funded, these bonds shall be made redeemable at the pleasure of the State within the time fixed for the maturity of the original bonds; and the amendment now proposed would probably induce a surrender of that class of bonds, and provide a way for absorbing the surplus funds in the liquidation of our State indebtedness. If this shall be done, and a provision be made for purchasing our full paid bonds at their market value, when there shall be a surplus in the Treasury that cannot otherwise be properly used, it will then become important, as it is now obligatory, to provide by law a sinking fund in accordance with the provisions of the constitution. Without the amendment or provision proposed, a sinking fund as required by the constitution, would add to the evil of a large surplus fund. There can, I think, be no doubt that the State has a legal and equitable right to change the Act of 1848 as proposed. The Act is but a proposition in the form of a law, "that upon the surrender at the Treasury of this State of any of the said part paid five million loan bonds still outstanding, the holder of the same shall be entitled to receive from the Governor of the State certificates of stock or bonds," at a rate therein mentioned. This proposition, until accepted by the bond-holder by a surrender of his bonds according to its provisions, may be rightfully altered by the State. Neither would it be a hardship to the bond-holder to change the proposition as recommended; it only requires him, virtually, to receive his money if he desires it, or if he prefers the State to keep it for him, not to demand interest upon it. The policy of allowing banks to be the depository of the surplus funds of the State, I think is very objectionable; but if that policy is to be pursued, I recommend that Act No. 63, of 1853, be so amended as to require the payment of interest on the deposits, at the rate of not less than five per cent per annum, and that the Governor be constituted one to approve the security to be given by the banks. I believe it to be the true policy of the State to use the trust funds ï~~ANDREW PARSONS 257 towards paying our State debt; the State may as well pay interests to these funds as to bond-holders. By pursuing this policy until the public debt shall be paid, no loss will accrue by loans insufficiently secured, nor delays occur in the payment or collection of interest. This policy was doubtless contemplated by Art. 14 of the constitution, which provides, that "All specific State taxes, except those, received from the mining companies of the Upper Peninsula, shall be applied in paying the interest upon the primary school, university, and other educational funds, and the interest and principal of the State debt, in the order herein recited, until the extinguishment of the State debt, other than the amounts due to educational funds, when such specific taxes shall be added to, and constitute a part of the primary school interest fund." By an Act of 1853, the law in relation to the assessment and collection of taxes was revised, and important amendments made thereto. This law was at first objected to by some, who seemed to think it was a material change of the principle of assessment and taxation contained in the old law. The amendment did not change the principle of taxation; but in its detail, more effectually provided for the assessment of large amounts of property that had escaped taxation under the old' law, and for assessing property more nearly to its cash value. The aggregate value of real and personal estates for the year 1851, as assessed in the State, was but $30,976,270.18. For the year 1853, the first assessment under the new law was $120,362,474.35. The change has produced a marked, and it is believed beneficial effect, and little if any amendment to the law is required. By a joint resolution of 1853, the Contingent Fund, then amounting to $9,872.61, was transferred to the General Fund, except $1,000.00, of which $607.65 has been expended during the last two years. It is believed that the sum of $1,000.00 will be sufficient for the ensuing two years. Under the Constitution, "Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes." The Legislature has heretofore neglected to pass a law under which Railroad corporations may be formed. I think it should no longer be neglected, and that it should be among the first subjects to which your attention shall be directed. But while such a law should afford every reasonable facility for the construction of railroads, great pains should be taken in guarding it against the power of abuse. The Port Huron and Lake Michigan Railroad Company was chartered in 1847, with a capital stock of only two millions of dollars. It is represented by the officers of this company, that eight millions of dollars will be required to construct and equip the road in such manner as is proposed, and that capitalists, able to build and equip it, are ready to do so as soon as the capital stock shall be increased to that amount. To ï~~268 MESSAGES OF GOVERNORS OF MICHIGAN the proposed increase I can see no objection; the State would be largely benefited by the construction of the road, and the specific tax which the increased capital would bring into the Treasury, would be a large item in its annual receipts. The Act of 1853, to authorize the formation of corporations for mining and other purposes, limits the capital stock of each corporation to five hundred thousand dollars, and the shares to twenty-five dollars each. It is represented that this restriction has prevented the investment of a large amount of capital in the Upper Peninsula. The business of mining copper is very expensive, and a large capital is frequently requisite to carry it on profitably. The business of mining, unlike that of banking, is calculated to develop the resources of the country, and add to its wealth-and I can see no objection to allowing as much capital to be used by any company in the business, as may reasonably be desired. Every facility should be afforded for the development of the rich resources of the Upper Peninsula. I therefore recommend that the law referred to be amended, so that the capital stock of any such corporation may be increased to two millions of dollars, and the shares to one hundred dollars each. The policy of enacting a law for Banking purposes at this time, I very much doubt. That a General Banking Law may be enacted under the restrictions of our Constitution, that would be as safe as the banking system of any of our sister States, I have no doubt. That money may be made and saved to many of the people of our State, by an investment of capital for banking purposes therein, is equally clear; but how much many of our people may lose by such investment, in the sequel, the teaching of the past, as well as of the present period, render much less certain. The passage of such a law is less objectionable however, by reason of the constitutional provision, that before it shall take effect, it must be submitted to a vote of the electors of the State, at a general election, and be approved by a majority of them. Before such an election would take place, time would be given to discuss the provisions of the act, and the propriety of making it effectual. I. believe it would be wise policy to prohibit by law, the circulation within the State, of bank bills or notes of a less denomination than five dollars. There is now, and will continue to be at periods, while banking shall be tolerated, a vast amount of bank bills in circulation, as money, within the State and throughout the country, either worthless or of doubtful value. It is impossible for our people to deal in this trash without suffering certain loss. This loss, which is great every year, falls in a degree more heavily upon the laboring classes, who cannot be expected to take and read bank detectors, or keep watch of the improvident or fraudulent conduct of many of these banks and their hirelings. This bank paper takes the place of specie and smallchange, and drives both ï~~ANDREW PARSONS 259 from the country, or beyond the reach of our producing classes. Should all the States of the Union adopt the measure proposed, the evil here complained of, as well as over bank issues, expansions and contractions in the money market, would to a great extent be checked, and the raging and dangerous spirit of speculation so common to the people of our country, be much guarded against. I believe the adoption of this measure by our own State would be very beneficial. In its adoption other States have preceded us and others would probably follow. Some of the old Banks, chartered many years ago, which commenced, but are not now doing business, and have failed, it is claimed have legal banking powers. The Legislature has heretofore attempted to repeal these charters, but in a careless, and in some cases it is claimed, ineffectual manner. The Erie & Kalamazoo Railroad Bank, (the charter of which the Legislature attempted to repeal,) since the last session of the Legislature, claimed to have legal existence, commenced doing business, issued a large amount, and finally failed. It is believed, the bill-holder has no security. Soon after this bank attempted a resuscitation, I requested the Attorney General to examine the question of its legal existence, and if in his opinion it had not legal banking powers, then to take such steps as would be necessary to immediately stop its doing business. The Attorney General expressed his opinion that the Legislature had failed to effect a legal repeal of its charter. I recommend a careful examination of all these old bank charters, and that where they have not been, they be now effectually repealed. Since the last session of the Legislature, a complete list of the Swamp Lands, has been transmitted to me by the Secretary of the Interior, and I have requested a Patent to be issued therefor, in pursuance of the Act of Congress granting these lands to the State,-Patents for a large portion of them have been already issued, and received, and others will soon be issued for the remainder. Lists, and plats, of all these lands are deposited in the State Land Office. This grant contains 5,879,811 21-100ths acres, and amounts to a much larger number than all other grants heretofore made to the State, for whatever purpose, and is estimated to be worth from two to four millions of dollars. By the terms of the grant, these lands are made subject to the disposal of the Legislature of the State, under the following proviso: "That the proceeds of said lands, whether from sale or direct appropriation in kind, shall be applied exclusively, as far as necessary, to the purpose of reclaiming said lands by meansof levees and draine2-A considerabe porionleTiifidsare comparatively dry, and clearing off the timber from them in the ordinary way of clearing timbered lands will sufficiently reclaim them;-some of the lands of this ï~~260 MESSAGES OF GOVERNORS OF MICHIGAN character are as valuable as the Government lands in their vicinity, but doubtless the greater portion of the lands granted are really "wet and unfit for cultivation," and require draining to reclaim them. The Legislature in 1851, enacted a law providing for the sale of the Swamp lands, and that "all money received from the sale of said lands shall be and remain a fund for the purpose of reclaiming said lands in conformity to the provisions of the grant." 142,933 9-100ths acres, have been sold by the Commissioner of the State Land Office for the aggregate sum of $113,212.49, and Patents for a portion of the lands so sold have been issued. It is doubtless the duty of the Legislature to appropriate the proceeds of these lands as far as necessary to the purpose of reclaiming them; but to undertake a general system in detail of draining the lands, I am very fearful, would result in squandering a large portion of this great fund. The time required to determine how far it would be necessary to drain each tract would be years, and the expense enormous. Almost every county and town, where any of these lands are situated, would be jealous that it would not obtain its portion of the fund. In many instances, small tracts of from 160 down to 40 acres are situated miles from others of the grant, and it would require perhaps ten times their value to drain them. A general system of drainage in detail, would require a large number of commissioners, or persons in different portions of the State, to have charge of the work, and I think it cannot be denied, that in many instances, were the Legislature to take every reasonable precaution in enacting such a system, the proceeds of the lands would be used as a corruption fund to advance personal pecuniary or political interests. It is doubtless within the province of the Legislature to determine how far it is necessary to drain these lands, or what amount shall be set apart for that purpose. I therefore recommend an amendment of the present law, so as to provide that these lands shall be sold subject to drainage by the purchaser, if it shall be deemed by the Legislature that this would be a sufficient compliance with the conditions of the grant. If the price of the lands shall not be fixed too high, there can be no doubt that many and large tracts, would be purchased and drained within a short time. If it should be deemed that this would not be a sufficient compliance with the conditions of the grant, I then think it would be a policy 'for the Legislature to exercise its prerogative, and determine what amount will be "necessary" to comply with the conditions of the grant,-set it apart for that purpose, and appropriate the balance, either to the purpose of extinguishing the State indebtedness, or to the educational fund, or a portion to each. Then a separate act may at this session or hereafter, be passed, to provide for the expenditure of the amount set apart for drainage. If this course shall be thought best, I think a large sum would not be necessary to be set apart ï~~ANDREW PARSONS 261 for this purpose, for then, doubtless, most of the lands would be purchased with a view to their reclamation by the purchaser at his own expense. It has been thought that the minimum price, fixed under the existing law, at seventy-five cents per acre, was too low; but since the passage of the Graduation Act by Congress, it is thought the price is quite high enough. It is probably true, that a few of these lands may be selected that would be worth more than that price, but by far the greater portion will not be worth half that price, taken subject to drainage, during the present generation. To fix the price of all these lands so high as to obtain the full value of a comparatively few lots, would prevent the sale of large tracts of wet marsh and swamp land, which at a lower price would be purchased for the purpose of drainage, and I believe would be very impolitic. By reason of a disagreement of the Judges of the Supreme Court, upon the question of the constitutionality of the "Act prohibiting the manufacture of intoxicating beverages, and the traffic therein," it has generally been considered that the Act could not be enforced. The question of the propriety, as well as of the power, of the Legislature to prohibit the manufacture and sale of spirituous liquors to be used as a beverage, is one upon which people sincerely disagree. The chief object of human government, is to protect man in the enjoyment of life, of his property, and his natural rights; hence, it is claimed by many that as it is a natural right of man to make and sell spirituous liquor to use as he pleases, it is a usurpation on the part of the Legislature to prohibit the exercise of that right. On the other hand, it is claimed, that the use of intoxicating liquor, as a beverage, is not essential to the health and happiness of man, and that its manufacture, sale and free use, render property unsafe, produce insanity and madness, occasion murder, and the destruction of man's natural rights; and that, therefore, they should be prohibited, as necessary to the accomplishment of the chief end of human government. It can scarcely be denied, that the free use of intoxicating liquors occasions more crime, poverty and misery in the land than any one thing. There is, however, an honest difference of opinion among our people as to the policy of stringent laws to prohibit their manufacture and sale. Under our government, if laws are striotly enforced, it is by the power of public opinion; hence a law upon our statute book, which for its stringency the people will not sustain, but rather use every effort to bring into disrepute and oppose, is worse than no law. It is generally considered that spirituous liquors are essential for mechanical and medicinal purposes. The Constitution provides, "that the Legislature shall not pass any act authorizing the grant of license for the sale of ardent spirits, or other intoxicating liquors". It is, therefore, doubted ï~~262 MESSAGES OF GOVERNORS OF MICHIGAN by many, that the Legislature can, constitutionally, by an act, prohibit their manufacture and sale by some, and provide for it by others. In view of the Constitution, and the present state of things relating to this question, I recommend a repeal of the law of 1853, and all laws on the subject, and the passage of an act prohibiting entirely the sale of spirituous liquors in a less quantity than one or more gallons, and that not to be drank in or about the place of sale, and all to be carried away at one time; and also prohibiting the sale or gift as a beverage to any person of known intemperate habits. There can, I think, be no sound objection, to the constitutionality of such a law, and it is believed it can be sustained. It would shut up all that class of inns and shops, which draw together the liquor-loving, the drunkard, the lawless, and the vagabond, and are the most disgraceful, and produce the most crime and misery. I respectfully refer you to the elaborate report of the Board of Trustees of the Michigan Asylums, for a detailed statement of the situation, and operations of those Institutions, and to' the recommendations of the Board, contained in their report. The Board have adopted plans for the buildings, which will be submitted to your body, and have expended the amount appropriated in 1853, for their erection. The Board hired a building at Flint, for the purpose, and organized in January last the institution for the education of the Deaf and Dumb and the Blind, under the superintendence of Rev. B. M. Fay, as Principal. Nineteen deaf mutes and two blind, have received the care of the State, and the Board say, the number is likely to increase rapidly. One of the wings only, of this Asylum building has been commenced, which is designed for temporary necessity, until the whole shall be completed. The amount estimated to complete this wing, is $18,000, and the Board ask an immediate appropriation of that sum, to enable them to complete it by November next, when the lease of the premises now occupied will expire. The estimated cost of the whole building when completed, is one hundred thousand dollars. The site for the building is finely situated, adjoining the pleasant and thriving village of Flint, and embraces about 33/2 acres of land, watered by a beautiful and durable stream. The site of the Asylum for the Insane is about one mile from Kalamazoo, and sufficiently elevated to bring in view therefrom that beautiful village, and to overlook the surrounding country. It embraces about 167 acres of land, most of which is finely timbered with the original growth of oak, hickory and other varieties; and through the tract flows a small but rapid stream of pure water-land the Board express the opinion, that "few Institutions in the United States, which have been selected for similar purposes, equal this in natural beauty and advantage." The estimated cost of this building when completed, is two hundred thousand dollars. The Board. estimate the number of the in ï~~ANDREW PARSONS 263 sane in this State to be not less than five hundred, and that the greater part of these are proper subjects of State care. They are of the opinion that not more than three hundred can be best accommodated at one Institution, and that therefore, were this Asylum now completed, it would be inadequate to the wants of the State. The Board also express the opinion that there are important objections to the completion and occupation of one portion of this building, while the remainder is in progress; and the reasons which they assign I believe to be cogent. They recommend an appropriation of one hundred and seventy-five thousand dollars, for continuing and completing the Asylum for the Insane, and seventy-five thousand dollars for building and other necessary expenses of the Institution for the Deaf Mutes and the Blind. It is not perhaps expected that these appropriations will be made to be drawn from the Treasury in one year. I recommend that the amounts asked by the Board, to continue and complete these Asylums, be appropriated, to be drawn at such times as you, in your wisdom, may dictate, with a view to as early a completion of them as the condition of the Treasury will warrant. The Michigan Asylums were established in 1848, when, and at subsequent periods, appropriations of twenty-five sections of salt spring lands, were made for the erection of buildings, and support of these Institutions. I believe these lands constituted the entire "Asylum Fund." They are being sold at $4 per acre-7,378 36-100th acres had been sold on the 30th day of November last, for the aggregate sum of $29,553.44. Should all these lands be available at $4 per acre, the fund would ultimately amount to $64,000. The balance required to construct the buildings and support the Institutions, must be drawn from the General Fund. The affairs of the State Prison, I believe, have been well conducted with reference td economy, and the best interests of the State. The prison does not, however, yet sustain itself. The Board of Inspectors in their report of 1853 say, "this cannot happen in the exercise of the most rigid economy until the existing contracts for the labor of the convicts expire; nor even then, unless there shall be more competition for convict labor than there has been heretofore. At the last letting of the contracts, great efforts were made to raise the price of labor, but to little purpose." The average daily earnings of the convicts employed on contracts, have been but 321/2 cents a day. Since these contracts were let, labor has much advanced in price and value, while, on the other hand, the price of almost all kinds of supplies for the prison has greatly increased. At fifty cents a day, which it is thought may be obtained whei the contracts shall again be let, the convict labor will quite pay the expenses of the prison. ï~~264 MESSAGES OF GOVERNORS OF MICHIGAN The amount of cash received by the Agent for the year 1853, was as follows: Cash on hand............................................ $77.34 Cash received from the State Treasury.....................9,500.00 Cash received from prison resources...................... 15,910.46 Total............................................. $25,487.80 The expenses for the same period were as follows: For ordinary support of the prison....................... $20,444.74 For building and repairs................................ 4,597.35 Total..............................................$25,042.09 Leaving a balance in the hands of the Agent Nov. 30th, 1853, of $445.73 The number of convicts in the prison Nov. 30th, was.............. 206 There were received during the year 1853, on sentence............ 71 R etaken....................................................... 1 Total....................................................281 During the same period, there were discharged as follows: By expiration of sentence....................................... 42 By pardon.................................................... 24 By writ of Habeas Corpus...................................... 1 D ied.......................................................... 9 Total.................................................... 76 Leaving in prison Nov. 30th, 1853............................... 205 The daily average number of convicts was 210; 170 of the convicts were employed on contract, 6 in building and repairing, 24 about the prison, 4 were confined in solitary cells, and 11 were unemployed, by reason of sickness and infirmity. The amount of cash received by the Agent, in the year 1854, was as follows: Cash on hand........................................... $445.73 From the Treasury..................................... 10,100.00 From prison resources.................................. 18,267.82 Total............................................. $29,213.55. ï~~ANDREW PARSONS 266 The expenses for the same period, were as follows: For ordinary support of the prison........................ $25,229.69 For building and repairs................................. 3,502.84 Total.............................................. $28,732.53 Leaving a balance in the hands of the Agent, Nov. 30th, 1854, of $481.02. The number of convicts in the State Prison Nov. 30, 1853, was.. 205 Number received during the year 1854, on sentence............... 103 Total.................................................... 308 During the same period there were discharged, as follows: By expiration of sentence...................................... 49 By pardon.................................................... 9 Died......................................................3 E scaped...................................................... 1 Total.................................................... 62 Leaving in Prison, Nov. 30th, 1854............................ 246 The daily average number of convicts was 219; of this number 199 were employed on contracts; 34 by the State, in building and repairs, and about the Prison; 6 were confined in solitary cells, and 7 were unemployed by reason of sickness and infirmity.! Included in the expenditures for this year, is the sum of $571.24 for provisions on hand Nov. 30th. The building, (for which the sum of $5,000 was appropriated in 1853,) for the imprisonment of convicts sentenced to solitary confinement for life, was not commenced until September last, for the reason that the Board of Inspectors deemed that sum entirely insufficient to accomplish the purpose, unless a much greater number of convicts should be employed on the work than could be obtained at any. time during the last two years. A plan of the building has been prepared, and the appropriation is now being expended for materials, preparatory to commencing its erection the ensuing spring, when it is thought by the Board, that a sufficient number of convicts may be reserved for the work, to carry it forward to an early completion. Crime in the State seems to keep pace with its rapid increase of population. On the 30th day of Nov., 1850, there were only 131 convicts in the State Prison; on the 30th day of November, 1854, the number was 246, having nearly doubled in four years. The Board of Inspectors report that there are only 246 cells in the Prison, and that should the number increase as anticipated, it will be necessary to lodge many convicts in the hall occupied by the guards at night. This would be ï~~266 MESSAGES OF GOVERNORS OF MICHIGAN unsafe and dangerous; and necessity, therefore, requires the immediate construction of more cells. Doubts have arisen as to the authority of the Board of Inspectors, to draw money from the Treasury on their certificate, for the purpose of building. An appropriation for this purpose, of about $4,000 will therefore be necessary. I respectfully refer you to the Reports of the Board of Inspectors and Agent of the Prison, for the years 1853 and '54 for a detailed statement of the Prison affairs. I believe it to be the duty of the Legislature to establish a House of Correction for juvenile offenders. There are many children of tender age, when they are easily tempted and cannot estimate the enormity of crime, who are induced to commit offences, which send them to the County Jails or State Prison, among hardened offenders, where they are likely to learn more iniquity than good. Many of these, if confined in a proper place-trained to habits of industry, and properly taught the error of their way and their duties, while yet young, would come out prepared to shun temptation, and to make good and useful citizens. It is enjoined upon the parent, that he train up his children in the way they should go. If the State assumes to take the charge of children away from their parents, or to take charge of orphan children it should not treat them as men of understanding and hardened in iniquity, but as a parent train them up in the way they should go, in the hope and trust that when they become old, many of them will not depart from it. The Constitution requires the Executive to communicate to the Legislature at each session, information of each pardon granted and the reasons therefor. It is, I think, a wise provision, calculated to place a proper check upon the Executive on the one hand, and on the other to protect him from misrepresentation and unjust censure. Accompanying this message is a communication in pursuance of that Constitutional provision. The number of applications for pardon since the duties of Executive devolved upon me, has been seventy-five. Three were granted by my predecessor before his resignation, the reason for which also accompany this message. The duty of deciding upon applications for pardon is perhaps the most delicate and trying of any which is imposed upon the Executive. I have observed a wide difference among people as to the principle which should govern the Executive in deciding these applications. Some would extend the hand of mercy and forgiveness where there was only a probability of reformation; and characterize a different principle with austerity and cruelty. Others, differently constituted, make little or no allowance for the frailty of human nature, and would exact stern justice, untempered with mercy; and reproach a less rigid principle of' action with imbecility. ï~~ANDREW PARSONS 267 Discarding the notion, that justice blended with mercy was cruelty, or that austerity was firmness and wisdom, it has been my aim to examine each application with care, and due reference to the great objects of punishment. These objects I have deemed to be, 1st. The reformation of the convict. 2nd. That he may be placed, when imprisoned, beyond the power of doing harm until reformed; and 3rd. That others may be deterred by the example of punishment, from becoming its subject. If it were certain in any case the 1st object was accomplished, it is then clear, that the second would be; and indeed, were this certainly known to all, the example of punishment would scarcely be necessary. It would be inconsistent and impossible for the Executive to make a personal examination of all the facts of each case; he must to a considerable extent depend upon the representations and recommendations of others who are more or less acquainted with the character of the convict, the peculiar circumstances of the offence, the degree of guilt which attaches to it, with the trial, or with his conduct after trial. It is doubtless as much the duty of the executive to grant a pardon when, from careful investigation, he is satisfied that the ends of justice have been fully met, as to refuse it when he is not. By an examination of the reasons for granting these pardons, it is confidently believed, that the official or personal character of the persons, generally, who have recommended them, will be a sufficient guaranty that their representations and recommendations have not been made in a thoughtless or careless manner, but that they were entitled to consideration. Of the j thirty-five pardons granted by me, it will be seen that 11 have been recommended by both the Judge who tried and sentenced the convict, and the Prosecuting Attorney who conducted the trial; that seventeen have been recommended by either the Judge or Prosecuting Attorney; three others by most or all of the Jurors who tried the convicts, and that the term of sentence of two had nearly expired; leaving but two not included in one or the other of the above classes. In all cases I have had evidence from the officers of the prison of the uniform good conduct of the convict while in prison. An enumeration of the inhabitants of the State has been taken for the year 1854, in pursuance of the act of 1853, providing for taking the Census. By the returns received, the population of the State amounts to 509,374. It will be your duty, under the Constitution, to "re-arrange the Senate districts, and apportion anew the Representatives among the counties and districts." Under the present Constitution, the pay of members of the Legislature is limited to forty days, and the regular sessions to biennial periods. I think it is generally conceded that this time is insufficient to enable the Legislature to carefully consider and perform the legislation required ï~~268 MESSAGES OF GOVERNORS OF MICHIGAN in this rapidly growing State. The time required to set in motion the machinery of a legislative body, composed of two houses, and of members who are strangers to each other, will necessarily consume a considerable portion of forty days. Under the old Constitution, the regular sessions were annual and unlimited, and usually continued about ninety daysthus employing about four and one-half times the period for which members are allowed pay under the present Constitution. That a reformation of the former Constitution was requisite in this respect, is doubtless true -but the reformation went too far. It is true, that the Governor may convene the Legislature on extraordinary occasions; but if the occasion is rendered extraordinary by reason that the Constitution does not allow sufficient time at the regular sessions to perform the requisite legislation, then it is clear that it is the duty of the people to amend the Constitution, and not throw the responsibility upon the Executive of supplying its defects. I recommend that the proper steps be taken to amend the Constitution in this respect, so as to provide for annual sessions of forty days, or biennial sessions of eighty days each. The policy of limiting the sessions is without doubt correct. My predecessor in his last annual message, called the attention of the Legislature to the doubtful utility of the article of the Constitution specifying the salaries of the Judges and State officers; and I concur with him in the opinion, that the salary.to which these officers should be entitled, ought to be left to the wisdom of the Legislature. When the Constitution was adopted, fixing these salaries, the State Treasury was empty, the State, and the People of the State, were laboring under severe pecuniary embarrassments; prices were everywhere depressed, and living was cheap. Since then, the times have materially changed; almost every thing required for man's support has nearly doubled in price, and the State Treasury has been largely replenished. These salaries are not as high as the clerks of many mercantile establishments are able to command, in our own State, and it is believed they are too low. The people cannot be unwilling to reward their public servants according to their position and services. The duties of most of these officers are very arduous, and of great responsibility. The salary of the Agent of the State Prison is fixed by law at $700, and it is so small that it is very difficult to obtain the services of a suitable man for that post. I therefore respectfully call your attention to the subject of these salaries. The ftrd proof State Offices, for the erection of which, the sum of ten thousand dollars was appropriated in 1853, have been built, and are now occupied by the State officers, except the Superintendent of Public Instruction for whom there is no room. The plan of the building procured by the Commissioner in pursuance of the act did not include a ï~~ANDREW PARSONS 269 room for that officer, nor the State Library; the appropriation was much too small. The entire cost of the building, which was intended by the Commissioner to be brought within the appropriation when the plan was procured, was5$15562;.0. It is thought the work was well, substantially and economically done. The State Library is in the Capitol building and is far from being safe there. I respectfully call your attention to the report of the Adjutant and Quartermaster General of the condition of the Militih, and to the recommendations contained in his report. The officer having charge of this department, it is believed, is entitled to much credit for the promptitude, zeal and ability manifested by him in the discharge of his official duties. By the Constitution, the Legislature is required within five years from its adoption, to "provide for, and establish a system of Primary Schools, whereby a school shall be kept without charge for tuition, at least three months in each year, in every school district in the State." This has not been done, and before the next Legislature will meet, more than five years will have elapsed from the adoption of that instrument; it will therefore become your duty to see that this requirement of the Constitution is complied with. The total number of acres of Primary School Lands sold, to November 30, 1854, was........................... 278,362.65 The total amount for which they sold, was.............. $1,384,288.03 Of this amount was sold during the years 1853, and 1854.. $519,801.85 The total number of acres of University Lands sold, up to November 30, 1854, was..............................,37,251.89 The total amount for which they sold, was................ $452,423.07 Of this amount was sold in 1853 and 1854................ $171,330.23 The total number of acres of Normal School Lands sold up to November 30, 1854, was............................ 10,233.26 The total amount for which they sold, was............... $56,503.70 Of this amount was sold in 1853 and 1854................. $31,303.82 The increase of the Educational Funds has been encouragingly rapid. The whole number of children in the State between the ages of 4 and 18 years, is.............................175,151 The whole number that have attended a Primary school, during the year, is-.................................. 130,000 No reports from the covinties of Washtenaw and Shiawassee have been received for the year 1$54, and the estimate of the number of children in those counties between the ages of 4 and 18 years, and that have attended school, is made from the report of the previous year. These figures show that over one-th4rd of the entire population of the ï~~870 MESSAGES OF GOVERNORS OF MICHIGAN State are entitled to attend the Primary Schools, and draw their proportion from the fund for their support; and that over one-fourth of the entire population have actually attended these schools during the last year. The Primary Schools are where the great mass of our People must obtain their education, and every means should be used to foster and elevate them. The State Normal School is in a flourishing condition. This school was designed for the education of Primary School Teachers. The character and value of the Primary School depend much upon the qualification of the Teacher. If the Normal School is not, it should be sufficiently endowed to educate these Teachers and thoroughly prepare them to do the work of teaching in a skillful manner. With suitably qualified Teachers, our Primary Schools by the union of districts and the formation of Union Schools, in most of the villages and populous towns in the State, may, if desired, be made preparatory to the University, or take the place of incorporated Academies and Select Schools, and thus raise a high standard of education within the reach of all our People. The University is represented to be prosperous. From the report of the President of this institution, it appears, that in the Department of Medicine the number of students in the catalogue of 1853-4 is 151, of whom 41 were graduated Doctors of Medicine. In the Department of Science, Literature and the Arts, the whole number of students in the same catalogue is 93. After the Catalogue was issued, twelve more were admitted, making the whole number during the year 105. Of these, 20 were graduated. Since the first of October there have been admitted in the medical department one hundred students, about the same as the number admitted last year. In the department of Science, Literature and the Arts, the number thus far admitted is 82, and the number in actual attendance 155. In the department of Medicine, the whole number of professors on duty is eight, and in the department of science, literature and the arts, the number on duty is ten. Two of these, also, belong to the medical faculty. Our Primary Schools must ever be the foundation of our system of education, but the University is essential to complete that system. Although all our people may not be able or desire to avail themselves of the privileges and benefits of a University education, they are equally open to all, and none should feel a jealousy that others are acquiring more learning than they, but all should entertain' a becoming feeling of pride that our State can afford the means of acquiring the highest form of education. If wisdon is strength, and knowledge is power, we should be admonished that every State or Government, to be strong, must have men of science and profound learning. The subjects of the establishment of a Female College, and a State ï~~ANDREW PARSONS 271 Agricultural School, to be endowed by the State, have attracted the attention of a considerable portion of our people; and I believe them to be subjects worthy of consideration. I respectfully refer you to the reports of the Auditor General, for the years 1853 and 1854, for a detailed statement of the State finances; and to the reports, for the same years, of the Commissioner of the State Land Office, for a detailed statement of the sales of the different classes of lands subject to sale at that office. The commissioners appointed under the "Act to provide for the construction of a Ship Canal around the Falls of St. Mary," proceeded in due time to receive proposals for the construction of the canal, and to let the contract. A majority of the commissioners deeming it necessary to secure the completion of the canal according to the provisions of the law, exercised the discretionary power given to them, in the Act supplementary to the Act above named. The contractors are therefore, to receive for the construction of the canal, the entire appropriation of lands by Congress, and a remission of taxes for the period of five years, on such portion thereof as they shall not previously sell. The Act provides that this amount may be reimbursed to the State, from tolls on the canal. Some provision is desirable for this purpose, unless Congress shall be willing to make a further appropriation to cover that amount; and some provision will be necessary for the collection of tolls, to keep the canal in repair, and to pay the expense of lock-tenders. The contractors spared no pains or expense, to complete the canal before 3 the close of navigation, but owing to the early setting in of cold weather, were unable to accomplish it. The canal is nearly completed, and will probably be finished by the time specified in the contract, or by the opening of navigation. The cost of the canal will be nearly double the original -estimate; and the work is pronounced by good judges, to be one of the best of the kind in the world. The contractors are entitled to much credit for the manner in which they have constructed, and desired to construct the work, and the great energy with which they have prosecuted it. The Constitution provides that the Executive "shall take care that the laws shall be faithfully executed;" and the opinion is obtained by many that he is, therefore, responsible for the official acts of the other officers of the Executive Department. Under the former Constitution, when these officers were appointed by the Governor, they were, to a considerable extent, accountable to him; but, under the present Constitution, they are elected by the people, their duties pointed- out by the law, and they are as independent of the Executive as he is of them; if they are remiss, or otherwise culpable in the performance of their duty, he has no power of enforcing it. The duties devolving upon the Legislature, at this time, are, perhaps, ï~~272 MESSAGES OF GOVERNORS OF MICHIGAN unusually important. The present general laws, I believe, require very little amendment, and the time for deliberation being so short, none should be made, or attempted, unless really necessary. Harmony in your councils, and avoiding every attempt at unnecessary legislative action, will alone enable you to perform the important legislation of real interest to the people. Scarcely any of our sister States possess more of the elements of wealth, or can afford greater inducements and encouragement to the people, than our own. All kinds of grain, vegetables, and fruit that grow anywhere in this latitude, are produced here in abundance. Beautiful streams, watering the country, and affording hydraulic privileges, flow through every section. The State is finely timbered, with almost every variety necessary for the use of man, and its vast tracts of pine are great resources of wealth. Our mines of copper, and mountains of iron, already being developed in the Upper Peninsula, are scarcely equalled in richness by any on the globe; and recent discoveries in the Lower Peninsula, indicate an abundance of coal. Our facilities for internal communication, by means of navigable rivers, important railroads completed and doing a lucrative business, with the prospect of the early completion of others now rapidly progressing, or in preparation of commencement, are likely soon to equal those of much older States. Surrounded on the east, north and west by the waters of the great Lakes, our facilities for commerce are unsurpassed, and our fisheries are extensive and of immense value. The means of obtaining a Primary School education are soon to be furnished by the State to all its children, free of charge. Our University, State Normal School, and other institutions of learning, afford an opportunity, to' all who may desire it, to. obtain a liberal education, with comparatively trifling expense. Michigan is rapidly increasing in population, and developing its rich resources; and it is a gratification to me that its progress in the way of wealth and prosperity has never been more rapid than during the last two years. With a proper degree of prudence in the management of our affairs, our course must continue rapidly onward. Our strength and means of prosperity and happiness are not, however, it should be borne in mind, altogether within ourselves as a State. The bond of union which holds us together with our sister States, constituting the whole one great nation of wealth and power, able to maintain our national rights, liberty and independence, is as essential to our prosperity and happiness, as a wise regard for our State interests. For the political and religious blessings which we enjoy as a State, and a Nation; for the bountiful yield of the earth and sea; for prosperity and happiness, we are indebted to the Almighty Ruler of the ï~~ANDREW PARSONS 273 4 + aF Universe: in surrendering the duties of Executive of Michigan, which, under our beautiful system of government, are now to pass to other hands, I invoke His blessing and guidance upon my successor, upon you, and upon the State. ANDREFW PARSONS. ï~~1 " ï~~GOVERNOR KINSLEY S. BINGHAM ï~~.. _ 1 ï~~IOFJ ï~~KINSLEY S. BINGHAM ï~~BIOGRAPHICAL SKETCH K INSLEY SCOTT BINGHAM was born in Camillus, New York, December 16, 1808, the son of Calvin and Betsey (Scott) Bingham. Calvin Bingham was a farmer who had emigrated from Bennington, Vermont. The son's early life was also devoted to agricultural pursuits. He early obtained a good education in his native State and studied law in the office of General James R. Lawrence, of Syracuse, New York. In the spring of 1833 lie married Miss Warden, who had recently arrived from Scotland, and obeying the impulse of a naturally energetic and enterprising disposition he immediately 'emigrated to Michigan. He purchased a new farm, in company with his brother-inlaw, Mr. Robert Warden, in Green Oak, Livingston County, where on the border of civilization, buried in the primeval forest, the late law student commenced the arduous task of preparing a future home, clearing and fencing, putting up buildings, at such a rate that the land chosen was soon reduced to a high state of cultivation. Becoming deservedly prominent, Mr. Bingham was elected to the office of justice of the peace, and postmaster, under the Territorial government, and was the first judge of probate in the county. He was elected to the first Michigan Legislature, was four times re-elected, and was Speaker of the House of Representatives three years. In 1846 he was elected, on the Democratic ticket, Representative in Congress. He was re-elected to Congress in 1848, during which time he strongly opposed the extension of slavery in the territories of the United States, and voted for the Wilmot Proviso. In 1854 he was nominated as the candidate of the Free Soilers for Governor. At the great mass convention at Jackson, July 6, 1854, the Whigs and Free- Soilers united on a state ticket and lie was placed at the head of it for Governor, as the nominee of the new Republican party, which then and there sprang into existence and received its name. Sanguine of success, he addressed the people in all parts of the State and the entire ticket was elected; he was again elected Governor in 1856 by a largely increased majority. During his administrations much important legislation was enacted. On the slavery issue, the most significant act was that popularly known as the "Personal Liberty Law," providing that all prosecuting attorneys "diligently and faithfully use all lawful means to protect and defend all persons arrested as a fugitive slave." Another act absolutely prohibited the use. of county jails for the detention of persons claimed as fugitive slaves. Of social and educational importance were the prohibitory liquor law, a general law to provide for the organization of charitable societies, a general college act, an act to provide for the hold ï~~278 MESSAGES OF GOVERNORS OF MICHIGAN ing of teachers' institutes, an act to remit the interest on the University loan, an act establishing a House of Correction for juvenile offenders, and an act to incorporate the State Teachers' Association. Two acts mark the rise of the great lumber industry, presently to grow to gigantic proportions and for a time to make Michigan the foremost lumbering state in the Union, namely, the act "to provide for the formation of companies, for the running, booming and rafting of logs," and the act "to provide for the inspection of lumber." A number of laws were enacted bearing upon the great industrial interests of the State, relating to mining, railroads, canals, building and lighting. Many new county organizations were provided and villages incorporated. It was during Bingham's first administration that the Michigan Legislature passed, and the Governor approved, the famous "Joint Resolutions respecting slavery in the Territories of the United States" which were to be of far-reaching influence. Mr. Bingham's was a comparatively short life, of remarkable promise and public activity. Attacked with apoplexy, he died suddenly at his residence in Green Oak, October 5, 1861. ï~~MESSAGES ï~~.Al ï~~1855 January 4, 1855 From Joint Dowments (Doc. No. 12) of the State of Michigan, pp. 1-26 FELLOW CITIZENS OF THE SENATE, AND OF THE HOUSE OF REPRESENTATIVES: In taking the oath prescribed by the Constitution, and in assuming the Executive duties to which I have been called by the suffrages of the people of the State, I am impressed with a deep sense of the honor conferred, and of the high obligations and responsibilities imposed by the requirements of that sacred instrument. I enter upon the duties of this important station with an unaffected diffidence of my ability to discharge them, but with a fixed determination to do all in my power to promote the welfare and prosperity of our beloved State, and to meet all the just expectations of our common constituents. I am happy to be able to congratulate you, at your meeting, upon the highly favorable and prosperous condition of the State. During the past year the fields of agriculture have yielded an abundance, and the husbandman is receiving a rich reward for his industry-the mechanic and the laborer have been well requited for their toil-every branch of trade and commerce has met with signal success-the tide of emigration has brought a large accession to our numbers, of an intelligent and enterprising class of citizens-the unoccupied portions of our State have been rapidly filling up-the interests of education have received unusual attentionour schools and seminaries of learning are in a flourishing conditionand happiness, prosperity and peace prevail throughout our State and country. These signal blessings demand from us a grateful recognition of the hand of Divine Providence, under whose guidance our lot has been so propitiously cast, and by whose favor we are enabled to look forward with strong hopes of continued success for the future. The Constitution having made it the duty of the retiring, as well as the incoming Executive, "to give to the Legislature information by message, of the condition of the State, and recommend such measures to them, as he shall deem expedient," I respectfully refer you to the message of my predecessor for a detailed statement of the condition of the finances of the State, and also of the condition of the University and our whole system of education; of the State prison, and of the progress of the Asylums, both of the Insane and of the Deaf, Dumb and Blind. The funded debt of the State amounts to $2,387,581.69, of which ï~~282 MESSAGES OF GOVERNORS OF MICHIGAN $100,000 falls due in May 1856; $196,000 in July 1858; $20,000 in January, 1859; $40,000 in January, 1860; and $519,381 in January, 1863. There has been accumulated in the State Treasury, and was on hand on the 1st day of December last, $552,000.08, which has been paid, in as principal chiefly, upon the educational funds of the State. This large sum, which has been accumulating for the last five years, and upon which the State is required to pay interest at the rate of 7k..... per cent, has been deposited by the State Treasurer with certain Banks in Detroit, for which, during a portion of the time, but one per cent interest, and the remainder of the time but three per cent has been received. These deposits have been made under authority granted by an improvident, not to say culpable, act of the last Legislature, and which only restricted him in making the Banks the depositories of the surplus funds, to require "the payment of interest thereon at a rate of not less than one per cent per annum." This is characterized by the late Auditor General as being "all wrong-the Legislature should have provided for some disposition of the surplus fund, whereby the State should realize the same amount of interest that she pays, until these funds could be used in liquidation of State indebtedness." I respectfully recommend the passage of an act authorizing the State Treasurer to appropriate these monies, and all others, as they accumulate in the Treasury, not necessary to meet the current expenses of the State, to the purchase of our bonds, and the liquidation of our State indebtedness. This will secure the State from hazard and loss by the accumulation of such large amounts of money, and may save the necessity of direct taxation to meet our bonds as they fall due. $1,505,190.69 of the State indebtedness consists in what are called the part paid bonds of the five million loan, and have never been refunded. Interest is accruing on these bonds at the rate of seven per cent, and that will constitute a part of the principal when they are surrendered to be refunded. I respectfully submit for your consideration, the propriety of passing an act, requiring the holders to present them for adjustment within a reasonably limited period, or a suspension of the interest if they are not so presented. This will prevent an increase of our unfunded debt, and will enable the holder to receive semi-annual interest. The State is perfectly free from embarrassment in her financial condition, and it is believed that by the practice of a proper system of economy, no resort to direct taxation will be required to meet the ordinary expenses of the Government. By reference to the several reports relating to the subject of education you will have the pleasing assurance that at no period in the history of our State has the attention to learning, been so universal and earnest as at the present time. The faculty of the University has been increased ï~~KINSLEY S. BINGHAM 283 and strengthened, and the catalogue exhibits a gratifying addition to the number of those who seek a thorough and finished education. It is our duty to encourage those having control of that institution, in every well directed effort to make it what its founders designed it should be, one of the first Universities in the land. Unfortunately, about one hundred thousand dollars of the monies arising from the sale of lands granted by Congress' for the University, were invested in buildings from 'which no income can be derived. The last Legislature authorized the payment of the interest upon that amount out of the Treasury, for the last two years-and to enable them to make such improvements as seem of imperative necessity, I respectfully recommend the payment of the same amount by the State for the two succeeding years. No estimate can be properly made, of the advantages which the people of this State have already derived from the establishment of the Normal School. Its system of education has been practical and efficient, and from the first, its success has been uninterrupted. Nearly every section of the State can bear witness to the ability of the teachers trained within its walls, and through their influence new life and energy have been infused into our common schools, and the standard of teaching everywhere raised. The Common School is emphatically the University for the masses. We rely for the permanency of free institutions upon the universal diffusion of knowledge through their instrumentality, and every effort made to improve their character, and make them free, furnishes an additional guaranty against pauperism, and crime, and taxation. I submit to your judgment, whether any additional legislation is necessary, to give full effect to that provision of the Constitution which requires the Legislature "within five years from the adoption of the Constitution to provide for and establish a system of primary schools, whereby a school shall be kept without charge for tuition at least three months in each year in every school district in the State." The Constitution also declares that the Legislature shall, as soon as practicable, provide for the establishment of an Agricultural School. I respectfully submit for your consideration whether that "practicable" period has not already arrived. Michigan is eminently an agricultural State, and the great source of our dependence and wealth must ever be in the soil. It has been demonstrated that its productions can be greatly increased by scientific cultivation. Our citizens may indulge a just pride for their efforts in establishing schools for intellectual and scientific improvement, but this most important branch of education has been almost entirely neglected. It seems, therefore, highly proper that provision should be made, for instruction in everything that pertains, to the art of husbandry, and practical and scientific agriculture. Our efforts e ï~~284 MESSAGES OF GOVERNORS OF MICHIGAN in this direction should never cease, until our young men, engaged in the useful and honorable occupation of farming, shall have received the same high education, as those designed for other professions. The returns of the census taken last May exhibit a gratifying increase in the population of the State. In 1810 the State (then a territory) had a population of.......4,762 cc 1820 " cc...... 8,896 " 1827 "cct,.,,, 21,332 " 1830 """". 31,634 " 1834 " "i.c.i..0.0.97,500 " 1837 " "......173,769 " 1840 " ".t.9.0....212,267 " 1845 " "i"t......304,310 " 1850 "......402,341 May, 1854 " "t"......509,374 It will be seen that the increase has been more than half a million since 1820, and more than four hundred thousand since 1834. The immigration into our State the past season, and since the taking of the census, has been, it is believed, equal to that of any otl1er period. It has also been made a subject of remark, that the new settlers are distinguished for their intelligence and enterprise. We may felicitate ourselves upon the rapid progress which our State has made in individual wealth, and prosperity, (as well as in population) which the statistical tables accompanying the Census exhibit; and with the prospect, that Michigan will soon assume an important position as the equal of the largest and most populous States in this great Republic. It will be your duty to make an apportionment anew of the members of the Legislature, according to the provisions of the Constitution. The State Prison has failed to meet the expectations of former Legislatures and the people, in making the labor of the convicts meet its current expenses. Every year we find a large deficiency. Great complaints are made of a want of discipline and efficiency in the management of the prisoners, and of that cleanliness and other which is characteristic of a well managed Penitentiary. I recommend an increase of the salaries of the officers and keepers of the prison, in order that a higher grade of talent may be employed in the management of its affairs. It is believed that great improvement can be made in the condition of the prison, financially and otherwise, and that if men of the highest character for integrity and capacity are entrusted with its concerns, not only can the treasury of the State be relieved from a grievous burden, but that by a more perfect system of discipline, and greater atten ï~~KINSLEY S. BINGHAM 285 tion to the moral culture' and training of the convicts, they will be less likely to again violate the laws of society, when the terms of their sentence have expired, and they are restored to freedom. The presence of several boys and youth, among the more hardened criminals in the State prison, induces me to urge upon your attention the propriety of establishing a House of Refuge or Correction, where a milder course of treatment more especially adapted to their reformation can be employed. The State has not discharged its duty to these unfortunate victims of ignorance and temptation, until it has made provision by a proper system of discipline, for their instruction, in useful knowledge, morals, and piety-taught them some mechanical trade or other proper employment, and prepared them upon their release from confinement, to become good citizens and useful members of society, as they return to its duties and privileges. Soon after the formation of our State Government, prompted by the wild spirit of excitement and speculation which prevailed at that period, with a comparatively small population, and no resources, she embarked in a gigantic system of internal improvement. An immense debt was created, upon which the interest was accumulating at a fearful rate, and the works upon which she was engaged, yielding little or no immediate return, the State was soon brought to the verge of bankruptcy and ruini. Fortunately for our people, the Legislature was enabled to dispose of the two principal works, and although the State suffered considerable loss yet she was relieved from immediate embarrassment, and with a judicious and economical management of her resources, will soon be relieved from debt altogether. We were taught by this experience of the State, the fallacy of undertaking the construction and management of public works which can be so much better done by private capital and enterprise. Our new Constitution has provided that "the State shall not be a party to, or interested in any work of internal improvement, nor engaged in carrying on any such work, except in the expenditure of grants to the State of land or other property." The rapid settlement of the newer parts of the State, the number of acres of new land annually brought under cultivation, and the greatly increased amount of surplus products, create the necessity for the construction of new lines of Railroads. Some general law is necessary before capitalists can embark in such an enterprise. We have a general law for the construction of Plank-roads, which has been in operation for several years, and so far as is known it has given universal satisfaction. In my judgment a General Railroad law would be equally well received, and is demanded by a nearly unanimous public sentiment throughout the State. I therefore respectfully recommend such an act to your favorable consideration. In the passage of such a measure, let us, on the one hand, be ï~~286 MESSAGES OF GOVERNORS OF MICHIGAN careful to protect the rights and interests of our citizens from every infraction, and on the other, invite by liberal spirit, the capitalists of the country to construct new avenues through our beautiful Peninsula, furnishing facilities for communication and travel, and the transportation to market of our surplus products; remembering, that as we cheapen the rate of transportation, and bring the country nearer to Market, we not only enhance the value of our surplus products, but of the soil itself,.which produces the products. I am informed that application will be made for an amendment of the charter of the Port Huron and Lake Michigan Railroad Company, to enable them to increase their capital stock. My predecessor, two years ago, in his annual message, expressed the opinion that "there was no doubt the Legislature could increase and enlarge the present powers of these corporations, so as to enable them more effectually to accomplish the original object of the grant." In this opinion, upon examination of the Constitution, I entirely concur. This is an important link in a great chain of internal communication, which traverses a rapidly setfling and valuable section of our State, and in the construction of which many of our people are deeply interested. Any amendment which your wisdom shall dictate, that will enable them to facilitate the progress of that great work, and which shall not contravene the provisions of the Constitution, will receive my cordial approval. I invite your attention to the act of the Legislature passed the 28th of January, 1851, "To provide for the sale and reclaiming of Swamp Lands, granted to the State, and for the disposition of the proceeds." This act conferred upon the Commissioner of the Land Office, the control and supervision of the Swamp Lands granted to the State, by the Act of Congress of September 28, 1850; and authorized him to sell them under certain restrictions. It also provided that all monies received from the sale shall be and remain a Fund for the purpose of "reclaiming said lands in conformity to the provisions of the grant." This grant is understood to cover nearly six millions of acres of land; a considerable portion of which will become valuable at no distant day. B wise legislation and prudent management, it is believed that their proceeds, after having complied on our part, in good faith, with the conditions of the grant, can be made to yield a handsome revenue. I doubt whether this can be accomplished by a sale of the lands with the implied condition that the State is to drain them for the purchaser. Such a course it seems to me will involve the State in inextricable difficulties, and embarrassments. Every purchaser would demand large appropriations for his particular tract, combinations would be formed of selfish and designing men, for the purpose of appealing to the Legislature, and the time of that body, instead of being devoted to the public interests, would ï~~KINSLEY S. BINGHAM 287 be frittered away in consideration of the many fruitful schemes to appropriate and apply the funds. Our past experience teaches us that the same economy and foresight which directs private enterprise cannot be expected of the agents of this State in their management of public improvements, and if the State should undertake to drain these lands after they are sold, we have great reason to fear that their entire proceeds, would be inevitably lost, and perhaps the State would be involved in additional expense to meet the demands of the purchaser. I respectfully suggest for your consideration, that such amendments to the law be made, as will require the lands to be sold subject to be drained by the purchaser-that they be sold in limited quantities to such as will actually occupy and improve them-and that the title be withheld for a limited period of years, and until proof of actual occupancy and improvement is produced. By such a course the hardy laborer and pioneer, will be able to obtain the lands at a moderate rate as they are wanted for cultivation, and instead of enriching the capitalist and speculator by an indiscriminate sale, the State will aid and encourage a meritorious class of citizens in speedily settling and improving this hitherto waste and unoccupied portion of our country. By reference to the report of the Commissioner of the Land Office, it will be seen that 142,933 acres of Swamp Land have been sold during the past year, and that the Commissioner was restrained from further sale by an injunction granted by one of the judges of the Supreme Court, upon information filed by the Attorney General, and the Court decided "that the Commissioner had no authority to sell any of the lands except those for which the patents had been issued previous to giving the notice for the sale of them." The Commissioner states that none of the patents had been received at the time they were sold, and very properly remarks, "that if the opinion of Judge Douglass shall be sustained, those lands were sold without authority." As great injustice might be done to some of the purchasers by declaring their title under the sale forfeit, I recommend the passage of an act requiring the State Treasurer to refund the money upon the return of the certificate, or in case the purchaser prefers, that he shall have his title confirmed upon relinquishing all claims upon the State for draining the lands. I recommend that the surplus monies received from the sales of these lands be set apart for a fund, the income of which shall be sacredly devoted to the purposes of education. If you shall deem it proper to set apart the fund so created for that object, the particular direction to which it can be most appropriately applied will become an important inquiry. The common schools and the University have each been very amply endowed by a grant of lands from the General Government. So far as ï~~288 MESSAGES OF GOVERNORS OF MICHIGAN the expense is concerned there is nothing to hinder every child in the State from receiving a good common school education, and the fullest provision is made for free instruction in all the higher grades of education at the University; but the Union schools and intermediate classes of Academic education have been obliged to rely mainly upon private support, rather than upon any public educational fund. A want is also seriously felt for seminaries of the highest grade for the education of young ladies. Their education is an object as intimately connected with our social well being, and as important in every moral and religious point of view, as that of the stronger sex; and if you should deem it expedient to set apart a portion of the income of this fund to the endowment of high schools for females, there can be little doubt the measure will prove highly acceptable to the fathers and mothers of the State, and be welcomed by all, as an auxiliary for the cultivation and refinement of the daughters of the land. An act was passed by your immediate predecessors and approved on the 12th of February, 1853, "Prohibiting the manufacture of intoxicating beverages and the traffic therein." The 18th section of the act, provided for its submission to the electors of the State, for their approval or disapproval at a special election provided for that purpose, on the third Monday in June subsequent to the passage of the bill. If approved by the electors, the second section provided that the act should take effect on the first day of December thereafter. The result of the election showed, that the large majority of about twenty thousand of the voters of the State were in favor of the law.So strong and unanimous was the public expression of its approval, that the manufacturers and dealers in intoxicating drinks very generally made such disposition of their effects, and such arrangements in their business, as to submit like good citizens to the clearly expressed will of the majority, and allow the act to go quietly and peaceably into operation. A few, however, persisted in violation of the law in the sale of intoxicating drinks, and their prosecution for the recovery of the penalty imposed, brought the question of its constitutionality before the Supreme Court for its decision. It is understood that th' members of that body were equally divided upon that question, four of them sustaining the constitutionality of the law, while four of them believed that some of its clauses were unconstitutional. This unfortunate disagreement between the umemnbers of that high tribunal, has practically nullifled the law, and no effort has since been made to enforce its provisions. The sale of intoxicating drinks has therefore gone on, as unrestrained as formerly, and the hopes of those who had relied on this measure as an efficient aid in mitigating the wide-spread social evils-the domestic misery-the wretched pauperism-the shocking crimes, and the in ï~~KINSLEY S. BINGHAM 28 289 creased taxation, which are caused by intemperance, and which are the sure results flowing from it, have been totally disappointed. It is confidently believed, that a large majority of the most respectable and intelligent portion of community are still in favor of the passage and enforcement of a "Prohibitory Law," and that they regard such a measure as the only shield which will protect society against the terrible calamities which the unfortunate vice of intemperance occasions. I therefore recommend such legislative action on your part as will avoid the constitutional objections, and the adoption of such other provisions as your wisdom may dictate, to enable this beneficent measure to go into full effect. The increased price in the rate of foreign exchange, and the sudden withdrawal of the foreign capital, which has heretofore been invested in the public stocks and Railroads of this country, has created a stringency in the money market, which has been felt to a considerable degree by our citizens. A sound currency constitutes one of the principal elements of our citizens. A sound currency constitutes one of the principal elements of prosperity in a State. The prerogative of "coining money and regulating the value thereof" is limited by the Constitution of the U. S. to Congress alone, but the States have practically usurped that power, by authorizing the establishment of Bailks to issue notes to circulate as money. These are necessary and useful agents in facilitating the commercial transactions of a country, but the wisdom of our Legislators has hitherto been at fault in imposing such restraints and safeguards as would confine them to their legitimate purposes, of discounting real business paper, representing actual transfers of property, and consequently, furnishing no more currency than the demands of trade required; various legislative expedients have been resorted to, such as security upon real estate; the individual liability of stockholders; the contribution to a general fund, and more recently by pledges of public stocks, as a guarantee for the fulfillment of their promises and the convertibility of their notes at all times into coin, at the will of the holder. These conditions have thus far utterly failed of accomplishing the end designed, and Banks eluding all the safeguards which the laws imposed, have been established without actual capital-they have expanded the paper circulation far beyond the legitimate wants of trade -causing an increase of prices-an exportation of specie, and exciting speculation in the various kinds of property; and these expansions have been followed by sudden and great contractions, a depreciation in the value of their notes, and finally by a refusal to redeem them; throwing the loss upon the laborers and producers of the country, who had parted with the products of their industry, for what they believed to be money, because it had received a legislative sanction-thus suffering and distress have been inflicted upon thousands of innocent persons. The loss ï~~290 MESSAGES OF GOVERNORS OF MICHIGAN which attends such revulsions is not felt alone by the holders of depreciated or worthless notes, but a general pressure pervades the community, every branch of industry is paralyzed; wages are reduced; the laboring poor are thrown out of employment; production is checked, and money becoming suddenly scarce, is greatly.increased in value. So great were the losses produced by bank failures in the State up to the year 1842, that the popular sentiment has opposed their increase and but two banks have since that time been established-one of these the Government Stock Bank of Ann Arbor, has recently failed. Two other banks, to wit: The Erie and Kalamazoo Railroad Bank, and the Bank of Washtenaw, which were organized under charters granted in the year 1836, but whose charters were repealed by the Legislature of 1842, have been transacting banking business the past year, and having obtained a circulation fot a large amount of their notes in exchange for the property of our people, have failed to redeem them, causing, as I am informed, great suffering and loss to the bill holders in their iumediate vicinity. These are our only bank failures, and the pressure in this State has been much less than in those around us-speculation has been less- and the people feel less uneasiness than in almost any other State in the Union. The popular opinion which ran so high against banks a few years ago, has been greatly lulled by the prevalence of a belief that State stocks would constitute a safe banking basis, and that by their being deposited with the authorities, the note holders would be amply secured. In our sister States of Ohio, Indiana, Illinois, and Wisconsin, a mania for banking has prevailed, nearly equal to that of former years, and great numbers of banks have been established under laws authorizing 'the issuing of bills upon a deposit of State stocks. Nearly fifty millions of dollars of government and State stocks have thus been deposited, and the country has been flooded with the circulation thus obtained. In Indiana alone, eighty-two banks were established under their Free Banking Law, and nearly eight millions of dolltrs of their notes were put in circulation. This excessive issue, not required by the business wants of the country, like all fraudulent and illegitimate banking, has been followed by a revulsion-and the curtailment of the circulation of the country is reported by the United States Secretary of the Treasury, to amount to between forty and fifty millions of dollars. The people of Michigan have been preserved to a great extent from the disaster and ruin which have visited our sister States, and which have been inflicted upon them by a ruinous and fraudulent system of banking, because we had fewer rotten banks to break, and no banking law by which their number could be increased. Yet in obedience to one of the laws of trade which is as fixed and inevitable as are the laws of ï~~KINSLEY S. BINGHAM 291 nature, to wit: that a cheap and depreciated currency will fill all the channels of circulation, and drive out all that is sounder and better, large quantities of the bank notes of Ohio, Indiana, Illinois and Wisconsin, have found their way into our State, and have been received as money, to the exclusion of the notes of New York, New England, and our own State, as well as specie. Their entire suspension from circulation has produced. a tightness in the money market, but we already see a better currency taking their place. There can be but little doubt that so far as the ultimate payment of the notes issued by the banks is concerned, the system of security by State Stocks is better than any other which has as yet been devised-but this does not prevent the confiding bill holder from suffering great loss. The moment their redemption is refused, they have lost their character as money, and the holder is subject to all the losses incident to the delay and expense of converting the Stocks which have been filed as security into money. But the system of depositing stocks is no security against illegitimate and fraudulent banking. It is no security against filling all the channels of circulation with an inflated currency, furnishing speculators the means of borrowing the industrial products of the country on their false promises to pay, and thereby supplanting the specie or specie paying notes. It is no security against the establishment of banks remote from places of business, and by persons who desire to borrow money instead of having it to lend-and it is no security against the dishonest banker refusing to redeem his own notes, that he may turn broker for the purpose of buying them at a great discount, thus employing the means which the State had furnished him, to swindle an inoffensive community. Millions of dollars have thus been wrongfully taken during the past year, from those who seek to obtain an honest livelihood by their industry. If banks were confined to their legitimate business of becoming the medium through which the vast amounts of produce were transported from the interior to a market, furnishing bills of exchange, drafts, and discounting notes upon property actually in transit, and thus becoming the great lever of commerce, the disastrous fluctuations in the amount of circulation with which the country is frequently visited would be avoided. It is the opinion of the soundest writers upon currency that this desirable object can only be attained, by infusing a large amount of specie into the channels of daily circulation, and by abolishing the use of small notes. In England, the five pound note is the smallest permitted to circulate, and in France, the smallest equals forty dollars of Federal money. The mints of the United States have coined more than one hundred millions of dollars within the last three years, and this would have been actively spread over the face of the country, had it not been repulsed and driven away by a debased and in many instances a worthless paper circulation. In that case all the retail busi ï~~292 MESSAGES OF GOVERNORS OF MICHIGAN ness of the shops-all the family marketing-all the payment of the daily or weekly wages of laborers, would be performed by gold. Under such a system the poor would find a safeguard-the business man security and steadiness in the currency-and banking would become honorable and profitable. The Constitution authorizes the Legislature to pass general laws under which corporations may be formed. It also requires that "provision be made by law for the registry of all bills or notes put in circulation as money. That such bills or notes shall be secured by United States Stock, bearing interest, to be deposited with the State Treasurer-that the officers and stockholders of all banks issuing notes to circulate as money shall be individually liable for all the debts contracted during the time of their being such officers or stockholders-and that no such law shall go into effect until it shall have been submitted to a vote of the electors of the State, at a general election, and approved by a majority of the votes cast on such election." The revulsion produced by the withdrawal of paper from circulation occasioned by bank failures, has created in the minds of many of our citizens, a desire for the passage of a Bank Law, and your attention will undoubtedly be directed to that subject. There are many who believe that a sound currency could be maintained if we had banks of our own, and that the depreciated foreign paper, would be driven from circulation, but experience has demonstrated this to be a fallacy. The presence of a depreciated currency raises the price of commodities; specie naturally flows where prices are lowest-and banks are always obliged to pay out the cheapest currency until the public sentiment drives it from the market. Whenever the public sentiment shall have attained that desirable point which requires the best currency for their commodities, they will obtain real money for whatever they have to sell, whether we have banks of issue in the state or not. The history of banking in this State should teach us a lesson of caution. Of all the numerous banks which have been established, it is believed that not more than two, that have transacted business to any considerable extent, have faithfully redeemed their obligations to the public, and no estimate can be formed of the amount out of which our people have been swindled by their defalcations, or of the suffering and distress they have occasioned. Should you believe that the interests of the State require the passage of a Banking Law, it will be your duty to provide some certain check against a recurrence of the evils with which we have been heretofore afflicted. The subject of slavery in the U. S. is one, which for generations past has attracted the anxious attention of our statesmen and philanthropists; and the deep concern produced in the minds of thinking men by the existence of this anomalous element in our condition, has not been ï~~KINSLEY S. BINGHAM 293 confined to the period which has elapsed since our revolutionary struggle. The introduction of slavery into the colonies was one, and by no means the least, of the evils which bore oppressively upon them, and finally drove them to arms. Following the cruel example of Spain, whose cupidity had brought the natives of Africa to replace the multitude of aborigines, whom, by harsh treatment and unrequited toil, she had exterminated in her West Indian possessions-England also at an early period, opened her colonies to the inhuman traffic in 'negro slaves. For more than a century it was prosecuted with avidity. The lust of gain was blind to an offence condemned alike by the laws of God and man-deaf to the agonizing cries of its victims-pitiless in the rigors it practiced-dead to all the consequences which the iniquity threatened to entail upon the infant communities to which it brought its human merchandise. But it is a consoling reflection that this unnatural coinmerce, met with the steady though unavailing opposition of our fathers-their love of liberty and spirit of independence revolted at a practice which was to fill their households, and cover their plantations with abject slaves. They saw with a vision as yet undimmed by interest, the consequences of this practice, so destructive to the industry of the white man, tending so strongly to relax the sinews of enterprise, to retard improvement, and to vitiate the social system. The conclusive evidence of the ante-revolutionary sentiment on this subject has been carefully transmitted to us by the great teacher of republican faith-the author of the Declaration of.Independence. Among the causes of complaint against the King of Great Britain, embodied in the draft of that deathless instrument, we find the following weighty denunciation. It seems the voices of christian civilization pronouncing judgment upon the errors of a past age. "He has (says Jefferson,) waged cruel war upon human nature itself, violating the most sacred rights of life and liberty, in the persons of a distant people who have never offended him; captivating and carrying them into slavery in another hemisphere, or to incur a miserable death in their transportation thither. This piratical warfare, the opprobrium of infidel powers, is the warfare of the christian King of Great Britain. Determined to keep open a market where men should be bought and sold, he has prostituted his negative for suppressing every legislative attempt to restrain this execrable commerce!" Whatever may have been the force of pecuniary interest by which at that time slavery was linked to the body politic, we must believe that an assemblage of patriots, who, on the eve of committing their liberties to the arbitrament of the sword, declared that "all men are created equal, that they are endowed by their Creator with certain inalienable rights, among ï~~294 MESSAGES OF GOVERNORS OF MICHIGAN which are life, liberty, aind the pursuit of happiness," conceived themselves uttering no vain abstraction. That they could have supposed that such a truth could habitually co-exist with the idea of human slavery, is contradicted by well established historical facts. Eleven years after the Declaration of Independence, and four years after the close of the war, we find the Congress of the Confederation solemnly announcing in the ordinance of 1787, the great principles of civil polity, which were to lie at the foundation of the new States to be formed out of what was then the only territory they possessed. This territory, nearly equaling in extent the thirteen original States, comprised the present flourishing States of Ohio, Indiana, Illinois, Michigan and Wisconsin-and among the principles upon which they were to be ushered into existence as co-equal members of the Union, was the solemn assurance, given to each settler who should cross their borders that there should be "neither slavery nor involuntary servitude in said territory, otherwise than in the punishment of crime, whereof the party shall have been duly convicted"-a prohibition, the salutary effects of which will be acknowledged, as long as we respect the virtues of our ancestors, or have a country to love and defend. The power of Congress under the Constitution to apply this restriction to the territories, would seem to be inseparable from the rights of acquisition and proprietorship. It is necessarily the paramount authority. It is besides granted in clear terms in that clause of the Instrument which confers upon Congress the power to "make all needful rules and regulations respecting the territories and other property of the United States." In pursuance of the policy marked out in the ordinance to which I have referred, Congress has from time to time, in the organization of Territorial Government by direct Legislative enactment, applied the restriction to the national Territories lying as well without, as within, the limits mentioned in the ordinance. One instance of the kind is seen in the establishment of the Indiana Territory in 1800; another in that of the Territory of Michigan in 1805; another in the case of Illinois in 1809; of Iowa in 1836; of Wisconsin in 1838; of Oregon in 1848; of Minnesota in 1849, and of Washington Territory in 1853. Indeed, so little doubt was entertained of the complete power of Congress over the subject, that in 1802 President Jefferson did not hesitate to approve the act enabling the people of Ohio to form a State Government, although it contained a proviso that the Constitution of the State should not be repugnant to the ordinance of 1787. The same may be said in regard to a similar act in relation to Indiana, approved by Mr. Madison in 1816, and of that relating to Illinois, approved by Mr. Monroe in 1818. It may be added as a consideration of great weight, that the power of Congress to apply this prohibition to the Territories, received more than twenty years ago the deliberate sane ï~~KINSLEY S. BINGHAM 295 tion of the Supreme Court of the United States in a case directly involving the question. The acquisition from France in 1803 of the immense Territory of Louisiana, where slavery was tolerated, naturally aroused the attention of the free States, and put them on inquiry as to the policy and justice of the further increase of slaveholding States, and the indefinite extension of the Constitutional privileges which make slave property an element in fixing the ratio of representation in Congress. While property as such, has no weight whatever in determining the number of Representatives from the free States, it seems certain that such increase and extension were not contemplated by the framers of the Constitution; but that, on the other hand, it was undoubtedly the general wish of the country and of its leading statesmen, to circumscribe slavery, and ultimately, by proper State enactment, to put an end to it throughout the Republic. This purpose, however, was so far from being realized, that in 1820 five new slaveholding States had been admitted into the Union, one of which (Louisiana) had been formed out of the territory not owned by the United States at the adoption of the Constitution, though paid for out of the common treasury. The States of New York, Pennsylvania, Connecticut and New Jersey, had in the meantime abolished slavery. Congress by repeated enactments had condemned the foreign traffic, and finally in the same year had declared the deportation of slaves from Africa by American citizens, piracy, and punishable with death. The territory of Missouri, another portion of the Louisiana purchase, was importunately pressing her application to be admitted as a State, with 'a constitution tolerating slavery. The discussion which this application produced, both in and out of Congress, greatly agitated the country. Few events have occurred in our history, which puts the strength and integrity of the Union to so severe a test. The attempt to still further extend the odious condition of slavery under the protection of the Constitution, placed in fearful antagonism the social systems peculiar to the two great divisions of the country. Fortunately moderate counsels prevailed, and the Missouri Compromise was adopted, which did much to allay the feeling excited. It furnished to the country a pledge--ever from that time and until within a few months considered inviolable-that for the future, slavery should not exist in all that part of Louisiana lying in latitude 36 degrees 30 minutes, which is the Southern limit of Missouri. This compromise the present Congress, by an act for the organization of the territories of Kansas and Nebraska, have repealed, and thus opened to the ingress of slavery a region hitherto sealed against it, and embracing a geographical area quite equal to the thirteen original States, limited on the west by the territories of Utah, New Mexico, Oregon and Washington, ï~~296 MESSAGES OF GOVERNORS OF MICHIGAN on the north by the line of the British Possessions, and on the east by the States of Missouri and Iowa and the territory of Minnesotalying in the heart of the North American continent, possessing, as we have good ground to believe, a highly fertile soil and salubrious climate, capable of containing a vast population, and fitted in every respect to exert at no distant day a powerful influence upon the destinies of the nation. To say that the passage of this act has excited the surprise and drawn down the emphatic condemnation of the people, is to give but a mild utterance to the public sensibilities. Perhaps no measure could have been passed more repugnant to the feelings of the North-Western States, whose political and social life has been shielded from the blighting touch of slavery by the same prohibition which has been repealed, and in no part of the country have the evidences of popular dislike been more marked and decisive. The sentiments of the people of Michigan are known and unequivocal; apd at the commencement of this recent struggle to extend slavery, their views were expressed by the Legislatures of 1847, '48 and '49. In the last named year a joint resolution was passed affirming the power of Congress to impose the anti-slavery restriction upon the territories, and instructing our Senators, and requesting our Representatives, to use all honorable means to incorporate it into any territorial bill upon, which they might be called to act. Though an attentive observer of all the party agitations which grew out of the acquisitions from Mexico, at the close of the late war, I have not at any time seen occasion to depart from the principle expressed in that resolution-much less for the total destruction of the only barrier preventing the introduction of slavery into the territories of Kansas and Nebraska-and I deem it not unfitting the present occasion to say, that the influence unwillingly exerted by our own State, through certain of her public servants, who felt it their duty to promote that measure in d4fiance of those resolutions, and the known sentiments of the people is far from being a subject of congratulation. No important act of Congress was ever so destitute of plausible excuses. Those territories contained at that time scarcely any civilized inhabitants and no local government was necessary. The measure had never been discussed either in or out of Congress. No memorial had been presented to Congress for the repeal of the Missouri Compromise from the free settlers in the territory, or from any citizen of the States north or south. The present Congress was not elected in reference to any such measure, and it was utterly unexpected to the country. The dominant party had emphatically denounced the agitation of the subject of slavery both in Congress and elsewhere. To say that it had its origin in the mad ambition of mere party leaders, regardless of the true interests of the country, would ï~~KINSLEY S. BINGHAM 297 give utterance to but part of the truth, and to make the explanation complete, we are forced to add, that it is but a part, of a stupendous scheme into which certain northern statesmen have been drawn, for securing to the slaveholding interests, a permanent preponderance in the measures and action of the Federal Government-in other words, to nationalize slavery and its incidents, and to sectionalize freedom. We cannot too strenuously resist this fatal tendency of the times. If the Union is ever placed in jeopardy, it will be owing to the timid counsels and unmanly concession of northern statesmen upon this point, - and if, instead of that harmony and mutual confidence between the two great sections of the country, which are so essential to the prosperous action of the Government and our glory as a nation, we are to have a strife between them for political supremacy, it would be at least prudent for those who represent the free States, to remember that the Fathers of the Republic, whether at the North or the South, never regarded the slave interest as furnishing proper grounds for a strugglethat the Union was not formed with a view to promote that interest, and that their constituency may ever be relied upon to resist so monstrous a pretension. The patriotism of our people may at all times be appealed to successfully, to save the Union, either from destruction or perversion. Surely the people of this State will not view with indifference the dedication to slavery of so large a portion of their common country, once, and it was fondly hoped, forever, dedicated to freedom. While they continue to abstain from all interference with slavery in the States, except in the fair exercise of the freedom of speech and of the press, (which they can never surrender, or suffer to be questioned, whatever may be the hazard,) they will as free States demand the restoration of freedom to Kansas and Nebraska-they will demand that their brethren seeking new homes in these territories, shall not be forced into the degrading contact of slaves and slave labor, and the social condition which slavery engenders, so repugnant to their tastes and habits. It is sometimes urged in vindication of the act in question, that it is in reality but the recognition of the rights of the people of Kansas and Nebraska to govern themselves, and to form and regulate their own domestic institutions; that this is a natural right, which ought not to be tramelled by Congress; and that in this respect the act is an improvement upon former Territorial acts. The hollowness of this excuse is seen at once, when we reflect that the act contains only the usual delegation of legislative powers to the Territories; that no Territorial act has ever yet been passed which did not confer on the local Legislature similar general powers, over the domestic and internal affairs of the people, and that the only material respect in which this act differs from others, is that it permits the holding of slaves. This is the sole difference, of the slightest importance. Should the absurd principle be admitted that a ï~~298 MESSAGES OF GOVERNORS OF MICHIGAN Territory possesses the right of self-government, without the authority of Congress, it remains for the apologists of the act to show that the holding of slaves is one of the natural rights of man, or an incident to the right of self-government. The negative of this proposition is too well established by the great teachers of morals and of public law, to be debated. No; if slavery seizes either, of these magnificent Territories, it will be because the restraint of 1820 has been removed, and a license granted in 1854. This act stands alone in its enormous wickedness. However debateable may be the power of Congress to apply such a restriction to the States on their admission into the Union, there can be no doubt of their power to apply it to the territories, and wherever its legislation is exclusive. The history of the past shows that when so applied it has in every instance, insured to the State a free Constitution, and a free population. We have yet to see the political paradox of a free Territory coming into the Union as a Slave State. The Territorial condition is the forming period; and if then secured against the intrusion of Slavery, it is sure to continue free. That the question of Slavery in this country cannot be settled by legislative compromises, recent events have fully demonstrated. The Compromise Measures of 1850 were expected to give peace to the country, and by many were believed to have done so, but there has been no real peace since their passage. They were acquiesed in by many, who hoped that the large concession made by them would satisfy the grasping demands of Slavery, and that the country would find repose. Their hopes were signally disappointed. The Fugitive Slave Act and the mode of its enforcement, awakened the deep sensibilities of the people of the free States. They have been aroused to a still higher pitch by the repeal of the Missouri prohibition. Originally, the American policy excluded slavery from all the National Territory-next to the Missouri Compromise tolerated the increase of Slave States, carved out of Slave Territory, on the condition of excluding the evil from all north of 36 deg. 30 min. by positive prohibition. Then, by the Utah and New Mexico acts, Free Territory made such by foreign law, was converted into Slave Territory, and now faith is broken and solemn pledges violated in order that soil from which the curse was excluded by a law which for thirty-four years, was well understood and regarded as a compact, shall be converted into Slave soil. The people of the free States are now satisfied that the question of an importance paramount to that of every other, and that the effort of patriots can be devoted to no higher object, than a real and permanent settlement of it. That such a permanent settlement is practicable, I believe. That it can be effected without dishonor to either, and with incalculable advantage to both sections of the country, I am thoroughly convinced. The ï~~KINSLEY S. BINGHAM 299 great principle of such a settlement, should be the divorce of the General Government from slavery. Neither Congress or'the President should take any part in upholding or extending such an evil. Without any interference whatever, with the internal concerns of States, not committed by the Constitution to the supervision of Congress or the Executive, the power and influence of both departments, should be exerted for the benefit of freedom, rather than for the benefit of slavery. There shouild be no slavery in the District of Columbia-none in national Territories-no slave catching under national law-no slave trade in American vessels, allowed or regulated by acts of Congress-no slave auction under process, out of the Federal Courts. These things done, the example and influence of the National Government would be on the side of freedom, and the power of reason and the force of sympathy, might be safely relied upon, to bring about universal emancipation. I respectfully recommend the consideration of these subjects to the Legislature, in order that the position of the State may be clearly expressed. Tie people of Michigan are represented in the Senate of the United States, by two eminent men, both of whom voted for the repeal of the Missouri Prohibition. I submit to the Legislature the expediency of instructing them to vote for, and urge the passage of such measures as, are intended to restrict and denationalize slavery. Their repeated declaration of readiness, to abide the will of the State, will suggest to them the duty of either obeying the instructions, or allowing the wishes of the people to be represented by others. Permit me to say, in taking leave of this subject, that the rapid strides which slavery has made of late-its bold encroachment upon free soil and the still bolder schemes which it nourishes-has seemed to require this notice at my hands. Like other free States, Michigan has a deep and abiding interest in the question. In reference to it the heart of the people is sound-their purposes are steadfast; and believing it to be their will, it is our duty as their representatives, to resort to all the Constitutional means in our power, to counteract this dangerous policy-a policy hostile to the interests of the State-disturbing the internal tranquility of the country-unfriendly to the Constitution and the Union. For several years past the subject of a "Homestead Law," has been fully discussed by the American people, and but little doubt is entertained that the correctness of its policy has been settled and affirmed by the public judgment. The Congress of the United States has hitherto failed to give effect to the popular will. Your predecessors passed a joint resolution indicative of the course of the people of Michigan upon that subject, and I recommend a renewed expression on your part, in favor of the passage of a bill granting to every head of a family who is a citizen of the United States, one hundred and sixty acres of land of the public domain, upon condition of settlement and cultivation for a ï~~300 MESSAGES OF GOVERNORS OF MICHIGAN number of years. The public lands are rapidly passing away from the government of the United States into the hands of wealthy capitalists and gigantic corporations. Let us urge upon our Senators and Representatives, the necessity of speedy action, to secure the benefits which this great measure is destined to confer. The Sault St. Marie Ship Canal had progressed so far toward coinpletion, that by the opening of navigation the approaching season, it will be prepared for the passage of vessels. This noble work of internal improvement, rivaling in its magnitude and the fitness and excellence of its structure, the most celebrated works of a similar character in the Old World, has been prosecuted with an energy highly creditable to the able direction under which it has been constructed. A less diligent and energetic management would have been intimidated by the serious obstacles which have interposed to impede the progress of the work; as it is, it will undoubtedly be completed within the time specified by the contract for its construction. Our State will have just cause for congratulation, when this last connecting link in the chain of our ample Lakes shall have been completed. It is an improvement which our own increasing prosperity, and the prosperity of the country at large, imperatively demand. It will peculiarly redound to our advantage as a State, by affording a facile and uninterrupted communication with the northern portion of our Peninsula, whose vast resources, mineral and otherwise, will secure a more rapid development and readier transportation, thus at once increasing our commerce and wealth, and promoting the general prosperity. It will also become a great national highway, connecting our richly endowed State, more intimately than at first thought would be obvious, with the ports and cities of the Eastern Hemisphere. The Capital was removed from Detroit to this place in 1848. Its site was established in the heart of a dense forest, and all the improvements which we witness have been made since that time. Its fortunate location upon the center of a school section has added more than one hundred thousand dollars to the Common School Fund by the sale of the adjoining lots. It is now permanently fixed by the Constitution. The State should therefore regard its increase in population and wealth with favor, and cherish its growth and improvement. With such fostering care as the Legislature can give, it will soon become a Capital worthy of a flourishing and populous State. Your session is practically limited in its duration to forty days. To properly mature the measures upon which Legislative action seems to be necessary, it will require not only close application on the part of your committees, but harmonious action in your legislative bodies. I shall spare no effort on my part to promote a cordial and friendly feeling between the Legislative and Executive branches of the Government ï~~KINSLEY S. BINGHAM 801 and I shall heartily co-operate with you in all measures designed to advance the interests of the State-an honest difference of opinion can well be tolerated, when it is constantly borne in mind that the welfare of our common constituents should be alike dear to us all; and that the effects of good or bad legislation will reach far into the future, and exert an influence on the destinies of the State long after its present actors shall have passed away. A large share of the time and attention of the Legislature for a few years past, has been directed to the consideration of matters, in which powerful and wealthy corporations were supposed to have antagonist interests. This has led to the belief that malign and corrupting influences have been brought to bear directly upon the members of the legislative body, and that some of them have proved too weak to resist such influences. Such a conviction in the public mind not only affixes an indelible stigma upon the reputation of, the members implicated, but has a tendency to destroy that high respect which should always attach to legislative bodies and their acts. I trust it will be your good fortune to redeem the character of this important branch of the government from the disgrace into which it has fallen; that your deliberations and acts will be characterized by an honest, upright and patriotic devotion to the interests of the State; that you will return to your constituents with well earned reputations of having been emulous only for the public good, and that having fully realized the expectations those who entrusted you with your important functions, you will secure their esteem and approbation. KINSLEY S. BINGHAM. ï~~1857 January 7, 1857 From Joint Documents of the State of Michigan, pp. 1-24 FELLOW CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES: I have again taken the oath required by the Constitution, and promised faithfully to discharge the responsible duties of Chief Magistrate of the State. I have been called to this high post by a renewed manifestation of the confidence of the people, expressed in such an emphatic manner as to awaken the most grateful sense of my obligations to them and an earnest desire to devote all my energies to the interests of our beloved State, and the welfare of its inhabitants. In communicating with you in conformity to the requirements of the Constitution, it is cause for congratulation, that the State for the last two years has rapidly advanced in population, in wealth, in the development of its resources, in educational facilities, and in all the elements of progress, which affect the prosperity and happiness of the people, and tend to greatness and renown. A kind and beneficent Providence has also showered upon us his mercies and his blessings. No pestilential or epidemic disease has visited our borders; and unusual good. health has prevailed in every section of the State. The agricultural staples have been produced in abundance-all the branches of trade and commerce, and business has prospered-a steady demand has existed for all the products of industry and skill at highly remunerative prices-a sound currency has uniformly prevailed, and the laborer has been sure of his reward. A religious community should not withhold a tribute of gratitude to the Author of all good for this rich bestowment of his bounties. STATD FINANCES. The reports of the Auditor General and State Treasurer will give you a detailed and exact account of the financial condition of the State. The amount of money in the hands of the State Treasurer on the 30th Nov., 1854, was.......................... $553,004.08 And the receipts for the year ending Nov. 30, 1855, from all sources, were.................................... 588,396.93 So, that the available means for the year amounted to..... $1,141,401.01 The expenditures during that period amounted to.........624,777.88 ï~~KINSLEY S. BINGHAM 303 Leaving in the treasury Nov. 30, 1855.....................$516,623.13 The receipts into the treasury for the year, ending Nov. 30, 1856, were...................................... 511,271.70 So that the available means for the last fiscal year have been................................................$1,027,894.83 The expenditures during the last year have been.......... 639,879.06 Leaving a balance with Treasurer on the 1st Dec. last..... Of the amounts charged in the expenditures, there have been paid in the years 1855 and 1856, of the principal of the public debt................................... And of the interest on the public debt, including that paid on the trust funds.............................. This interest has been increased in 1856 over 1854........ On account of the constant additions to the principal of the trust funds, and the new bonds issued for the unadjusted portion of the 5,000,000 loan, which interest was formerly added to the principal. Under the act passed by the last Legislature, requiring the State Treasurer to require five per cent interest upon the moneys of the treasury, deposited in banks, that has been received in the year 1855; for interest............ And in the year 1856.................................. $388,015.77 140,327.12 253,506.12 47,855.33 29,928.43 21,699.34 Making in the two years................................ $51,627.77 While the amount received into the treasury in the two preceding years was only.............................. 1,553.86 The large disbursements from the treasury have been on account of appropriations made by the last Legislature for the Asylums in process of erection at Kalamazoo and Flint, for additional buildings in the State Prison, for the House of Correction for Juvenile Offenders, and for the Agricultural College, while the ordinary expenses of the State Government have yielded to a rigid system of economy, and been very materially reduced. The whole amount allowed and paid by the present Board of State Auditors up to the 1st of Dec. last, being a period of one year and eleven months, was...................... 82,220.49 While there was allowed and paid by their predecessors in the month of Dec., 1854............................. 68,071.35 Under the law passed Feb. 12, 1855, requiring the holders of the part-paid 5,000,000 bonds, to present them to be adjusted, there has been refunded.....................1,708,235.00 ï~~304 MESSAGES OF GOVERNORS OF MICHIGAN And there only remains of that portion of our indebtedness in- bonds unliquidated, an amount equal to..............124,392.55 It is believed that these bonds will soon be presented to the State Treasurer and new bonds issued therefor. This happy adjustment of the part-paid bonds of the five million loan which have so long hung over the State, enables us to see clearly the exact present condition of our State indebtedness. The funded and fundable debt of the State is as follows: University Bonds, due July, 1858.......................$99,000.00 Detroit and Pontiac Railroad Bonds, due July, 1858........97,000.00 Penitentiary Bonds, due January, 1859...................20,000.00 Penitentiary Bonds, due January, 1860...................40,000.00 Internal Improvement Warrant Bonds, interest stopped and payable on demand............................... 5,150.00 Full paid five million loan Bonds, due January, 1863........177,000.00 Adjusted Bonds, due January, 1863...................... 1,708,235.00 The part paid five million loan Bonds outstanding when funded, will amount to............................... 124,392.55 Outstanding Internal Improvement Warrants.............4,158.35 Total amount of State indebtedness, Nov. 30, 1856.... $2,274,935.00 It will be perceived that there will fall due, of these bonds, on or before the 1st of January, 1859.......... $216,000.00 On the 1st of January, 1860............................ 40,000.00 And the remainder on the 1st day of January, 1863. So that our entire State indebtedness will become due within a period of six years. No provision has been adopted in conformity to the requirements of the constitution to create a sinking fund for the redemption of this debt. It is, perhaps, too late now to undertake to provide for its payment by this mode, but it is our duty to adopt such measures as will make certain provision for the payment of the debt as it falls due. Although the surplus moneys in the hands of the State Treasurer have earned five per cent, and brought a handsome sum into the treasury, yet it must be recollected that the State pays an interest of seven per cent. to the several trust funds to which this money belongs. A proper foresight and economy would therefore seem to dictate that all the surplus money on hand should be employed in the redemption of our debt, and the purchase of our stocks, even before they fall due. In directing your attention to this important subject I trust that such measures will be adopted as without excessive or burdensome taxation will soon relieve us from all indebtedness on account of the five million loan, which in an evil hour our young and prosperous State be ï~~KINSLEY S. BINGHAM 305 came encumbered, to be remembered only, as a warning against future rashness or improvidence. I concur entirely with the Auditor General in his recommendation for amendments, in the manner of assessing property, and in levying and collecting the taxes. All the property in the State should bear its just proportion of its burdens, and your action will be required to make the system more perfect, compelling it to do so. STATE PRISON. The Report of the Inspectors, Agent and other officers present a minute and accurate account of the condition financially, and otherwise, of the State Prison. I invite your attention to the suggestions contained therein for legislative action as worthy of your consideration. The rapid increase in the population of the State, and especially in the cities and large towns where crime mostly prevails, has been attended with a corresponding increase in the number of convicts in the State Prison. On the 1st of December last, the Prison had 349 convicts, being an increase of 58 in 1855, and 45 in 1856. A frequent personal examination of the Prison within the last two years enables me to state, that there have been a great improvement in its character for cleanliness, order and discipline, as well as economy, taking into consideration the increased price of fuel and provisions, which enter so largely into prison expenses. The greatly enhanced prices, in the new contracts for the labor of the prisoners, is an indication of confidence in its management and discipline. Under the old contracts from 50 to 80 men were employed in making wagons at 38 cents per day; under the new, the price has been increased to 534-ents. Under the old contract from 80 to 100 men were employed in manufacturing agricultural implements at 31 cents per day, under the new 561/4 cents per day for the same number of men is obtained; under the old contracts 20 men were employed making shoes at 35 cents per day, under the new from 25 to 40 men are let at 56 -ents per day, making a difference; in favor of the State on these three contracts of about $14,000 per annum. A large number of the convicts have been employed during the past two years, upon the new buildings, which the increased number of prisoners demanded, and which were authorized by your predecessors, and the labor of quite a number of them will necessarily be diverted to the same purpose for the coming year. When the necessary buildings for the accommodation of the prisoners are completed, it is believed that with proper economy the labor of the convicts can be made to pay the ï~~306 MESSAGES OF GOVERNORS OF MICHIGAN entire expenses incident to the management and control of this unhappy and dangerous class of our population. The confinement of the female convicts in a separate prison, and the employment of a matron to superintend them, has been the occasion of great improvement in the conduct of that unfortunate class. They are neat in their persons, and assiduous in their employment, and it is to be hoped, that under the care and discipline of their worthy matron, their morals and behavior will give evidence of a permanent reform. The solitary cells have been completed, and the prisoners sentenced for, life have been removed into them. A prejudice has existed in the minds of a portion of the community, against employing convicts at labor which would bring them into competition with our ordinary mechanical trades. It would be not only a great expense to the State, but a great injustice to that degraded class of men, to shut them up for a period of years without employment. Nor can it be doubted that it is a great kindness to these men, who have subjected themselves to punishment by resorting to crime, to teach them some trade or occupation by which they can obtain an honest livelihood when the term of their sentence has expired. And it is believed that no public policy is violated by so doing. We have made but slight progress as yet toward the great end of punishment, which is the reformation of the criminal. An important means for the attainment of this end, is to fit them for employment, by which they can maintain a useful and honorable position in society. I therefore concur with the Inspectors in the propriety of the adoption of measures for the amendment of the Constitution upon that subject. Your attention is also especially directed to the suggestion of the Agent, that a strong incentive would be furnished for the amendment and good behavior of the convicts, by authorizing the Agent to diminish the period of their sentence a day each month, for every month their conduct is entirely approved. Quite a proportion of the men incarcerated it the Prison are far from being hardened in crime, but are rather the dupes of more wicked and designing men. Such an indlicement would increase their self-respect, and might be the means of a thorough reformation. One of the most unpleasant and painful duties imposed upon the Executive, is to examine and decide upon applications for pardon. It is one of the necessary incidents attendant upon the commission and punishment of crime, that innocent friends suffer more than the guilty convict. The public interests require that punishment, without being too severe, should be certain; and when clemency has been invoked in behalf of a condemned husband or son or brother, in most cases, though it may have excited the deepest sympathy, it has been declined, because it was deemed improper to interfere with a due course of law. In every case in which I have granted a pardon, so far as the facts have come ï~~KINSLEY S. BINGHAM 307 to my knowledge, the conduct of the recipients has thus far justified the exercise of clemency, and many of them has been restored to a respectable position in society. I shall transmit to you, in a separate communcation, the names of those to whom I have granted pardon, and the reasons therefor. ASYLUMS. The Report of the Trustees of the Michigan Asylums will give you a minute account of the expenditure of the appropriation made by the last Legislature, and of the progress in the construction of the buildings to accommodate that unfortunate class of our population. One wing of the Asylum for the Deaf Mutes and the Blind, at Flint, has been completed, and has been occupied since the first of May last. There are fifty-one deaf mutes and fifteen blind, enjoying the benefits of the Institution, and making rapid progress in acquiring an education under their ardent and accomplished teacher. Additional appropriations are asked for the completion of the buildings. It is the dictate of sound policy as well as humanity, that these great charities should be made effective for the accomplishment of the truly benevolent and praiseworthy objects for which they are established, at as early a day as possible, and I doubt not you Avill make such appropriations as the condition of the Treasury will admit. HOUSE OF CORRECTION. Under the act of 1853, which provides for the establishment of a House of Correction for Juvenile Offenders, the Board of Control have erected and put in operation a building for that purpose. It has now twenty-one inmates, sent there for crime and vagrancy. The main object of the Institution is to reform and fit for usefulness, an ignorant, neglected, and degraded class of children and youth. To accomplish this, strict discipline, thorough mental culture, an excitement of the higher moral faculties, and such firm, but conciliatory treatment, as will inspire self-respect, must be.exercised, and this can seldom be done by their confinement for a short period of time. I therefore invite your attention to the amendments proposed to the law by the Board of Control, and deem their adoption as necessary to the more perfect working of the institution. Similar establishments in other States have been attended with the most beneficial results, and we may reasonably anticipate from this, the reclamation, and restoration, to usefulness in society, of many an erring wanderer, whose misguided steps would otherwise inevitably lead to ruin. ï~~308 MESSAGES OF GOVERNORS OF MICHIGAN EDUCATION. I, shall lay before you the report of the Superintendent of Public Instruction, to which I invite your special attention. Its details communicate in an authentic form, the gratifying fact, that simultaneously with the rapid progress which the State has made in population and in the development of her resources have her educational interests advanced. The necessity for further effort has taken a deep hold upon the popular mind, and you will be called upon to provide additional facilities for the acquisition of knowledge. The suggestions of the Superintendent in relation to the absolute necessity, that provision be made for the intermediate grade of education between the primary school and the University, is worthy of your earnest consideration. The University at Ann Arbor has steadily advanced in numbers and in the popular favor. The income of the munificent and well selected grant of lands made by Congress for its endowment, furnishes a free education to all who chose to resort to its halls, and it must soon acquire a position as the equal of the first Universities in the land. Soon after its organization, a stock of one hundred thousand dollars was issued by the State, to raise money to construct buildings for Colleges and professors' houses, to be redeemed out of the sale of the lands, granted by Congress, "for the support of a University, and for no other purpose whatsoever." The act authorizing the issue of the stock, pledged all the disposable income from the University fund for its redemption. This has been deemed such a perversion of the income of the fund from its original design, that the Legislature for several years past has authorized the payment of the interest from the general fund. The principal is now about becoming due, and I respectfully recommend that it be paid from the treasury of the State, so that this noble institution, in the prosperity of which every citizen of Michigan feels a deep interest and pride, shall be entirely relieved from embarrassment and debt. The high character of the Normal school for its efficiency in discipline and mental culture, has been well sustained. The primary schools in every section of the State have felt the benefits of the judicious training which it has given to the great number of teachers it has educated, and fully attest the wisdom of its establishment. In whatever section of the State we may chance to travel, convenient and well constructed, and even costly school houses, attract the attention, and furnish conclusive evidence that our people justly appreciate the importance of the primary school, the institution in which much the largest portion of your youth must acquire the education which is to fit them to "know, enjoy and discharge their rights, privileges and obliga ï~~KINSLEY S. BINGHAM 309 tions of citizens of a free State." The returns show that on the last Monday in September, 1855, there were 3,255 organized school districts in the State, in which there were 187,123 resident children between the ages of four and eighteen years; that there were employed in that year 5,078 qualified teachers, of whom 1,600 were males and 3,478 females; that schools were taught in these districts on an average 5 6-10 months, and that 142,334 children were taught therein. There was apportioned to the several townships for the use of the primary schools in May, 1856, $99,938.76, the interest on the Primary School Fund for the preceding year, being at the rate of fifty-three cents per scholar. It is gratifying to know that there has been a steady increase in the income from this fund, which divided only thirty-four cents per scholar in 1850. No one now has the hardihood to question that property is safer and better protected in proportion as it contributes for the universal education of the people. I trust, therefore, that you will not fail to make provision by which the requirements of the constitution shall be enforced that there be a free school in each district at least three monthsin each year. AGRICULTURAL COLLEGE. The Legislature of 1855 made provision for the establishment of an Agricultural College, and in conformity to their enactment, a farm of about 700 acres has been purchased within three miles from the Capitol, and one of the wings in the design for the College buildings, one hundred feet long by fifty feet wide, and three stories high, has been completed. There has also been erected a fine building for a boarding house, arranged to accommodate eighty boarders. The Board of Education has given public notice that the Institution will be opened on the first Wednesday of April next. Michigan is eminently an agricultural State, and her enterprising and intelligent farmers may congratulate themselves that a College devoted particularly to the wants and interests of the agricultural class will soon be in successful operation where their sons can be thoroughly trained in every branch of knowledge requisite to make them practical, scientific, educated, and accomplished farmers. You will be, able, personally, to inspect the farm and buildings, and as you are made familiar with the plan of education which the Board has devised, I cannot doubt you will co-operate with them in giving complete efficiency to this long neglected, but most deserving department of education. SWAMP LANDS. In my Message to your predecessors I called their attention to what I deemed the defects of the Statute of the 28th Jan., 1851, "To provide for the sale and reclaiming of swamp lands granted to the State, and for the ï~~810 MESSAGES OF GOVERNORS OF MICHIGAN disposition ofl the proceeds," but they were obliged to legislate upon so many other pressing matters, in their brief session of forty days, that no measure was perfected upon this subject. The existing statute places this large grant of lands, amounting to nearly 6,000,000 of acres, under the control of the Commissioner of the Land Office, and authorizes him to sell them. It also provides that the moneys arising from the sale shall be and remain a fund for the purpose of "reclaiming said lands, in conformity to the provisions of the grant." To this mode of sale and disposition of the funds, it appears to me there are very serious and strong objections. The State should enter into no implied contract with the purchasers of these lands, that they shall be drained with the proceeds of the sales. The creation of such a fund would of itself be a temptation to dishonest legislation. Combinations of purchasers would surround the legislature, and judging from all past experience, but little good would be accomplished, if the moneys were appropriated, in accordance with their demands. These evils have appeared so formidable and certain, that it has been thought best to withhold the; lands from sale until additional enactments could be made, and lands have been brought into the market within the last two years. I invoke your deliberate and earnest attention to this subject. Its importance demands that all local and private considerations should give place to the great public interests which the magnitude of this question involves. If wise legislation prevails, it is believed, that complying in good faith with all the conditions of the grant, the foundations of a fund will be laid, the benefits of which will be felt, and appreciated by future generations as well as the present, and be co-extensive with the existence of the State. To what nobler purpose can this fund be devoted than that of education? Michigan has already acquired a high character.for her efforts in this direction. A deep interest is felt upon the subject, and its benefits are highly appreciated by all classes. Much aid is already derived from the Primary School and University funds. And if to these there could be added another fund, the avails of which could be applied to other educational establishments, a demand for which is seriously felt, all classes of community would be very fully provided for, and education could be made entirely free and universal. It is believed that any local or temporary disposition of these lands would come far short of producing such beneficial results. And we are not wanting in experience to guide us to correct conclusions upon this subject. In September, 1841, five hundred thousand acres of land were granted by Congress to this State, for the purposes of internal improvement-great care was had in their selection, and they now combine some of the choicest lands in the State, whose aggregate value cannot be less than from three to five millions of dollars-instead of creating a fund ï~~KINSLEY S. BINGHAM 311 from the proceeds of their sale, they were granted directly for various local purposes, and the State has now nothing to show for one of the largest bounties of the government. There would be no justification for disposing of these swamp lands in a similar manner-and I trust that wiser councils will now prevail. After mature deliberation I do not feel able to recommend a better mode for their disposition than that suggested in my message to your predecessors: Namely, that they be sold in limited quantities to such as will actually occupy and improve them, subject to be drained by the purchaser. And that proof of actual occupancy and improvement be made a condition for the delivery of a complete title from the State. Should you concur with me, that the proceeds of these lands should constitute a fund for educational purposes, the particular direction to which the income should be applied would become an important inquiry, and I would respectfully suggest that the Agricultural College, additional Normal Schools, and a Seminary of the highest grade for the education of young ladies, are particularly deserving of the attention and fostering care of the Legislature. These are important constituents of a connected educational series, and would render the system much more perfect and complete. I commend to your attention the suggestions of the Commissioner of the Land Office, whose experience has discovered defects in the working of the law relative to both the school and swamp lands. ST. MARY'S SHIP CANAL. The St. Mary's Ship Canal, after a careful examination by the Board of Control in May 1855, was accepted by the State, and the lands appropriated by the General Government for its construction, were transferred to the contractors, by the issuing of Patents from the Land Office. This noble work, which so facilitates the commerce with the rich mines and fisheries of Lake Superior, has been in successful operation for the last two years. The tolls received from it have been sufficient to pay for its superintendence and repairs, to which the State is limited by the conditions of the grant for its construction. On account of the high latitude in which it is situated, and the immense volume of water, being the entire outlet of Lake Superior, pressing upon its banks, additional safeguards in the opinion of the Superintendent are necessary to avoid damage on the opening of navigation, which the deep frosts of winter may occasion. As this is eminently a National work, constructed.by the means of a liberal grant of lands from the General Government, and only committed to the care and supervision of the State, from which she can derive no revenue, I submit for your consideration the expediency of memorializing Congress for an appropriation of the amount deemed necessary by the Superintendent to make the work permanent and secure. ï~~312 MESSAGES OF GOVERNORS OF MICHIGAN It is the dictate of economy and prudence to provide against every possible danger to which this important and expensive work may be exposed. GRANTS OF LAND BY CONGRESS. I transmit herewith an act of Congress passed on the third day of June last, "making a grant of alternate sections of the public lands to the State of Michigan, to aid in the construction of certain railroads in said State." To avail ourselves of the benefits of this grant, legislation on your part will be necessary. The State is prohibited, by the Constitution, from embarking in any work of internal improvement, but provision can be made to fix definitely the lines of the several roads, to select the lands, and to grant them upon such terms as your wisdom shall dictate, to regularly organize companies, to aid them in the construction of the roads. The completion of railroads upon these lines is of the highest importance to the State, as it would add greatly to the population, wealth, activity and commerce of every section, but especially would it aid in the development of the rich resources of the northern portion of it, in which, it is believed, richer and more valuable supplies of copper, iron, and lumber are to be found, than in any other part of the United States, and perhaps in the world. VILLAGE CHARTERS. Quite a proportion of the volume of the Session Laws of the last and preceding Legislatures, is made up by the enactments of charters for villages. To save your time to the important public matters to which your attention will be called, I recommend the adoption of a general law, by which all villages can become incorporated. A great saving of expense would also be made in printing and otherwise, if such a course should be adopted. JUDGE OF PROBATE. The compensation to the Judges of Probate in the several counties is made up by fees, taxed upon the estates administered upon, before them. Great complaint is made of the excessive costs which are attendant upon the transaction of that kind of business, mostly borne by a class of persons but poorly able to pay such expenses. I submit to your judgment whether it would not be better to fix a salary to the office of Judge of Probate, proportionate to the population of the several counties, and that until the meeting of your successors the fees collected by them be paid into the County Treasury, and an accurate statement thereof reported to the Board of Supervisors. Such a course would furnish data ï~~KINSLEY S. BINGHAM 313 for any future legislation which might be deemed necessary in relation to the fee bills of that office. SUPREME COURT. The Constitution provides, Art. VI, Sec. 2, that "after six years, the Legislature may provide by law for the organization of a Supreme Court, with the jurisdiction and powers prescribed in this Constitution, to consist of one Chief Justice and three Associate Justices, to be chosen by the electors of the State." It is further provided that the judges of the Supreme Court shall be so classified that but one of them shall go out of office at the same time, and that their term of office shall be eight years. It is presumed that the intention was to provide for constituting this tribunal, whenever the growth and condition of the State, should so multiply the business of the Circuit Courts, as to give them ample employment. There is a reason to believe that such a period has now arrived. Aside from this pressing consideration the establishment of a Supreme Bench, wholly independent of the Circuit Courts, is a marked benefit, admitting of no question. The rights of the public, the interests of suitors, and the requirements of justice, are concurrent in pointing to the wisdom and expediency of this step. The commencement of new judicial term of the Circuit Courts, is deemed to be a fit period for the constitution of an independent Supreme Court, so that the election of Judges thereof, may proceed at the same time with that of the Cirinit tJudges, and that the terms of office, respectively, may correspond, so far as is practicable, under the Constitution. The testimony of the Circuit Judges, of the bar, and the evidence furnished by the dockets and calendars of the Circuit Courts, especially in the first, second, third and fifth circuits, unite upon the point that the Judges respectively, find ample employment for the whole of their time between the active duties of the circuits and the necessary chamber duties, and in investigation necessary to the decision of questions of practice, interlocutory motions, and final decisions; while in the seventh and eighth circuits, a large portion of the time of the Judges is taken up by necessary travel through regions of country where the means of conveyance are both slow and laborious. Section II, of the Article of the Constitution above referred to, provides that a term of the Circuit Court shall be held, at least twice in each year, in.every county organized for judicial purposes, and four in each year, in all counties containing ten thousand inhabitants. The rapid increase of the population of Michigan, within the past four years, has thrown many of the counties above the limits of ten thousand inhabitants, and has increased the duties of the Circuit Judges correspondingly. A glance at the official Census of 1850, compared with an estimate to be ï~~314 MESSAGES OF GOVERNORS OF MICHIGAN obtained by approximation, from the popular vote of November 4th, 1856, shows that the following counties have risen above the limit of ten thousand inhabitants, viz: Allegan, Barry, Clinton, Eaton, Ingham, Jonia, Lapeer, Ottawa, Saginaw, Shiawassee and Van Buren, whereby the - duties of the Circuit Judge of the fifth circuit have been increased by two additional terms in each year, in Allegan, Eaton, Van Buren; those of the Judge of the eighth circuit, by two additional terms, in each of the counties of Barry, Jonia, Ottawa and Clinton; those of the Judge of the fourth circuit, by two additional terms, in the county of Ingham; those of the Judge of the seventh circuit, by two additional terms, in each of the counties of Lapeer, Saginaw and Shiawassee. In addition to the above, the following new counties have been organized for judicial purposes, since the adoption of the present Constitution, each requiring two terms of the Circuit Court, annually, viz.: Sanilac, Montcalm, Oceana, Grand Traverse, Newaygo, Cheboygan, Manitou, Gratiot, Midland, Mason and Manistee. It would seem then, that an intelligent regard for the character of the jurisprudence of the State, the prompt, thorough, and just enforcement of law," both civil and criminal, call alike for the establishment of an independent Supreme Judiciary, agreeably to the provisions of the organic law of the State. Reports of the decisions of courts of last resort, in all countries, are among the recognized tests of relative advancement, civilization and enlightenment. These Reports become interchanged between the different States, and they are consulted, wherever the Common Law of England is the standard. The value of legal decisions, as adjudications making the application of general principles, to cases arising, depends wholly upon the learning, research, and legal skill of the tribunal which originates them, and they are esteemed of authority, or the reverse, in proportion as they evince these qualities. Just and intelligent decisions are constantly adding to the great common stock of legal knowledge, while crude, hasty and weak opinions do but "darken counsel, by multiplying words without wisdom." While as a State it is well to cherish a just and proper regard for the standing of the Supreme Judiciary in the community at large, yet our first and most urgent duty is to the People of Michigan, to secure to them the blessings of a pure and intelligent administration of public justice, in order to both of which, it is requisite that the Court of last resort should be left entirely free, to devote their time and their full abilities, to the discharge of those duties alone, which properly belong to a Supreme Judicial tribunal. REPRINT OF LAWS. I have been notified by the Secretary of State that the session laws for each year since 1846, are out of print. The rapid settlement of the ï~~KINSLEY S. BINGHAM 915 northern part of the State, and the organization of new townships, has created an unexpected demand for them, and no further copies can be supplied. It is believed that before the meeting of the next legislature, one hundred, or one hundred and fifty additional townships will be organized. It would be difficult, if not impossible for their township officers and magistrates to transact business without access to the statutes. I submit for your consideration whether in this exigency provision 'ought not to be made for the collection and arrangement of the laws now in force, and for their publication. BANKS. An act to authorize the business of banking, was passed by the last Legislature, but as it did not reach me until after their adjournment I had no opportunity to state the reasons which induced me to withhold my signature and approval. Like most new States, ours has been settled by an active, energetic and enterprising class of men, who are desirous of accumulating property rapidly. It is an incident to the settlement of all new countries, from which our State is not exempt, that there is a deficiency of capital to facilitate the conduct of its business, and a vague notion prevails that credit can be made to supply this deficiency. Whenever an opportunity has been obtained, a class of restless borrowers have resorted to banking, with the vain hope that the necessity of capital could thus be supplied. Improper means are resorted to, to force into circulation a large amount of paper currency by the establishment of banks remote from places of business, and by exchanging or otherwise obtaining a circulation remote from the place of redemption. The people of Michigan have been made to feel keenly and bitterly the inevitable results of these schemes, and it is no matter of surprise that the laboring and producing classes, those who create the wealth, believe that rather than be swindled periodically by fraudulent banks, they would be far better off with no banks at all. A want has undoubtedly been felt by our commercial men for bank facilities, and their business has frequently been restricted because they could not obtain them, but it is a question whether this inconvenience to a few, has not been more than overbalanced by the sound currency which the many have received in exchange for their labor or their produce. It is a noticeable fact, that the last two years are the only ones in the history of this State, in which the people have not been swindled by fraudulent banks. You will undoubtedly be told that the business wants of many localities in this State require the establishment of banks, and will be urged to pass a bill to authorize them to go into operation. If so, I trust you will concur with me in the propriety of providing such safeguards as will secure the com ï~~316 MESSAGES OF GOVERNORS OF MICHIGAN munity against bankruptcy and fraud. In this most important matter, they have a right to look to you for protection. It is urged in favor of the establishment of local banks that a depreciated currency would be thereby driven away, and a sounder take its place, but this is against all experience. Banks do not desire a large circulation in their immediate vicinity, and they frequently become the agents of putting into circulation a depreciated or fraudulent currency, remote from the place of redemption. To guard against this, I would respectfully suggest if you should frame a bill, that all banks be prohibited from paying out any but their own notes from their counter, and the establishment of a system similar to that voluntarily entered into by the banks in New York, by which all balances are frequently settled. This would require all banks to send home for collection all the notes of others which they had received on deposit or in the payment of debts, and would enable each to obtain in the immediate community in which it was situated such a circulation as its credit and character would entitle it to. One of the great evils experienced, when bank paper constitutes the chief circulation, is its constant fluctuation. Distant rumors of the curtailment of banks at the centres of commerce create a panic, and other banks begin to withhold their usual accommodation, to provide against a coming storm--the prices of property or produce are sometimes thus designedly affected, and while fortunes are secured to some, great sacrifices frequently occur to others. Such occurrences are highly detrimental to the transaction of legitimate business, and can only be prevented in the opinion of eminent writers upon currency by the infusion of a larger amount of specie into the circulation. The large monthly receipts of gold from California which have taken place for several years, make it possible without inconvenience to dispense with the use of small bills. This would insure to the poorer classes who are the most confiding and the least able to bear loss, at all times a positive consideration for their labor, and would confine the banks to the more legitimate business of furnishing facilities to the commercial classes. My views upon this important subject were fully expressed in my message to your predecessors, to which I beg leave to call your attention, with the assurance that I shall concur in the passage of any measure which will invite capital to co-operate with our business men, if it be so guarded as to prevent the recurrence of such disasters as befell the community when the Government Stock Bank and a long list of others exploded. THE USURY LAWS. The Usury Laws of this State are based upon an erroneous principle and are entirely disregarded. ï~~KINSLEY S. BINGHAM 317 There is a market rate for money like that of any other commodity, which is increased or diminished.in proportion to the supply. Any law which seeks to restrict the possessor of money from obtaining the price for it which the demand in the market will warrant, only discourages fair and open dealing, and makes the borrower pay a premium for the hazard of its violation. UNITED STATES SENATOR. The term of one of our Senators in Congress will expire on the third day of March next. The duty will devolve upon you within ten days from the commencement of the Session, to elect a successor. KANsAs. At the last session of the Legislature I felt it my duty to call attention to the strenuous efforts made by the general government to extend the area and influence of slavery, and to the repeal of the Missouri Compromise by the last Congress. Without occupying your time with a repetition of the reasons I then presented for resisting the ambitious schemes, of the few comparatively, who are interested in the extension of that baleful element of society, I embrace the occasion emphatically to reaffirm them, and solicit for them your candid consideration. Events which have since transpired, which are now passing, and which are foreshadowed in the future, confirm the gloomy apprehensions which were inspired by the passage of the Kansas-Nebraska act, and utter a voice of warning which no patriot-no lover of liberty and the right, and the privileges, secured by the Constitution of the United States, can disregard. As the bill itself was the work of Legislative craft, framed, or attempted to be framed, in such a manner as to enable the advocates of slavery extension, to insist that it authorized slavery in the territory, and those who dared not openly avow that object, to insist that it did not -thus presenting two opposite aspects to the country, but being in its visible purpose a fraud upon the Free States; so has the enforcement of it by the present federal executive, and the instruments of his power, evinced the same spirit of fraud and injustice in which it had its birth: Scarcely had the bill become a law when the people of Missouri, inhabiting the borders, formed associations with the avowed purpose of making Kansas a slave-holding country, and of excluding and expelling all settlers who might not sympathize with them. To this end they early and unequivocally announced their intention to employ force. False and inflammatory rumors were put in circulation imputing the Free States settlers, the most criminal intentions, and among these the purpose to sow discontent among the slaves of Missouri, and to decoy them away from their masters. >Unscrupulous, noisy and cunning' demagogues ï~~318 MESSAGES OF GOVERNORS OF MICHIGAN perform the work of propagating calumny and false alarm, with such skill and perseverance, as to electrify not only the border population, but to attract to the scene throngs of reckless and lawless adventurers from the Slave States. In November, 1854, at the election of a delegate from the Territory to Congress, the different precincts were entered by bands of Missourians, all in favor of introducing slavery into the Territory, but none of them entitled to vote, who by intimidation and violence at the polls, usurped the elective franchise of the people and sent a delegate of their own choosing-so manifest was the illegality of this choice that the House refused to admit him to a seat. But a far more serious usurpation was practiced upon the people, of the Territory, at the election held in March, 1855, for members of the Territorial Legislature; that body to which the organic act gave the power to permit or prohibit slavery as they should think fit. The act declared in express terms, that the people of the Territory were left "perfectly free to form and regulate their own domestic institutions in their own way, subject only to the Constitution of the United States". And yet, although Kansas then contained not more than three thousand legal voters, a large majority of whom were unquestionably opposed to the admission of slavery, not less than 4,900 Missourians, having no more right to vote at the polls than had the inhabitants of any other State, entered the territory in armed bands, with cavalry and artillery, took possession of all the polls, save one; insulted, maltreated and drove away the peaceable residents who came to vote, voted themselves, and thus returned as members of the Legislature persons known only for their violent hostility to the Free State men. The fact of this invasion and usurpation is placed beyond doubt by a mass of testimony which there is no attempt to discredit, and it furnishes to the country and the world the first instance where the will of an American community, professedly enjoying the right of self government, has been completely frustrated by violence. The fact stands, as a monument, of the dangers to be apprehended from the slave power, and no right thinking man can view it without the most fearful solicitude and alarm. This body of men assumed to legislate for Kansas. They enacted a code recognizing the legal existence of slavery there, and inflicting the severest penalties upon all who should act or even speak against it. A code whose atrocious provisions have been justly pronounced, even by the supporters of the Kansas-Nebraska act, as a "disgrace to the civilization of the age." That people from the free States should refuse to recognize the binding force of laws thus imposed upon them, and rejecting a magistracy to whose appointment they had not consented, and whose principles and conduct were hateful to their feelings, was to be expected-unless indeed the delusion was cherished that Northern men have no respect, either ï~~KINSLEY S. BINGHAM 819 for their rights or for themselves. That they would not acquiesce in an election so manifestly fraudulent, nor in a course of legislation, which, by violating the freedom of speech and the press, assailed the Constitution itself-and by prescribing odious test oaths and unheard of disqualifications of voters and jurors, sought to annul the most vital provisions of the organic act, was as easy to predict as to know the character of Northern freemen. And yet the President of the United States, fully aware of the fraud and force employed at the election, and of the barbarous and unconstitutional character of the Legislature, has not scrupled to lend his sanction to both, by actually employing the military power as well as the appointing power, to consummate the scheme of forcing slavery into Kansas and dragooning the free State men into submission, or driving them out of the territory. We have no ground to presume that this scheme will be abandoned. The power which started, will still prosecute it, aiming as it does, under a claim of constitutional right, to extend slavery into all the territories of the United States. The contest between free labor and slave labor, between free society and slave society, will not probably terminate with the struggle in Kansas, whatever may be the result there. History teaches us that privilege never restrains its ambition to rule, nor abates a whit of its pretensions; and so long as in our country, it can surround itself with flatterers and parasites, it will continue to struggle for enlargement and preponderance. Meanwhile we should not be unmindful of the great importance of the question now pending in Kansas. It is not to be forgotten that it was once solemnly dedicated to freedom-that that pledge has been wantonly and ruthlessly withdrawn-that the authors of the faithless act have invited a competition between free state and slave state settlers to determine whether it shall, for the future, be the happy home for the free labor of the hardy pioneers of our own, and the oppressed and banished of other lands, or be blighted and cursed with human bondage-that on the part of the slave power this contest, which should have been a peaceful one, has been marked by acts of oppression and atrocity that would have disgraced a public enemy professing to be governed by the laws of warthat free state men have been deliberately murdered-peaceful families guilty of no crime save a dislike of slavery, forcibly driven from their homes by marauders, their houses burnt, or demolished, their effects plundered and their lands taken from them-that whole settlements of free state men have thus been broken up, robbed and dispersed-that others, entering the country have been stopped, their arms and property taken from them, and they compelled to grapple with pinching want. or to return to their friends as best they could-that for defending their lives and property against armed assailants of the opposite party, settlers from the free states, including our own, have been seized and charged with murder, and tried for that high offence, while, until very recently, ï~~320 MESSAGES OF GOVERNORS OF MICHIGAN not one individual of the South Carolina, Georgia, Alabama, Mississippi or Missouri gangs that have infested the territory, and been guilty of these outrages, has ever been apprehended for his crimes. Such has been the character for justice of the representatives of the slave power in Kansas. Let them not be surprised if they shall one day find that there is a retribution! From information which is reliable, and facts which are notorious, it is evident that this unjust and cruel proscription of free State settlers is to be kept up. The propagandists of slavery know too well the value of the stake for which they are playing to forget an advantage or relax an effort-and although the settlers who are favorable to making Kansas a free State are probably much more numerous than the opposite party, yet numbers can avail but little while the power of the general government is exerted against them, and they are opposed, without the right to protect themselves, to the grossest prosecution and injustice. Every free State, nay the whole country, has a deep interest in this matter. Our own State has contributed its full proportion of emigrants to Kansas. Many of them are now there, crippled in their resources, and reduced to destitution by the difficulties which surround them; but with their brethren from the other free States, they are bearing up bravely against the adverse current. Shall we remain indifferent to their sufferings, their hopes- their patriotic devotion to the great principle of human liberty? The people of this State, have at the recent Presidential election, by a majority unexampled in its history, passed their judgment upon the question of allowing slavery to go into Kansas, or elsewhere, upon soil now free. They have deliberately reiterated their condemnation of the repeal of the Missouri restriction, and of those of their public servants who, yielding to the demand of the slave power, gave the measure their support. They have condemned the barbarous policy pursued in Kansas. Their sympathies are awake to the trying and destitute situation of their brethren there. And I have the fullest confidence that some measure authorized by the Constitution, calculated to relieve their necessities, to animate their hopes and to sustain their efforts, will meet the hearty approbation of our constituents. That emigrants from Michigan, thus situated in a federal territory, are beyond the reach of our protection, I cannot for a moment concede. Under the Federal Constitution, we cannot perhaps raise and arm men to protect them, nor is such a step contemplated or desired. But the right to minister to their wants, in food, clothing, and other necessary means,-the right to protect them from the rigors of winter, and the horrors of beggary and starvation, to which unbridled audacity, and unpunished crime under the ironical names of "law and order," have exposed them, cannot be doubted. I therefore recommend the adoption of such measures of relief, as in your wisdom ï~~KINSLEY S. BINGHAM 321 you may think fitting the occasion and worthy of the residents of a State whose soil was consecrated to freedom by the ordinance of 1787. I had the honor of transmitting to our Senators in Congress, the Resolutions of instructions which were passed on the 26th Jan., 1855, respecting slavery in the Territory of the United States, and the Fugitive Slave Law of 1850, and they were by them presented to the Senate. I regret to say that although they have heretofore recognized the right of Legislative instruction, they have not thought proper thus far to comply with their requirements. Whatever doubt may have been entertained, at the time of their passage, as to their representing the deliberate judgment of the people of this State, must have been completely dissipated, by the strong condemnation which has been expressed of the Kansas-Nebraska Act, acid of those who deemed it their duty to support and sustain it, at the recent Presidential election. I submit to your judgment the propriety of passing similar resolutions of instruction, and of again placing upon record, the fact, that whatever changes may have been going on in the minds of individuals or of politicians, the people of Michigan still earnestly cling to the principles of the ordinance of 1787,-that they still adhere to their own Legislative resolutions of 1847, so often reiterated since-"that Congress has the power, and that it is their duty to prohibit by legislative enactment the introduction or existence of slavery within any of the territories of the United States, now or hereafter to be acquired". The character of States, like that of individuals, is formed while in a state of pupilage. Those territories in which slavery has been prohibited under the guardianship and protection of Congress, have invariably become free and prosperous States--and whenever that protection has been withdrawn from the territories, States have arisen, which are now suffering from the disgrace and blight of human bondage. Gentlemen of the Legislature-high and responsible trusts have been confided to you by your constituents. Your acts will make a deep impression upon the future history of Michigan. I have the fullest confidence that you will contribute by the discharge of your delicate and responsible duties, to advance her destiny and make it glorious. And I shall cheerfully co-operate with you in the adoption of any measures which will tend to exalt the honor, or promote the prosperity, of our beloved State. KINSLEY S. BINGHAM. ï~~322 MESSAGES OF GOVERNORS OF MICHIGAN January 31, 1857 From Journal of the House of Representatives, p. 317 To THE LEGISLATURE OF THE STATE OF MICHIGAN: I have received a communication from the Commissioner of the State Land Office, which is herewith transmitted, in relation to extensive depredations upon the State lands, to which I have thought proper to call your special attention. These trespasses are deliberately and systematically perpetrated chiefly upon lands remote from settlement, and by a class of men who have no permanent residence in the State. On this account it is extremely difficult if not impossible under the existing laws, to detect and punish them. I recommend, therefore, the passage of some more effective law to enable the proper authorities to bring to retributive justice these marauders upon the public lands. K. S. BINGHAM. February 4, 1857 From Journal of the House of Representatives, p. 392 To THE HousE OF REPRESENTATIVES: I return herewith, without my signature, the "act to amend section 18 of chapter 150, title 29, of the Revised Statutes of 1846." I do not approve of that clause which increases the pay of jurors in justices' courts. The right of trial by jury is considered inestimable and the duty is freely undertaken by all good citizens without the expectation of being fully compensated therefor. Parties are frequently required to appear in justices' courts who have reason to believe that on account of some prejudice or bias entertained by the magistrate, they will not obtain a fair trial. To, require such persons to pay $3 in advance before a jury can be summoned, would be regarded in many cases as a great hardship, and a virtual denial of the right. The re-consideration of the subject is therefore respectfully requested. KINSLEY S. BINGHAM. ï~~KINSLEY S. BINGHAM 323 February 6, 1857 From Jowrnal of the House of Representatives, p. 476 TO THE HOUSE OF REPRESENTATIVES: I have not thought proper to approve of the joint resolution for the relief of John Voggthin. The design seems to be to perfect the title to the legal owner of some primary School land; but the concluding clause says "that the amount of improvement charged thereon shall be refunded by the commissioner of said land office". I cannot conceive that there is any just claim upon the State treasury for improvements made upon primary school land; but if there is, the Board of State Auditors are fully empowered by the constitution to examine and adjust the same. Any other course might open the door to fraudulent designs upon the treasury. I also return the joint resolution authorizing and empowering the Board of State Auditors to audit and allow damages to owners of certain lands, being part of sections sixteen and seventeen of township No. seven south, of range one west, county of Hillsdale. The constitution already confers complete and ample jurisdiction upon the Board of State Auditors over the subject, and they are constantly investigating similar claims. As no additional power can be conferred by the passage of the resolution, it might be construed as a recognition of the claim by the Legislature. This would be a dangerous precedent, against which it is our duty to guard. KINSLEY S. BINGHAM. February 6, 1857 From Jowrnal of the Senate, p. 327 To THE SENATE: I return herewith without my signature the Joint Resolution relative to the claim of the heirs of the estate of John Van Akin and Albert Elliott. Ample powers are conferred upon the Board of State Auditors by the Constitution to adjust this and similar claims. To single one out by a Legislative resolution, from the many of a similar character which are presented to that Board and adjusted by ï~~324 MESSAGES OF GOVERNORS OF MICHIGAN them might be construed as an expression in favor of its allowance.-And such an innovation upon the powers conferred upon others, might furnish an excuse for not guarding with sufficient care against those who have designs against the treasury. KINSLEY S. BINGHAM. ï~~1858 January 20, 1858 From Joint Documents of the State of Michtgan, pp. 1-7 FELLOW CITIZENS OF THE SENATE, AND Hous or REPRESENTATIVES: The sessions of the Legislature are limited in effect, by the Constitution, to a period of forty days, once in two years. A considerable portion of the time of your last session was necessarily devoted to a disposition of the grants of land made by Congress to aid in the construction of Rail Roads, and there was scarcely time left to perfect other measures of legislation that were indispensable. It would have been much more in consonance with 'my feelings, if the expense which must necessarily be incurred by an Extra Session could have been avoided, but it has seemed to me that public interests of great magnitude imperatively require it. One of the most important measures of the last session, that of redistricting the State, for the Circuit Courts, was passed by the House of Representatives but was not reached in the Senate for the want of timeand consequently in the counties of Gratiot, Mason, Manistee, Manitou, Emmet, Oceana, and several other unorganized counties, no provision was made for holding Courts. Civil contracts for the payment of debts cannot be enforced, nor is there any mode by which the guilty violators of the law can be brought to justice. The imminent peril in which a large portion of our constituents are thus placed, would of itself be a justification for calling you together; and I trust that your immediate action will provide for their necessities. The amount of labor and travel imposed upon the Judges, under the present arrangement of Circuits, is very unequal-and it is submitted to your judgment, whether the present Judicial Districts, can be so modified and arranged as to equalize the duties and labors of the Judges, and include the whole State within the eight Judicial Circuits: Or if this cannot be done, whether a new Circuit ought to be created. I invite your attention to the Report of the Commissioner of the Land Office, and especially to that part in which he has assigned his reasons for withholding the Swamp Lands granted to the State by Congress from sale, under the Act of 14th of February last. The third section of the Act, required the Commissioner to advertise in every county in the State, in which a newspaper is published, all the lands offered for sale by their legal sub-divisions. This was undoubtedly an oversight of the Legislature, for after a careful computation by the Commissioner, he ascertained, ï~~326 MESSAGES OF GOVERNORS OF MICHIGAN that the expense of advertising would exceed by far the cash receipts for the land. I feel confident, therefore, that you will concur with me in the opinion, that the Commissioner assumed a proper responsibility in withholding the lands from sale. My opinions of the duties and responsibilities of the Legislature in assuming and controlling this grant of lands by Congress, are fully expressed in my message of 1855, and 1857, to which I respectfully ask your attention. The great object of the grant was to secure the drainage, cultivation and occupancy of a large quantity of land which found no purchaser from the General Government. Our experience in the disposal of lands granted by Congress for internal improvement, should warn us that it is not the true policy of the State, in assuming the control of this grant, to create offices, and employ engineers and laborers for the purpose of draining the lands, or a fund, out of the proceeds of their sale, to be expended under the direction of the State, in their drainage; but rather to dispose of them in all the districts where there are settlements, at such a low price as would justify the purchaser in making the necessary provisions for their drainage and improvement. If in so disposing of them we shall confine their sale to actual settlers, we shall have a guarantee that the purchaser would be prompted by self interest to make such improvements as would render his lands productive and valuable. The depression in the price of land, and all other articles, caused by the great reduction in the amount of Bank circulation, upon which we are unfortunately compelled to rely mainly for currency, renders it improbable that any considerable quantity of lands would bring the minimum price established by law of five dollars per acre. I. therefore respectfully recommend such a modification of the Act, as will reduce the minimum to one dollar or one dollar twenty-five cents per acre, and that the expense of such advertising and selling be reduced to the lowest practicable amount, with such other modifications as your wisdom shall suggest. My opinions are unchanged, that the net proceeds of these lands, after the payment of our public debt, should be sacredly devoted to an educational fund, and I submit to your judgment whether the Agricultural College, now in successful operation, should not have some endowment to secure its permanency and usefulness. The financial embarrassment and distress which has overspread the country, and which has so sensibly affected the receipts into the National Treasury, has also seriously diminished the revenues upon which reliance had been placed to replenish the State Treasury. The State levied a direct tax in 1856 of about sixty-five thousand dollars, and in 1857 of about eighty thousand dollars. This tax is levied and collected in the ï~~KINSLEY S. BINGHAM 827 several counties at the same time that the township and county tax is collected, and the county Treasurers are required to make their returns and settle with the Auditor General and State Treasurer. A much larger proportion of tax than is generally supposed is levied upon unimproved and non-resident lands. The County Treasurers, therefore, instead of paying the moneys collected into the State Treasury, return to the Auditor General, for the State tax, the delinquent tax on the non-resident lands, which in a majority of the counties is fully equal or more than sufficient to pay their proportion of State tax. It will thus be perceived that very little money comes directly into the State Treasury. If the taxes on these non-resident lands are not paid, they are returned to the several counties to be sold, and if not redeemed by the owner within one year after being sold, they become forfeited to the purchaser; or if no purchaser is found, they are forfeited to the State. The amount of lands returned and forfeited to the State has been greatly enhanced the present year, not only on account of the great scarcity of money, but because an impression has been industriously circulated that the titles to the lands sold for taxes were invalid; that the State did not mean to preserve her faith with the purchasers; and that by some technical quibble, the original owners could dispossess the purchasers and avoid the payment of a tax altogether. Such an opinion, if well founded, besides its manifest injustice, would deprive us of one of the principal sources of State revenue. Very considerable receipts were also anticipated, when you were last in session, from the sale of Swamp Lands, which has been entirely cut off by the judicious action of the Commissioner, in withholding the lands from sale, to which I have referred. Through the operation of these causes, unforeseen and temporary in their character and duration, you will perceive by reference to the Report of the State Treasurer, that he will be unable to redeem the two hundred and sixteen thousand dollars of our bonds that fall due on or before the first of January next, and meet the appropriations for our various State Institutions, and for the current State expenses, which were made at your last session. In this exigency, it devolves upon you, as the Representatives of the people, to determine the proper course to be pursued. The resources of our State, are undiminished-the specific tax upon railroads is more than sufficient to pay the entire interest upon our funded debt, which is very small, amounting to only two million two hundred and sixty-nine thousand four hundred and sixty-seven dollars. We have about six million acres of Swamp Land, a large portion of which is valuable. We have an industrious, enterprising and productive population, who notwithstanding they feel the effects of the commercial revulsion ï~~328 MESSAGES OF GOVERNORS OF MICHIGAN which is spreading over the civilized world, are curtailing their expenses, practising the most rigid economy, and by their unflagging labors, in our rich mines-in our vast forests-in our productive fisheries -and in the cultivation of our exuberant soil, are annually adding millions to the wealth of the State. Can we abandon or discontinue any of our State Institutions? Those of learning, all of which are in a flourishing condition; or the State Prison, or the House of Correction? Are we not too elevated in the scale of civilization and Christian refinement to relinquish the Asylums for the Deaf, Dumb and Blind, and the Insane? Can we reject the appeals to our humanity and benevolence, from these unfortunate classes in every county in the State, to provide for their care and education? I think I hazard little in asserting that if an appeal were made directly to the people, their awakened spirit of beneficence would not rest satisfied while these sufferers are left uncared for. /The State tax for the last three years has been exceedingly light, not exceeding one-half of a mill on the dollar, on the valuation of the property-while the average State tax from the years eighteen hundred and thirty-eight to eighteen hundred and fifty, averaged about three mills on the dollar. In the State of Ohio, the State tax for a number of years, averaged over five mills on the dollar of valuation-and yet during the present derangement, in currency and business, it might seem burdensome and inexpedient, to increase the rate of taxation. This necessity can undoubtedly be avoided, by authorizing a temporary loan of fifty thousand dollars, to meet the deficit in the State tax of this year, to which amount we are so properly limited by the Constitution, and also if found necessary by the issue and sale of stocks, sufficient to redeem those previously issued, and falling due the present year. I invite your particular attention to the Report of the State Treasurer, which states with great exactness, and particularity the diminution in the receipts as compared with previous years. It will also be perceived that he has paid $147,035.34 of the public debt, during the three years of his administration. The people are interested in knowing that a rigid economy is observed in the appropriation and expenditure of money by their Representatives and Agents, and I take this occasion to say that, where money has been expended through agents of my appointment, and under my supervision, it has been done with a fidelity to the public interests worthy of praise. No money has been expended for the accomplishment of personal or partizan ends, and the Treasury has been well guarded against the assaults of fraudulent claimants. In my message of January last, I had the honor of calling your attention to the condition of those of our citizens who had emigrated to -Kansas, for the purpose of finding a home, and of co-operating with the ï~~KINSLEY S. 'BINGHAM 329 friends of freedom in prohibiting the introduction and establishment of human slavery in that great territory-they had, for nearly two years been exposed to the persecution and violence of an infuriated ruffian mob, who, instigated by the slave power of the country, crossed into Kansas from the State of Missouri, and drove them from their homes -burned their houses-plundered their effects-destroyed their printing presses, and murdered many of the people. Others were seized and arraigned before the Courts of the Territory, and subjected to chains and imprisonment, under the pretence that for seeking peaceably to establish free institutions, they were guilty of treason against the Constitution and government of the United States. During this long and unequal struggle, the United States Government, to whom the people had a right to look, as their natural and Constitutional guardian, with a full knowledge of the facts, made public by an official investigation of Congress, shamelessly lent its aid and sympathy to the oppressors. It is no matter of wonder that the barbarities practiced there, and the culpable conduct of the Government should have excited the indignant feeling of the people in the States, free and throughout christendom, and voluntary contributions to a very large amount were freely made and forwarded to sustain those who had thus been reduced by cruel treatment to want and starvation. Partaking in the general sympathy, and anxious that the archives of the State should contain the earnest and solemn protest of the people against the repeal of the Missouri Compromise, and the subsequent acts by which Slavery was sought to be introduced into Kansas, the Legislature appropriated "ten thousand dollars for the aid and relief of emigrants from the State of Michigan to the Territory, to be drawn for that purpose, at the discretion of the Governor". After becoming satisfied of the necessities of the people by an extensive correspondence, and having received the offer of the National Kansas Committee, to disburse the money under my direction, without expense to the State-I transmitted to the Secretary of that Committee, one thousand dollars, to be expended exclusively in the purchase of seeds, to be distributed among the necessitous Michigan emigrants. I have received from Mr. H. B. Hurd, the Secretary of the Committee, at Chicago, his report, attached to which is the report of Mr. E. B. Whitman, sub-agent in Kansas, with vouchers for the distribution of the seeds, which satisfy me that the expenditure was justly and properly made. I have also received numerous letters from Michigan emigrants, and others, expressing their joy and thankfulness at the great relief thus afforded. The atrocious attempt to extend and perpetuate Slavery in Kansas, through the influence and agency of the Government of this Union, which was founded "to establish justice, and secure the blessings of liberty,"will constitute one of the darkest chapters in our history, and has only ï~~380 MESSAGES OF GOVERNORS OF MICHIGAN been thwarted, by the zealous efforts and sacrifices of the people in the free States, in which our own has borne an honorable and conspicuous part. A very serious breach in the St. Marie's Ship Canal the last summer, has rendered that great work a source of anxiety to the State authorities, in whose care it is intrusted. It was probably saved from destruction by the timely intervention and aid of United States officers and men, who happened to be there. I have requested Mr. Burt, the late Superintendent of the Canal, and an Engineer of experience, to make a report of its present condition, with the hope that Congress, at its present session, will see the necessity of an appropriation to make it secure and permanent. The vast interest concerned in the navigation of the Upper Lakes which is rapidly increasing every year, renders it highly important that this great National work should be placed as far as possible beyond the hazard of destruction. I am assured that our members of Congress will remit no effort for its accomplishment. I have received a communication from the Judges of the Supreme Court, asking for certain modifications in the Statutes, made necessary by the establishment of that tribunal, which is herewith transmitted. With the confident hope that your deliberations will result in the adoption of wise and judicious measures let us invoke the aid of that good Providence which has guided us hitherto, in our endeavors to advance the welfare, prosperity and honor of the State. KINSLEY S. BINGHAM. February 2, 1858. From Journal of the House of Representatives, p. 168. To THE LEGISLATURE: It has been suggested to me that the interest of the Upper Peninsula would be subserved by your giving those of their Railroads which have parallel lines authority to consolidate or purchase from others their rights and franchises, and I submit it for your consideration. I have also been earnestly requested to submit for your consideration, the propriety of investing the Board of Control with discretionary power to accept the Railroads in the Upper Peninsula if they are constructed with a flat bar rail, and I therefore comply with the request. KINSLEY S. BINGHAM. ï~~1859 January 1, 1859. From Joint Documents of the State of Michigan, pp. 1-15 FELLOW-CITIZENS OF THE SENATE AND HousE OP REPRESENTATIVES: The Constitution makes it the duty of the Governor, at the close of his official term, to give to the next Legislature "information by message of the condition of the State". I have the honor, therefore, in compliance with its requirements, of making this communication to you. The receipts into the State Treasury during the fiscal year, ending Nov. 30, 1858, were as follows: Balance of cash in Treasury Dec. 1, 1857.................. $158,642.70 GENERAL FUND. From delinquent taxes..................... $226,392.19 i specific taxes........................ 166,261.44 " other sources......................... 8,002.72 i new bonds.......................... 266,000.00 666,656.35 INTERNAL IMPROVEMENT FUND. From sale of lands and U. S. five per cents...............5,297.28 TRUST FUNDS. From sale of University, Pirimary and Normal School lands............................ $22,573.91 i swamp lands......................... 62,897.67 i Asylum lands and interest.......... 2,933.11 " State building lands, and interest.......1,069.32 89,474.01 For Int. on part paid University land certificates.................................... $19,221.45 Int. on part paid Primary School land certificates................................... 68,467.64 ï~~332 MESSAGES OF GOVERNORS OF MICHIGAN Int. on part paid Normal School land certificates................................... $3,042.14 Int. on part paid Swamp land certificates.... 4,614.06 95,345.29 From Sault Ste. Marie Canal tolls....................... 8,947.42 Total............................................ $1,024,363.05 EXPENDITURES. GENERAL FUND. For expenses of sales, refunded to counties, redemptions refunded, &c................. $112,873.08 For salaries, expenses and appropriations.... 176,235.51 For taking up and canceling bonds, (University)................................. 99,000.00 For payment of interest on State Indebtedness 9,510.00 $379,618.59 INTERNAL IMPROVEMENT FUND. For payment of interest on State indebtedness 122,559.60 For payment of bonds, treasury notes, outstanding warrants and exchange...........5,649.33 For payment of D. & P. R. R. bonds..........97,000.00 225,208.93 TRUST FUNDS. For support of University.................35,425.01 For Primary School apportionment........ 107,569.89 For Asylum appropriations.................59,500.00 For expenses of Normal School............. 6,998.49 209,493.39 For expenses of Swamp land sales............14,030.49 For erroneous sales of land and interest refunded, and expenses of advertising and appraising forfeited lands....................1,624.45 15,654.94 ï~~KINSLEY S. BINGHAM 33 M. C. R. R. deposits refunded.............................$40.00 Balance cash on hand Nov. 30, 1858...................... 176,347.20 Total............................................. $1,024,363.05 It will be perceived that the aggregate of receipts and expenditures is largely increased by including bonds to the amount of $266,000.00, which have been issued in conformity to the law of January 30th, 1858, all but $50,000.00 of which were to redeem the outstanding bonds of the State which fell due on the 1st of July last, and on the 1st of January instant. The conditions of the law, for the issue of these bonds, have been faithfully complied with, and bonds to the amount of $196,000.00 have been redeemed and cancelled, and provision made for the redemption of $20,000.00 which fell due on the 1st of January instant. It is gratifying, also, to be able to state that the credit of the State is in a high condition; and that while the bonds of the States of Virginia, Tennessee, Missouri, and several other States, were below par, we were able to negotiate these bonds at a premium. It will also be noticed, that other large amounts of money, as the interest on the University and School lands, constitute no part of the revenue of the State, but that the Treasury is simply made the agent for their receipt and disbursement. The receipts into the Treasury for delinquent taxes upon non-resident lands, have been largely increased over the last year. This is to be attributed mainly to the able decision of the Supreme Court, which has rendered hopeless the efforts of that class of property holders to avoid their just proportion of the public expenses. If this just decision had not been promptly made, or if the Court had arrived at a different conclusion, the Treasury would have been greatly embarrassed, and the resident tax payers subjected to an inconvenient, if not insupportable burden. The State indebtedness, for which bonds have been issued, is as follows: Penitentiary Bonds, due January 1, 1859................ $20,000.00 Penitentiary Bonds, due in 1860........................ 40,000.00 Internal Improvement Warrant bonds................... 50.00 Full paid Five Million Loan Bonds, due January, 1863.... 177,000.00 Adjusted Bonds due January, 1863...................... 1,726,685.00 The part-paid Five Million Loan Bonds when funded will am ount to.......................................... 104,142.60 Outstanding Int. Imp. Warrants.........................3,752.07 New bonds issued in July last, due 1878.....:...........266,000.00 Total....?...................................... $2,337,629.67 ï~~334 MESSAGES OF GOVERNORS OF MICHIGAN The average amount of cash in the Treasury, for the four years next preceding Dec. 1st, 1854, was...............$285,536.06 The amount of interest received for the use of the same, was 1,553.86 The average amount of cash in the Treasury for the four years next preceding December 1st, 1858, was.......... 309,858.27 The amount of interest received for the use of the same, was 67,465.25 No provision was ever made, previous to 1855, to prevent the constant increase of the public debt, by reason of the accumulated interest on the unadjusted portion of the five million loan, and although there was an average in the Treasury of $285,000, yet the interest upon that loan unpaid was yearly increasing the principal of our public debt, until it had reached the sum of $965,650.83. The following is a statement of interest annually accruing on the "unrecognized" (part-paid) 5,000,000 loan bonds, by reason of the accumulation of interest and its incorporation into the Adjusted Bonds: The amount issued May, 1838, known as "Unrecognized Bonds, is $3,813,000.00; on which the State received only $955,960.24; the annual interest on this amount would be $57,357.60 But the Adjusted Bonds, when all the part-paid bonds outstanding are called in, will amount to $1,921,611.07; upon which amount interest will amount to..............115,296.65 An excess over the former amount, of interest upon the interest incorporated into the Adjusted Bonds-viz., interest on $965,650.83................................ $57,939.05 The Legislature of 1855, upon my recommendation, passed an act requiring these part-paid bonds to be surrendered for adjustment, or that the interest should. stop. It will be perceived that most of them have been returned, and new bonds at the adjusted rate have been issued in their stead. At that time the public debt had reached its maximum, and from that period the surplus moneys on hand in the Treasury, have been applied to its reduction. The total amount of State debt on the 1st of December, 1850, was......................................$2,488,498.66 On the 1st of December, 1854, it was..................... 2,531,545.70 It had therefore increased, in the four years next preceding my administration...............................43,047.04 Total State indebtedness, December 1, 1854.............. 2,531,545.70 Total State indebtedness, November 30, 1858........... 2,337,629.67 ï~~KINSLEY S. BINGHAM $36 From which is to be deducted bonds red'm'd, 1st January, instant............................................. $20,000.00 Total...........................................$2,317.629.67 Diminution in four years.............................. 213,916.03 For. more minute particulars in reference to the condition of the Treasury and the management of the financial affairs of the State, I respectfully refer you to the Reports of the Auditor General and State Treasurer, in which the whole operations of those departments are given in detail. About eighty-five thousand dollars was levied the last year for the support of the State government, by a direct tax. This is at the rate of 48-100ths of a mill upon the dollar of valuation, and about ten or twelve cents to the person of our population. It will not fail to attract your attention, that the expenditures for the operations of the State government exceed its fixed and ordinary income, and to avoid taxation, resort has been had, to meet the appropriations of the Legislature, to the principal of the University, Common School and Swamp Lands, commonly known as the Trust Funds, and upon which the State pays the annual interest, I respectfully submit for your consideration, whether sound economy and correct statesmanship, does not require that the revenues of the State should meet its ordinary disbursements, and whether it will not be necessary, to accomplish that object, to increase the rate of taxation. A State, like an individual, would feel far more independent and able to accomplish a much greater amount of public good, if she were entirely relieved from debt. A vigorous effort in the right direction, would soon relieve us of a burden which revives a painful recollection of youthful folly in incurring a debt of more than two millions, for which we have derived little or no benefit. I respectfully refer you to the report of the Superintendent of Public Instruction, for a detailed statement in relation to the condition of the various Educational Institutions of the State. The University, the Agricultural College, the Normal School, and that still more useful institution the Common School, are all in a flourishing and satisfactory condition, each indispensable, and endeared still more and more in the hearts of the people. It is believed that no State of the same age and population with ours, has exhibited the same liberality in the cobstruction of commodious school edifices and voluntary taxation of great severity for the support of teachers and the construction of school buildings, is no uncommon thing among our people. Wise and liberal appropriations, on your part, to sustain such institutions as rely upon your fostering care, will be, therefore, sure to receive the approbation of a discriminating and enlightened constituency. ï~~336 MESSAGES OF GOVERNORS OF MICHIGAN The Revised Constitution of 1850 contemplated the establishment of an Agricultural College, and the Legislature of 1855 took the initiative in an enterprise, which, I trust will accomplish much for the welfare of the State in the improvement and elevation of its most valuable class of citizens. The idea of combining mental with physical training, and applying them to that great branch of labor which produces our food, and which supports and sustains all other classes, is worthy of the progressive spirit of the age in which we live; and, if it succeeds, we cannot estimate the beneficial results which will flow from it. The College was organized upon a new farm, a year ago last May, and, although it has encountered unpropitious seasons and other embairassments, yet its success has fully equalled the expectations of those who had its management and control. It has been constantly filled by a class of young men of industrious habits and correct deportment, and whose rapid advance in literary attainments, it be believed, are not excelled in any other institution. A bill passed the lower House in Congress, at the last session, making a liberal grant of the public lands for the endowment of Agricultural Colleges. I trust you will lend your influence to secure its passage through the other branch of Congress at its present session. In a few years, when the Agricultural Farm is brought under cultivation and improvement, it is believed that it will be nearly or quite self-sustaining, but at present it will need your support. The number of children taught in our Common Schools the last year was, one hundred and seventy-three thousand five hundred and fiftynine; two thousand three hundred and twenty-three male teachers were employed, and four thousand eight hundred and ninety-three females Iand the total amount of teachers' wages was $443,118.71; the amount of public money disbursed was $107,395.12; the whole amount raised by tax upon property in the districts was $316,558.26; the number of volumes in the township libraries was one hundred and sixty-eight thousand nine hundred seventy-seven. These figures are the evidence of great public spirit in the right direction, in a good cause. I refer you to the report of the Commissioner of the Land Office for a detailed account of the business of his Department. The number of acres of swamp land sold the past year has been ninety-seven thousand six hundred and twenty, and brought $122,287-of which $67,511.73 have been received in cash. The preference given to the actual settler has worked advantageously and satisfactorily, and new settlers are constantly seeking homes upon these lands, many of which are valuable. The reports of the State Prison Inspectors of the last as well as the present year, contain many valuable suggestions, to which I invite your examination. As the State grows older with the steady increase of ï~~KINSLEY S. BINGHAM 337 population, the administration of justice has become much more perfect, and the punishment of crime much more certain than formerly. The increase of convicts has created a demand for increased appropriations and expenditures to provide them with cells and shop room for their labor. * The appropriations for that purpose for the last two years were $32,000, which has been faithfully and judiciously expended. It will be perceived that the whole number of convicts on the 30th November last was 473, and that the increase during the last year has been 62. The whole number confined since the establishment of the Prison is 1,521, of which 567, or more than one-third of the whole, were from the county of Wayne. The jail of Detroit is the common receptacle of those that are convicted of petty offences, those that are charged with crime, as well as the more hardened criminal. Not unfrequently, seventy or eighty of all ages and conditions, and degrees of moral turpitude, are huddled together, and it is thus made the preparatory school for the State Prison. / Society is much better employed in preventing crime than in punishing it; and I respectfully suggest that the establishment of a penitentiary or work-house, in Detroit, where its inmates would find employment, and be preserved from contamination, would do much to prevent the rapid increase of the inmates of the State Prison, and save us the necessity of building a new one in a few years. The general depression in business has lessened to a considerable extent the earnings of the convicts; quite a number having been out of employ; but the price obtained for the labor of those contracted, has been considerably enhanced within the last four years, and the discipline of the Prison perceptibly improved. When the buildings are complete, with proper management and economy, I think it should cease to be a burden on the Treasury. Accompanying this message, in a separate document, is' a list of the pardons I have granted the past year, with the reason therefor annexed. As the number of prisoners increases, the application for Executive clemency becomes more frequent, and a considerable portion of the time of the Governor is now required in the investigation of these appeals for mercy. I have endeavored to give them all a patient and candid hearing, and although I have deemed it my duty to reject a large portion of the applications, yet, you will perceive that the number of pardons granted is much larger than in any former year. In most cases the pardon has been recommended by the Judge and the prosecuting officer who convicted them. In all cases I have required a certificate of good conduct in prison, and where any habits ï~~388 MESSAGES OF GOVERNORS OF MICHIGAN of intemperance had been acquired previous to conviction, I have made it a condition 'of the pardon that the recipient shall totally abstain from the use of intoxicating drinks. From information which has reached me, 1 IHave reason to believe that most of those in whose behalf I have interfered, are engaged in an earnest endeavor to prove themselves worthy of the clemency they have * received. The Legislature of 1855, made provision for the establishment of a House of Correction for Juvenile Offenders, and on the 2d of September, 1856, the buildings were in such a state of completion that it was opened and commenced its legitimate and appropriate business. The number received into the Institution since that period is 78; and the number remaining there at the date of the Report, on the 18th of November last, was 58. I invite you to visit this Institution, with a confident belief that any prejudices you may have imbibed against it, will disappear as you become familiar with its workings. Under its present management, it cannot fail to exert a beneficent influence as a school of reform. In addition to its educational training, the boys are now acquiring habits of industry, and becoming fitted for usefulness in the world, by learning a good trade. The reclamation of the unfortunate juveniles of our State, who are thrown upon the world with no restraint to prevent their acquiring habits of vice and crime, is an indication of the christian spirit of the age, and is worthy of our continued and zealous efforts. Seventy-six boys is the extent of the present capacity of the building-it will therefore hold but eighteen more. I cannot doubt that you will make provision for an additional wing. I am confident you will not fail to take deep interest in the Reports of the officers and trustees of the Asylums. That at Flint, for the deaf and dumb and blind, although the buildings are incomplete, has been in successful operation since 1854, and the whole number of pupils connected with it since its organization, is 128-of whomu 87 were deaf and dumb, and 41 blind, The whole number in attendance the last year is 111; and under the superintendence of the able, enthusiastic and devoted Mr. Fay and his assistants, they have made creditable progress in the attainment of that knowledge which is received under such peculiar disadvantages, and which in its teachings, requires the exercise of great patience and skill. Good progress has been made in the completion of the buildings, and the appropriations have been judiciously and properly expended. The State has suffered a severe loss in the destruction by fire, of the main building of the Asylum for the Insane at Kalamazoo, a particu ï~~KINSLEY S. BINGHAM 839 lar account of which will be found in the Report. The pecuniary loss, which is estimated at about $22,000, is considerable, but the delay and embarrassment in providing for that unfortunate class, whose appeals are addressed to the better feelings of humanity, are far more to be regretted. Under the circumstances the Board of Trustees have acted wisely in completing the wing; and as soon as appropriations are made to furnish the building, it will be ready for the reception of ninety patients. The Trustees and Building Commissioners of both of these Institutions, are deserving favorable mention for the strict economy they have practised in the expenditure of the public money, and fidelity and devotion to the public interests. My opinion of the urgent necessity of the completion of these buildings, has been freely expressed heretofore. The people of Michigan are not unmindful of their duty to these suffering and unfortunate classes, and will freely submit to additional taxation, if necessary, to make proper provision for their improvement and restoration to usefulness. The military spirit, which had been on the decline for several years, seems to have revived lately; and from the report of the Adjutant: General, it will be seen that there are thirty-three well organized independent companies of "well uniformed, well disciplined, well drilled, citizen soldiers," and that they ask a slight appropriation at your hands to defray incidental expenses. Standing armies in time of peace are not in consonance with republican institutions; but for their protection, safety and permanence, reliance must always be placed upon the gallantry and patriotism of the militia. I regard their ambition to excel, therefore, as commendable, and their appeal to you to sustain and sanction their efforts as just and reasonable. By the terms of the Act of the 14th of February, 1857, disposing of the grants of land made to the State of Michigan for railroad purposes, the several companies to whom the lands were granted were required to pay a specific tax of one per cent upon the cost of their roads, equipments and appurtenances; and the Legislature, after ten years, were authorized to levy an additional tax of two per cent upon their earnings. This, by several of the companies, was deemed to be unequal and oppressive, and they declined to accept the grant upon that condition. In the case of the lands granted to aid in the construction of the Detroit and Milwaukee railroad, and the Port Huron and Milwaukee railroad, the Board of Control were called upon to act, and made such disposition of the lands as in their judgment would secure their completion. Before any action was had in relation to the grant to the Detroit and Milwaukee railroad, the Directors of that company 'passed a resolution, which I have filed with the Secretary of State, giving their consent to the alteration of their charter, and the, imposition of a tax of ï~~$40 MESSAGES OF GOVERNORS OF MICHIGAN three-fourths of one per cent on the entire cost of their road, in lieu of all other taxes, provided for other roads benefited by land grants were placed upon a similar footing. I submit to you the propriety of passing such a law. The St. Mary's Ship Canal has now been in successful operation for four seasons, and no serious accident has befallen it. Our anticipations of the great advantages to be derived by opening an uninterrupted communication with the northern portion of our Peninsula, and furnishing facilities for convenient and ready transportation of its vast mineral wealth, are fully realized. The business of the canal has steadily increased each year, and during the season of navigation of 1858, 6,944 tons of copper, 31,035 tons of iron ore, 2,597 tons of iron in blooms and bars, and 9,320 passengers passed through it. The tolls collected were $10,848.80. I renew my recommendation that an appeal be made to Congress for an appropriation to preserve this great work from the hazard of destruction. The action of the frost in that high latitude upon its embankments, and the pressure of the waters of that great lake, subject to a rise of many feet, makes it necessary that every precaution should be used to prevent the calamity of its breaking away. A few thousand dollars timely and judiciously expended, would be likely to preserve an uninterrupted navigation for many years, and may save the expenditure of many thousands for repairs. The administration which has just expired has endeavored to inculcate the principle, and give efficacy to it by their practice, that economy in the administration of public affairs is an indispensable virtue; and, in bearing my testimony to the faithfulness with which the State Officers associated with me have discharged their duty, I only render them an act of simple justice. For a compensation altogether inadequate, they have brought to the public service talents of a high order, and have devoted all their energies to subserve the interests and promote the welfare of the State. Among the prominent measures which have passed the Legislature and received my sanction, within the last four years, and which will exert an important, and, I trust, beneficial influence upon the welfare and honor of the State, may be mentioned the General Railroad Law; the Act to establish the House of Correction; the acceptance and successful operation of the St. Mary's Canal; the energetic prosecution of the Asylums; the establishment of the Agricultural College; an Act to protect the personal liberty of the inhabitants of this State; the earnest remonstrance of the Legislature against the further extension of slavery; and the increase of slave States; the passage of the General Banking Law; the Act disposing of the grants of land for Railroad purposes; the Act providing for the sale of the Swamp Lands, and the organization of a separate Supreme Court. ï~~KINSLEY S. BINGHAM 341 In surrendering the high trust to which I have twice been called by the suffrages of the people, and which has already passed, by the harmonious and beautiful operation of our government, into the hands of another, himself the choice of the people, I shall retire with a consciousness of having endeavored to contribute something to promote the prosperity of our beloved State, and I trust I shall ever cherish a grateful recollection of the honors that have been conferred upon me-and it only remains for me to invoke upon your labors, and those of my successor, the favor of that overruling Providence whose hand directs alike the destiny of individuals and of nations. KINSLEY S. BINGHAM. ï~~ ï~~GOVERNOR MOSES WISNER ï~~. I ï~~IOF ï~~MOSES WISNER ï~~BIOGRAPHICAL SKETCH MOSES WISNER was born in Springport, New York, June 3, 1815. Agricultural labor and the frugality of his parents gave him a physical constitution of unusual strength and endurance. His early education was obtained in the common schools. About the' time of Michigan's admission to the Union he emigrated to this State and purchased a farm in Lapeer County. It was new land and he at once set himself at work to clear it and plant crops. He labored diligently at his task for two years, when he gave up the idea of being a farmer, removed to Pontiac, and commenced the study of law in the office of his brother, George W. Wisner, and Rufus Hosmer, a law firm in very successful practice. Early in the 40's he was admitted to the bar and established himself at the village of Lapeer. He was appointed by Governor William Woodbridge prosecuting attorney for that county, in which capacity he acquitted himself well and gave promise of that eminence he afterwards attained in the profession. He however remained at Lapeer but a short time, returning to Pontiac where he became a member of the firm and entered fully upon practice. In politics, he was, like his talented brother, a Whig of the Henry Clay stamp, but with a decided antislavery bias. His practice became extensive however and he took little part in politics until after the election of Franklin Pierce to the presidency in 1852. In the great struggle respecting the freedom of the territories acquired by the Mexican war he freely employed his voice and purse in opposition to the schemes of the Democratic party-North as well as South-to introduce slavery into these territories. As a lawyer Mr. Wisner was a man of great ability, but he relied less upon book-learning than upon his native good sense. Liberal and courteous, he was devoted to the interests of his client, and no fact escaped his attention or his memory which bore upon the case. He was no friend of trickery and artifice in the conduct of a case, but disregarding every thing merely formal and trivial he always met the real merits of the controversy with an intrepidity, a richness of illustration, and a power of argument that rendered him a most formidable opponent. As an advocate he had few equals. When fully aroused and warmed by his subject, his eloquence was at once graceful and powerful. His fancy supplied the most original and pointed illustrations, and his logic bore keenly against an adversary. To one unacquainted with him, his temperament appeared to be cold and unexcitable, even taciturn and indifferent, but when inspired by his theme his feelings were vivid and his imagination active. High, pale brow and jet black ï~~346 MESSAGES OF GOVERNORS OF MICHIGAN hair, strong and manly form, solemnity of mien, were characteristics. Nature had bestowed upon him rare qualities and his powers as a popular orator were of a high order. On the passage of the Kansas-Nebraska Act in 1854 repealing the Missouri Compromise and opening the territories to slavery, he was among the foremost in Michigan to denounce the scheme. He actively participated in organizing and. consolidating the elements opposed to it in this State, and was a member of the popular gathering at Jackson in July, 1854, which is believed to be the first formal Republican Convention held in the United States. At this meeting the name "Republican" was adopted as the designation of the new party, consisting of Antislavery Whigs, Liberty-men, Freesoil Democrats, and all others opposed to the extension of slavery and favorable to its expulsion from the territories and the District of Columbia. At this convention Mr. Wisner was urged to accept the nomination for Attorney General of the State, but declined; Hon. Jacob M. Howard, also a pioneer in the same cause, received the office. An entire state ticket was nominated, and at the annual election in November it was elected by a considerable majority. Mr. Wisner was enthusiastic in the cause and brought to its support all his personal influence and talents. In his political views Mr. Wisner was bold and radical. He saw clearly that the long struggle between the North and the South, between the free-labor and the slave-labor system, a struggle that had in many forms long disturbed the tranquility of the country, was now fast approaching a final crisis and probably a bloody close. He felt that one of the two must become extinct, and fully appreciating the magnitude of the issue, he did not shrink from any form in which it might present itself, nor hesitate to warn his countrymen to be prepared for the worst; he believed from the beginning that the political power of the slaveholders would have to be Overthrown before quiet could be secured to the country, and to effect this he was willing to resort to any means within the reach of the party to which he belonged. In the presidential canvass of 1856 he supported the Fremont, or Republican ticket. At the session of the Legislature of 1857 he was a candidate for United States Senator, and as such received strong support. In 1858 he was nominated for Governor of the State by the Republican Convention that met in Detroit, and at the subsequent November election was chosen by a large majority. Before the day of election he had addressed the people of almost every county in the State, and his.majority was even greater than that of his popular predecessor Kinsley S. Bingham. He served as Governor for two years, 1859-61. His first message to the Legislature was an able production and was received with unusual favor. It showed that he was awake to all the interests of the State ï~~MOSES WISNER 347 and set forth an enlightened state policy that had In view the rapid settlement of our uncultivated lands and the development of Michigan's immense agricultural and mineral resources. During his term was passed the general registration law of the State requiring every elector to enter his name on the proper book of the township or ward.' A system of roads extending into the unsettled parts of the State, to be constructed by means of the proceeds of the state swamp land was adopted and vigorously prosecuted. The St. Mary's Ship Canal, uniting the navigation of the lower lakes with that of Lake Superior and thus aiding to develop the rich copper and iron mines of the upper peninsula of Michigan, was saved from destruction and secured against accident from flood or frost. Many other measures of high public importance were adopted upon his recommendation. His term having expired January 1, 1861, he returned to his home in Pontiac and to the practice of his profession. The Civil War broke out. There were those in the State who counseled the sending of delegates to the "Peace Conference" at Washington. Mr. Wisner was opposed to this. His counsel was to send no delegates, but to prepare to fight. He spoke of Mr. Lincoln's first call for seventy-five thousand volunteers as timid, failing in comprehension of the realities of the crisis. After Congress had met and passed the necessary legislation, he resolved to take part in the war. He arranged his private business, and in the spring and summer of 1862 set to work to raise a regiment of infantry. His regiment-the 22d Michigan-was armed, equipped, and ready to march in September. It was made up of the substantial men of Oakland County, whose solid qualities were afterwards proved on many a battle field. Colonel Wisner's commission bore the date of September 8, 18(2. His regiment was sent to Kentucky and quartered at Camp Wallace. He had at the breaking out of the war turned his attention to military studies and had become proficient in the ordinary rules of drill and discipline. His treatment of his men was kind though his discipline was rigid. He was impatient of delay and chafed at being kept in Kentucky where there was so little prospect of getting at the enemy. But life in camp and his incessant labors, coupled with that impatience which was so natural and so general among the volunteers in the early part of the war, soon made their influences felt upon his health. He was seized with typhoid fever, and removed to a private house near Lexington. Every care which medical skill or the hand of friendship could bestow was rendered him. In the delirious wanderings of his mind he was disciplining his men, and urging them to be prepared for an encounter with the enemy, enlarging upon the justice of their cause, and the necessity of crushing the rebellion. But the source of his most poignant grief was the prospect of not being able to come to a hand-to ï~~248 MESSAGES OF GOVERNORS OF MICHIGAN hand engagement with the "chivalry." The malady baffled all medical treatment, and on the 5th of January, 1863, he died. His remains were removed to Michigan and interred in the cemetery at Pontiac. He left a wife (who was a daughter of General C. C. Hascall, of Flint) and four children. ï~~MESSAGES ï~~" ï~~1859 January 5, 1859 From Joint Documents of the State of Michigan, pp. 1-30 FELLOW CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES: The constitution of our State requires the Chief Magistrate, when he enters upon his duties, to give the Legislature "information by message of the condition of the State, and recommend such measures to them as he shall deem expedient." I enter upon this duty distrusting my own abilities, but with a firm reliance upon Providence, without whose aid nations, like individuals, must sooner or later fall. It is with feelings of pleasure, as well as pride, that I congratulate you, the Senators and Representatives of this great State. Your lot is cast in a land bountifully blessed by nature. The geographical limits of Michigan are greater than those of New York, while twelve hundred miles of navigable waters wash her shores. Her soil is fertile, producing in perfection and abundance all the fruits, and grains, and flowers, that are usually cultivated in this latitude. Within our State are extensive beds of coal and gypsum, and springs of saline waters, while five-sixths of the whole State is yet an unbroken wilderness, of the finest timber in the world. A great part of the northern portion of the State is one vast bed of mineral wealth, the copper and iron mines of that vast region surpassing all others in the world for extent and purity of metal. We have today within our limits over six hundred and fifty miles of railway in successful operation, and over eleven hundred miles more now being constructed. In your hands are placed the destinies of this great State. You should so legislate as to develop and make productive the great natural resources that the God of nature has so bountifully spread out before you. You have a duty to perform not only to yourselves and to your immediate constituents, but to the unborn millions that are destined to people this beautiful State, and I sincerely trust that in all your deliberations, you will be governed solely by a desire to promote the welfare and happiness of our common constituents, keeping constantly in view the greatest good to the greatest number, and that you will ever be ready to acknowledge your dependence upon Him who holds the destinies of nations in the hollow of His hand. The Indebtedness of the State, (exclusive of what is owing to the different Trust funds,) upon the 30th day of November, 1858, that be ï~~352 MESSAGES OF GOVERNORS OF MICHIGAN ing the end of the last fiscal year, amounted to the sum of two millions three hundred and thirty-seven thousand six hundred and twenty-nine dollars and sixty-seven cents. This debt falls due as follows: January, 1859......................................... $20,000.00 1860......................................... 40,000.00 1863......................................... 2,007,827.60 i - 1878......................................... 266,000.00 together with three thousand eight hundred and two dollars and seven cents of the Qld bonds of the State now due and which are liable to be presented at any time for payment. The amount the State owes the different Trust Funds is not pressing upon us like our other indebtedness. All these funds require is the payment of their interest annually, it being, in my opinion, better for these trusts to have their funds in the hands of our own State than in the hands of individuals or other States. We all have a direct interest in sacredly guarding these funds, and having them properly appropriated to their legitimate purposes. This fund principally arises from the sale of lands granted by the General Government to the State for educational purposes, being the University, Normal and Primary School Lands. The Constitution of the State provides that the proceeds from the sale of all lands that have been or hereafter may be granted by the United States to the State for educational purposes, and the proceeds of all lands or other property given by individuals or appropriated by the State for like purposes, shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gifts, grant or appropriation. As these lands are sold the money arising therefrom is paid into the treasury, and the State becomes a trustee for the faithful keeping of the same, and the appropriation of the interest and income arising therefrom, according to that clause of the Constitution hereby referred to. This trust is a sacred one, and should be kept inviolate. The interest and income arising therefrom should annually be appropriated towards the great object for which the grant was conferred. Should the money arising from the sale of these lands be allowed to ac; cumulate in our treasury, no interest or income would arise therefrom? r The true policy, in my opinion, is to appropriate the money arising from the sale of these lands towards the extinguishment of our State indebtedness, and the State paying annually a rate of interest for the use of such money. This has been the policy heretofore pursued, and ï~~MOSES WISNER 363 I recommend a continuance of the same. The other indebtedness of the State stands upon a far different basis. The indebtedness must be provided for, both principal and interest, as the same falls due. True policy required the Legislature, when it contracted this debt, in the early settlement of our State, to have made provisions for its payment; but they neglected to do so, and it does not now become us to look back and scan their acts, except to take warning from their. missteps, and guard our own conduct by the experience of those who have gone before us. We find this debt upon our hands, and it is our duty to make provision for it. The Constitution of the State provides as follows: The Legislature shall provide by law a sinking fund, of at least twenty thousand dollars a year, to commence in eighteen hundred and fiftytwo, with compound interest at the rate of six per cent., per annum, and an annual increase of at least five per cent. to be applied solely to the payment and extinguishment of the principal of the State debt, other than the amounts due to educational funds, and shall be continued until the extinguishment thereof. This Constitutional provision has never been complied with, and it is now too late, in my judgment, to create such a "sinking fund" as will enable us to pay off the entire indebtedness of the State as it falls due. The payment of that portion of the State indebtedness falling due during the present month, was provided for by the legislative enactment of January, 1858. The forty thousand dollars falling due in January, 1860, together with the interest, upon our entire indebtedness, ought to be by you provided for. This debt is not of our contracting. It has been handed down to us by former Legislatures. We are, however, both morally and legally bound to pay it, as much as if we had contracted it. It soon falls due, and unless we make provision for its payment at maturity, our proud State will be in the humiliating and dishonorable position of not being prepared to meet the just demands of her creditors. The State Prison, at Jackson, will demand a portion of your consideration. There is no subject that will come up before you that will require deeper thought or more patient deliberation than that of the criminal jurisprudence of our State. The punishment of crime has a threefold object to subserve-the reformation of the criminal, the example of punishment, with a view of deterring others from the commission of crime, and the safety of community. Vengeance, in an enlightened age, is not one of the objects to be accomplished by the punishment of crime. That system of jurisprudence that more nearly subserves the three great objects already mentioned, has ever been. found the best. In my opinion, ï~~354 MESSAGES OF GOVERNORS OF MICHIGAN certainty of punishment will do more to prevent the commission of crime than severity. Crime, in this State, is more severely punished than in the State of New York, with the exception of the death penalty, and yet with all this severity, we are fast outstripping New York in crime. No man of reflection can look at the great increase of crime in our State during the past two years without a shudder. There were confined in the State Prison at Jackson December 1, 1849.............................................. 110 1850.............................................. 131 1851.............................................. 176 1852.............................................. 209 1853.............................................205 1854.............................................. 246 1855.............................................. 304 1856.............................................. 349 1857.............................................. 411 1858.............................................. 473 This an increase far beyond the proportionate increase of our population. The utmost capacity of the State Prison, when fully completed according to its present plan, will be as follows: West wing............................................... 328 cells East wing............................................... 320 cells Solitary.................................................. 24 cells Female department....................................... 20 cells M aking in all...........'.................................. 692 cells Thirty-four of the convicts are now confined in the State Prison for life, and twenty-four of these are confined in solitary cello for wilful and deliberate murder. Let crime continue to increase in our State for the next three years, in the same ratio as in the past, and our prison at the end of that period will be full to its utmost capacity. In January, 1847, the Legislature appropriated thirty-two thousand dollars for the purpose of completing the east wing of the prison and constructing one hundred and sixty-four cells therein, and for making other improvements. In pursuance of this appropriation the building commissioner, having charge of it, has nearly completed one hundred and sixty cells and has made the improvements contemplated by the appropriation, for the particulars of which you are respectfully referred to the annual report of the officers of the prison for the years 1857 and 1858. Further ap ï~~MOSES WISNER 356 propriations are necessary to be made in order to complete the prison. Although one hundred and sixty cells have been built since January, 1857, yet the increase of convicts has kept pace with the building of cells. I recommend to your consideration such an appropriation as will enable the building commissioner to complete such portions of the prison as are needed for the safe keeping of the convicts as they may be brought there. For a detailed statement of the finances of the prison and the manner that institution has been conducted for the past year, you are respectfully referred to the Inspector's report and the accompanying documents, now on file in the proper department. Much complaint is being made among the mechanics of our State, (and particularly among the carriage and wagon makers,) as to the kind of labor in which the convicts are employed. Our mechanics claim that their labor is brought in competition with convict labor, the result of which is that they are compelled to sell the products of their industry far below remunerative prices. This is a subject worthy of your attention. There is no class of men more entitled to the fostering care of legislation than the mechanics of our State. Banish mechanical labor from our soil, and you strike a death blow at our prosperity. The constitution provides that "No mechanical trade shall hereafter be taught in the State Prison of this State, except the manufacture of those articles of which the chief supply for home consumption is imported from other States or countries". The spirit of this clause of our constitution would seem to prohibit the employment of convict labor upon such mechanical works, the chief supply of which is derived from our own State. The manifest object of this clause was to prevent convict labor coming in competition with free mechanical labor. It may be said that no convict in the State Prison is taught the carriage or wagon maker's trade, because no one convict is taught all the different branches of the business so as to be able to complete a carriage or wagon. This kind of reasoning would do away with the spirit and effect of the constitution. Carriage and wagon making business may be divided into a dozen different departments, and because a dozen different convicts are employed each upon a different department of the business, it cannot for that reason be said that the carriage and wagon maker's trade is not taught them any more than it can be said that carriages and wagons are not made by them. Indirect is just as wrong as direct violation of the constitution. In my opinion, it would be far better for the State to maintain her convicts in idleness, by a direct tax, than to employ them in violation of ï~~36 MESSAGES OF GOVERNORS OF MICHIGAN the Constitution, or at the expense of our mechanics. In one case, the burden of supporting them would fall equally upon all, and in the other, a single class of our citizens would be the sufferers. But there is no necessity of either employing the convicts in violation of the Constitution, or to the injury of our mechanics, or of supporting them in idleness. I therefore most respectfully ask you to eiquire into the alleged grievances on the part of the mechanics of our State, and, if they have just cause of complaint, to give them such aid as your wisdom may suggest and justice may require. The House of Correction is another institution intimately connected with the criminal jurisprudence of the State. This institution was founded by an Act of the Legislature approved in January, 1855, and has now been in operation for nearly two years, and, in my opinion, is a very great improvement, in a moral point of view, upon the old system of sending mere boys to the State Prison for the commission of crime. There are now confined in the House of Correction fifty-eight young lads, whose respective ages, when sentenced, varied from nine to sixteen years. They are now being educated and cared for in a manner suitable to their tender.years. Trades are being taught them, and when they shall be set at liberty, they will be prepared to enter upon the duties of life with a good education, and free from that stain that ever attaches to one who has been the inmate of a State Prison. This institution needs your fostering care, and whatever appropriations are necessary, with a view to its completion, and to enable it to be successfully conducted, I doubt not will meet with favor at your hands. Were it not for this institution, these fifty-eight young lads, its inmates, would be confined in your State Prison, the companions of the hardened criminal, and subject to all the contaminating influences of such associates. No man can visit this House of Correction, and watch the workings of the system there adopted to educate these boys and reclaim them from the paths of vice, without a feeling of gratitude to the authors and founders of such an institution. The main building and north wing are now completed. I believe the true policy of the State requires its enlargement. I therefore recommend such an appropriation as will be sufficient, within the next two years, to erect and complete the south wing. The Constitution of our State provides that "institutions for the benefit of those inhabitants who are deaf, dumb, blind or insane, shall always be fostered and supported." This is a wise and charitable provision of the organic law. The framers of that instrument seemed unwilling to leave the care and welfare of these unfortunate inhabitants to voluntary legislation. They have, therefore, required you, before you entered upon your duties, to take a solemn oath that you would foster and support institutions for the benefit of those who are deaf, dumb, ï~~MOSES WISNER 357 blind or insane. Actuated by a wise and humane spirit, the Legislature, at its annual session for the year 1853, made an appropriation in money of three thousand dollars towards the building of an Asylum at the village (now city) of Flint, for the deaf, dumb, and blind, and a like appropriation of twenty thousand dollars towards the building of an Asylum, at Kalamazoo, for the insane. Subsequent appropriations have also been made by the Legislature for the same purpose. There is connected with the Asylum at Flint, and belonging to the State, ninety-two and 87-100 acres of land; and with the Asylum at Kalamazoo, one hundred and sixty-seven acres. The entire expenditures upon these Asylums, (exclusive of what has been paid for the land,) together with the different years in which the expenditures were made, are as follows: 1850. For both institutions, but used at Flint..............$5,000.00 1853-4. At Kalamazoo.. $20,000.00 "............. 3,000.00 1855=6. At Kalamazoo.. 67,000.00 "........ 33,000.00 1857-8. At Kalamazoo.. 50,000.00 "........ 75,000.00 $137,000.00 $116,000.00 A portion of the Asylum at Flint has been completed, and has for some time past been in use. The walls and roof of the main building have been erected, but it will require a further appropriation of one hundred and fifteen thousand dollars to fully complete and furnish the whole edifice, and carry on the Institution for the next two years. The south wing of the Asylum at Kalamazoo is nearly completed, and after the same shall have been furnished, will be ready for the reception of the unfortunate insane of our State. This wing is of sufficient capacity to accommodate ninety patients. The main building, that was designed to divide the two wings, was unfortunately burned in the month of February, 1858, and until this main part is rebuilt, it is feared the prosperity of the Institution will be in a great measure retarded. It would require an appropriation of thirty thousand dollars to rebuild that portion burned in February, 1858, and eight thousand five hundred dollars to furnish the wing already nearly completed, so as to enable the Institution to go into successful operation. These two great works of humanity and charity, when fully completed, will be the pride and boast of our State. It is estimated that there are within the limits of Michigan not less than three hundred deaf, dumb and blind persons, between the ages of ten and twenty years, qualified by mental capacity to become pupils in the Asylum at Flint. Over one-half of these are deaf mutes, and the balance are blind. These unfortunate brothers and sisters of ours are, by the hand of God, for some wise purpose, forever shut out from the "sights and sounds ï~~358 8 MESSAGES OF GOVERNORS OF MICHIGAN of nature." The experience of the past teaches us that they are equally capable with us of mental improvement, and while our State is yearly lavishing her thousands towards the education and improvement of her more fortunate children, it does not well become her to withhold appropriations from the only Institution that can educate and improve these unfortunate beings. The biennial report of the Trustees of the Asylum, made to the Legislature in December, 1856, shows that there were at that time within the State of Michigan, not less than six hundred insane persons; and that three hundred and fifty of these were fairly subjects for immediate medical treatment, with a view of effecting a cure. These unfortunate beings are scattered about our State-some in jails, some in poor-houses, some wandering about our streets producing fear and consternation wherever they go, while a still greater portion are confined at their once happy homes, making their friends and relatives most miserable, without in the least adding to their own enjoyment. There is no sight so melancholy as that of the "human form deprived of reason." Humanity, philanthropy and Christian charity, alike call upon you for legislative aid in behalf of these most unfortunate of our citizens. It is a subject that addresses itself to you individually with peculiar force, for you know not how soon you, your wife or your child, may be dethroned of reason. It is estimated by those who have made insanity their study, that at least three-fourths of the insane if taken in season, and properly treated, can be effectually cured. It is claimed by some that the Asylum at Kalamazoo is being built upon too extravagant a plan. I do not think so. It is expensive, as all buildings of the kind must necessarily be, but not extravagant. You should bear in mind that the great object of this Institution is to cure the insane. If confinement were the sole object, a cheap building, provided it had the proper strength, would answer the purpose. The experience of the world teaches us that an insane person is rarely, if ever, cured in a dungeon or a jail. In an Asylum of this character, strength, cheerfulness, and beauty of structure, should be combined-strength to confine, cheerfulness and beauty to aid in drawing the flickering intellect back to reason. For a detailed statement of the financial affairs of these two Asylums, and the amount of appropriations necessary to complete and carry them on, you are respectfully referred to the reports of the several boards of trustees having charge of them. The building of these Asylums ought not to stop or be delayed but should go on to completion as fast as the financial resources of the State will admit. I, therefore, recommend to you to make such appropriation as will tend to the completion of these institutions at the earliest practicable moment. The subject of education is one intimately connected with the happi ï~~MOSES WISNER 359 ness and prosperity of our people. From the landing of the "Mayflower," upon the rugged shores of New England, down to the present time, this subject has been uppermost in the minds of the American people. Acting upon the principle that the intelligent and educated can never be enslaved, our New England brothers fostered and encouraged colleges, seminaries and common schools, until the means of education have become with them almost as free as the air upon their mountain sides. Governed by the same wise policy, the framers of the Ordinance of 1787, in one of its articles which they made irrepealable, declared that "Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged." To the framers of this instrument, Michigan is, in a great measure, indebted for that system of public schools, colleges, and seminaries of learning that has placed her in the first rank among the States of this confederacy. We have our University at Ann Arbor, that yearly sends forth to the world scores of highly educated young men, while the Normal School, at Ypsilanti, perfects the mind and reduces to a system, the teaching faculties of those whose duty it becomes to take charge of our primary schools. It is to these primary schools that we must ever look for the stability of our free institutions. It is here that our children all meet upon a common level. The children of the rich and the poor, the high and the low, are here taught alike. Our primary school system should, however, be so perfected that no man within our State could be able to claim that poverty deprives him from educating his children. Our primary schools should be made free. The State should make ample provisions for carrying into effect that clause in her Constitution, declaratory that "a system of primary schools shall be established without charge for tuition." During the past year there were taught within our State one hundred and seventy-three thousand five hundred and fifty-nine children, between the ages of four and eighteen years, at an expense of four hundred and forty-three thousand one hundred and thirteen dollars and seventy-one cents for teachers' wages alone. In regard to the amendments necessary to be made in our school laws, with a view of perfecting our common school system so as to meet the Constitutional requirement above mentioned, you are respectfully referred to the annual report of the Superintendent of Public Instruction.. There is one subject, however, connected with our system of public instruction that I cannot pass by in silence. It is the great inequality of the workings of this system as applied to the females of our State. We allow them to attend our primary schools, and our normal school; ï~~360 MESSAGES OF GOVERNORS OF MICHIGAN this, practically, is the extent. Although the portals of our University, at Ann Arbor, are not by law closed against them, yet no female has ever been admitted, as a pupil, within its walls. Practically, they are excluded, and it makes but little difference whether this exclusion arises from legislative enactment or from the construction of society, the effect in either case is the same. We think it necessary to bestow upon our brothers and our sons a high order of instruction, while our sisters and our daughters must be content with such an one as can be obtained from a primary school. This is all wrong. Our educational fund is the common property of both sexes, and both shall share alike in its enjoyment. The State has a deep interest in the intellectual improvement of her daughters. The mother moulds the mind of her child and shapes its destinies by the teachings bestowed upon its youthful intellect. How important, then, for the welfare of our State, that our daughters should be prepared by education to perform well their part upon the stage of life. They are, intellectually, our equals. There was a time when the world looked upon them as "man's inferior," but that day has long since passed. It is your duty to give to them the same means of obtaining a high order of education that you have already bestowed upon the sterner sex, and this boon should be presented in the most acceptable form. I therefore recommend that you take such steps as your wisdom may dictate, toward the establishment of a separate Female Department of learning at Ann Arbor, connected with and under the control of the University, wherein the daughters of our citizens may be educated in all the higher branches of learning. In order to more effectually accomplish this great object, it may become necessary to erect a new edifice, disconnected from any of the present University buildings. The "Agricultural College" is another institution of learning that deeply interests the people of Michigan. Four-fifths of the inhabitants of the State are engaged in agricultural pursuits, and whatever tends to enlighten them upon the great subject of the cultivation of the soil should receive encouragement at your hands. Actuated by a noble spirit, and having the true interest of the people at heart, the framers of our Constitution provided that "the Legislature shall encourage the promotion of intellectual, scientific, and agricultural improvement, and shall, as soon as practicable, provide for the establishment of an Agricultural School." In pursuance of this requirement, the Legislature, at its annual session of 1855, took the necessary steps to carry into effect the will and wishes of the people, as expressed in the organic law of the State. A tract of land embracing six hundred and seventy-six acres and fifty-seven one-hundredths of an acre was purchased and suitable build ï~~MOSES WISNER 361 ings were erected thereon, preparatory to the opening of the institution for the reception of students. The founding of this College was an experiment in the agricultural history of our country. Although the people of this great nation are more deeply interested in agriculture than in all other pursuits combined, yet no State in the Union had, prior to the month of January, 1855, ventured upon the experiment of founding an "Agricultural College," and to Michigan belongs the high honor of inaugurating that policy that has since been imitated by some of the proudest States in the Confederacy. This institution of learning is under the control and management of the Board of Education, and was, on the 13th day of May, 1857, formally opened; at which time students from different parts of the State applied for admission and were received into the institution. At the next regular term after its opening, one hundred students were admitted. This is more than can be conveniently accommodated, without an enlargement of the buildings connected with the College. Much has been said and written against this College; yet, I believe, among the great mass of our people, it is the most popular institution of learning within our State, and should be fostered and encouraged by you. It is no longer a doubtful experiment, but is successfully conducted beyond the most sanguine expectations of its founders. I recommend that steps be taken by you toward the enlargement of the capacities of this institution, so as to accommodate at least two hundred students. For a detailed statement of the financial situation of this College, and the management thereof, and the amount necessary to be appropriated thereon for the ensuing two years, you are respectfully referred to the report of the Board of Education, now on file in the proper department. The State you represent, from its geographical position and natural advantages, must ever hold a conspicuous place in our Union. We are upon the dividing line that separates the east from the west. We occupy the great highway over which pass, yearly, tens of thousands of hardy emigrants in pursuit of homes. These emigrants take with them more or less wealth. At all events, they take with them the very source whence all real wealth must ever spring-strong arms and willing minds. With them, labor is honorable, and wherever they make their homes, whether in the forest, upon the plain or the mountain side, prosperity and happiness follow in their footsteps. For twenty years this tide of emigration has been steadily going past us, with scarcely an effort on our part to stay it in its onward march. Five-sixths of our entire State is, today, a wilderness, and as inviting to the emigrant as the more distant prairies of the west. Whole counties, in the more northern portion of the State, have scarcely a. white settler within them, and unless some means are adopted to develop and make known the great agricultural resources of the unsettled portion of that re ï~~362 MESSAGES OF GOVERNORS OF MICHIGAN gion, it will for a long time remain a wilderness. We want more people. Of what use to us are our vast woodlands, without the laborer to clear and cultivate them? Or of what consequence are mines of copper, iron and coal, hid in the bowels of the earth, with no hand to develop and make them productive? The advantages of settlement within our State should be made known to the emigrant. He should be made acquainted with the extent of navigable waters surrounding us and within our limits-with the fisheries upon our shores-with our vast forests of pine and other timber-with the mines of iron, copper, and coal-with our beds of gypsum, and springs of saline-with the salubrity of our climate, and productiveness of our soil. A knowledge of all the great agricultural resources of our State should be brought home to him, that he may thereby be induced to settle among us, and aid in making productive the great natural resources of one of the finest States in this Union. I recommend to your consideration the policy of appointing an "Emigrant Agent," clothed with such powers as to you may seem meet, whose duty it shall be to induce emigration to our soil. Our State is yet in her infancy. She has, however, been settled by a self-reliant and energetic class of people, who now number not far from eight hundred thousand, with an aggregate valuation of one hundred and thirty-seven millions six hundred and sixty-three thousand dollars of property. The great mass of this wealth has been dug from the soil by the strong arms of your citizens. They have a right to expect you to pursue such a course of policy as will most tend to develop and make known to them the extent of the natural resources of the State. The appointment of a "State Geologist" would do much towards bringing about so desirable a result. As yet we know but little of the vast mineral wealth that lies beneath our soil. Science alone can unveil the "hidden mysteries of the earth." The Legislature, at its annual session for the year 1837, passed a law authorizing the appointment of a competent person, whose duty it was to make an accurate and complete geological survey of the State, and furnish a "full and scientific description of its rocks, soils and minerals, and of its botanical and geological productions." An ample appropriation was also made for the purpose of carrying into effect this enactment, and one of the most enlightened and scientific men in our country received the appointment of "State Geologist," and entered upon his duties; but before he consummated his great work, he was cut off by the hand of death, while in the performance of his official duties. After the death of the lamented Dr. Houghton, the Legislature at its annual session for the year 1846, passed a law authorizing the Governor to appoint some suitable person to collect and arrange the geological notes, memoranda, specimens, maps, &c., of Dr. Houghton, with a view of preparing a final ï~~MOSES WISNER 363 report upon the geology of Michigan. No action was ever had under this last mentioned law. I recommend that some steps be taken by you with a view of making a full and complete geological survey of the State. A great portion of the labor is already completed. The annual reports made to the Legislature by Dr. Houghton, during the time he acted as State Geologist, will aid very much in the consummation of such a work. The expense attending it will be a mere trifle in comparison to the great advantages yearly to be derived from a thorough knowledge of the geology of the State. The purity of the elective franchise is another subject well worthy of your consideration. The theory of our government is that the majority shall rule, and when this theory is fairly and legitimately put to practice, no man has just cause of complaint. The Constitution of our State fixes the qualifications of the elector, and declares that no citizen or inhabitant shall be entitled to vote at any election unless he shall be above the age of twenty-one years, and has resided in this State three months and in the township or ward, in which he offers to vote, ten days next preceding such election. Whoever casts his vote in violation of this constitutional provision, strikes a blow at the rights of all. Our revolutionary fathers did not hesitate to wage war with Great Britain that we might govern ourselves and elect our own rulers. This great right of self-government and of electing our rulers by a majority of legal votes, is a right that should be sacredly guarded. Whoever seeks to carry on election by illegal votes, is an enemy to your liberties, and yet illegal votes are polled at every election. The Constitution provides that laws may be passed to preserve the purity of elections, and guard against the abuses of the elective franchise. Every good citizen has an interest in preserving the purity of the ballot box, no matter to what party he may belong. Our laws upon this subject are not, in my opinion, sufficiently guarded. I ask you to enact a law requiring every voter, as a condition to his right of voting, to cause his name to be registered at least ten days before an election, in a record to be kept for that purpose by some proper officer, under such rules and regulations as your good sense may dictate. I believe that such a law is demanded by a large majority of the people of the State, and would do much towards preventing illegal voting. Congress, by an act, approved on the 3d day of June, 1856, granted to the State of Michigan, to aid in the construction of certain railroads in the aggregate not far from two millions two hundred thousand acres of land. The act making this cession expressly declares, "that the lands hereby granted shall be exclusively applied in the construction of that road, for and on account of which such lands are hereby granted, and shall be disposed of only as the road progresses, and the same shall be applied to no other purpose whatever." ï~~364 MESSAGES OF GOVERNORS OF MICHIGAN The State, by an act of her Legislature, approved upon the 14th day of February, 1857, accepted of this grant with the restrictions and upon the terms and conditions contained in the act of Congress. The roads in aid of which this grant was made, have all been located and surveyed, (excepting in the Upper Peninsula,) and have an aggregate length of over eleven hundred and fifty miles. The building of them is of vital importance to us. They are chiefly located through the unsettled portion of the State, and no one can estimate the great advantages to be derived from their construction. At least thirty millions of dollars will have to be expended to fully complete and equip them for business, and a majority of this vast amount of capital must be brought here from foreign parts and distributed among our mechanics and laboring men, thereby adding to the individual wealth of our citizens and to the wealth of our State. True policy requires that you should be liberal with these roadsfoster and encourage them-and in so doing you will promote the prosperity of the State. You should claim nothing-from them on the strength of the grant made by Congress. The State bears to them the same relation that the guardian bears to his ward, and faithfully in all things should she perform the duties of that guardianship. It is claimed that the Act of February, 1857, places upon these roads a tax too burdensome to be borne, and one disproportioned to the tax paid by the roads now in operation. These new roads, (to be built, as they must be, through an entire wilderness,) ought not be taxed too high-at all events no higher than the roads already constructed through the settled portion of our State. I respectfully call your attention to the different Acts of legislation upon this subject, and recommend that they be so amended that the burden of taxation will be equally borne by all these different roads in proportion to their several capacities. The subject of the "Swamp Land Grant" is one of no ordinary interest to the people of this State. Congress by an Act approved on the 28th day of September, 1850, granted to the State of Michigan the Swamp Lands within her limits, to enable her "to construct the necessary.levees and drains to reclaim the same." This Act of cession expressly provides that "the proceeds of said lands, whether from sale or direct appropria tion in kind, shall be applied exclusively, as far as necessary, to the purpose of reclaiming said lands by means of the levees and drains aforesaid." By virtue of this grant, and the acceptance thereof, the title to these lands, amounting to nearly six millions of acres, has become vested in the State, to be by her "exclusively appropriated, so far as necessary," to the reclaiming thereof. The State was under no obligation to accept of this grant. She might have said to Congress, the terms you impose, by the "proviso" of your Act of cession, are too severe. She however saw fit, by an act of her Legislature, approved on the 28th day,.of June, ï~~MOSES WISNER 365 1851, to accept of this grant according to the "proviso" contained therein. And she expressly declares, in this Act of acceptance, "that all the money received from the sale of said lands shall be and remain a fund for the purpose of reclaiming said lands, in conformity to the provisions of the grant." Thus did the State take upon herself the duties and obligations imposed upon her by the "proviso" of this Act of cession, and she is now bound by every principle of honor, as well as law, to apply the proceeds arising from the sale of these lands, so far as is necessary "towards the reclaiming of them." They are principally located in the unsettled portion of the State, and when reclaimed will be the most valuable for agricultural purposes of any lands we have, but until reclaimed, they disfigure the country, retard its settlement, and are the source of fatal diseases. It is impracticable, in my opinion, for the State to enter upon a system of drainage, with a view of reclaiming these lands, to the extent that an individual would reclaim his farm; but there are many large swamps embraced in this grant, where an appropriation for drainage of a portion of these lands, or of the fund. arising from the sale thereof, could be made to advantage. In such cases, I think it is your duty to make the appropriation, so far as is necessary to cairy out the spirit of the grant. The early settlement of these lands is of more importance to the State than selling them, at a distant day, for ten or even twenty shillings per acre. As you increase your population, you increase the wealth of the State, and the 'weight of taxation is thereby more easily borne, because there are more people to share its burdens. These swamp lands, when reclaimed according to the intent of the respective acts of cession and acceptance thereof, will be capable of supporting a population one-third as large as the present population of the State. While they remain unsold, the State derives no benefit from them. In my opinion, it is far better to give these lands, in small quantities, to the actual settler, subject on his part to drainage than to keep them ten,' or even five years, unreclaimed-the source of disease and death. By disposing of them in small pieces of forty acres to each actual settler, subject to drainage, you would thereby be appropriating the land in kind toward the great object of the grant, and at the same time you would add more to the wealth and prosperity of the State, than if you sold them to the speculator at the price fixed by the present law. There are hundreds of hardy, industrious men, scattered through our own and our sister States, and still more from foreign parts, daily seeking our shores, who would gladly embrace the opportunity of settling upon these lands, if thereby they could secure a permanent home for themselves and their children. Such a course of policy would soon people portions of our State that otherwise must remain for years a wilderness. I recommend that you amend the present "Swamp Land Act," so as ï~~366 MESSAGES OF GOVERNORS OF MICHIGAN to give to the actual bona fide settler, forty acres of this land, to be by him selected, and that he take it, waiving all claim of drainage from the State. I would so frame the law as to make his actual occupancy of the land, for a period of five years, a condition precedent to the passing of the title, and make the land subject to taxation from the time that he enters into the possession thereof. I would allow any one to become the purchaser of any portion of these lands, (except as against the rights of the actual settler,) at the price now fixed, by law; but the money received from the sale thereof, ought to be and remain a fund for the purpose of reclaiming said lands in conformity to the provisions of the grant. It is the undoubted right of the Legislature to determine how much of this fund is necessary to be used in reclaiming these lands, and at present it may be impracticable to so determine; but, until this determination be made, I recommend that the money arising from their sale go into the general fund, to be used by the State for all legitimate purposes, until she can better determine when, where, and how much of the same ought to be used towards the reclaiming of these lands, according to the spirit, true intent and meaning of the grant, and of the act of acceptance thereof) I respectfully call your attention to the salaries paid your Circuit Judges. This salaty is fixed by the Constitution at fifteen hundred dollars each per annum. The traveling expenses of these Judges, in visiting their respective circuits, are very great, varying from three to five hundred dollars each year, which, when deducted from their salaries, leaves a sum barely sufficient for the support of their respective families. This compensation is entirely inadequate to the services rendered. There is no State in the Union that can boast of abler or better men than are the Judges of Michigan. Their entire time is occupied in the performance of their most arduous duties, and certainly they ought to receive such compensation for their services as will, at least, enable them to live respectably. You cannot increase their salary. That is fixed by the Constitution, but it is, in my opinion, entirely competent for you to make provision for the payment of their traveling expenses while in the performance of their official duties, and I believe an act of that character would meet with the approval of a very large portion of our citizens. I, therefore, recommend that you pass a law making provision for the payment of the ordinary traveling expenses of our Circuit Judges while in the performance of their official duties. Much complaint is being made as to the present compensation received by the several Judges of Probate in the State. It is claimed that the fees for official duties performed by them are too high amounting, in several of the older counties, to an aggregate sum much beyond the salaries received by the several Judges of the Supreme Court. These fees have to bhaid by the widow and the orphan in the settlement of estates, and at a time when they are illy prepared to make the payment. ï~~MOSES WISNER 367 I would recommend that you take into consideration the propriety of making this office a salaried one, the amount thereof to be fixed by the Board of Supervisors of the respective counties, and to become a county charge. By so doing you would make the expenses of that office fall equally upon all and the amount being paid annually would scarcely be felt. We are all equally interested in having this compensation properly fixed and paid annually for the estates of all must sooner or later be administrated upon, and under such a system, small estates would not be entirely swallowed up in the expense of administration. Should you see fit to pass such a law, I would recommend that it go into operation from and after the first day of Jan., 1861. The present Judges of Probate hold their offices until that period, and you ought not to pass a law the effect of which may be to lessen the compensation that by law they were entitled to receive at the time of their election. Our whole military system needs revising. It is against the policy of our government to tolerate a large standing army. In times of war we must rely upon the patriotism of the "citizen soldiery." This reliance has thus far been found sufficient in every emergency. Our State is bounded by a foreign power to an extent of over five hundred miles; in case of war with Great Britain, this whole frontier would be exposed to the inroads of a foreign foe. I trust the time will be far distant when Great Britain and these United States will be engaged in hostile strife. But prudence requires that we should at least have our military system so perfected that we could readily prepare ourselves to repel invasion. The most effectual way of doing this, in my opinion, is to extend proper encouragement to the formation of independent companies; and for this purpose I recommend that you take such action as will most tend to their encouragement. The Legislature, at its special session in January last, passed a law authorizing the Board of State Auditors to procure plans, drawings and estimates, for a "State Capitol," to be submitted to you at your present session. In pursuance of this legislative enactment, I am advised that the Board of State Auditors are prepared to report to you their doings under the Act above referred to. Your State Capitol was built for a temporary purpose and at a time when it was impracticable to build any other. We had at that time a population of three hundred and four thousand three hundred and ten, with a taxable valuation of property of only twenty-seven millions six hundred and two thousand and forty dollars. We have now a population of not far from eight hundred thousand, with a taxable valuation of property. of one hundred and thirty-seven millions six hundred and sixtythree thousand dollars. What was sufficient for the wants and necessities of the State at that time, no longer answers the purpose The different officers of your State government no longer have sufficient room in which ï~~368 MESSAGES OF GOVERNORS OF MICHIGAN to perform their duties. The archives of the State are unsafe-the very building in which they are kept is in danger of falling. You have no proper and suitable place at Lansing for holding the Supreme Court. It is believed that the increase of business in the State Treasurer's department alone, in consequence of the General Banking Law going into operation, will require very great additional room. The Library of the State should yearly be increased, but the room used for Library has not sufficient capacity. In order to build a capitol suitable to the wants of the State, and of sufficient capacity to accommodate all the different departments of the government, several years must necessarily be expended in its construction. The economy requires that we should commence the work of building in season, and not wait until either from dilapidation, or want of room, we can no longer occupy our present public buildings. Five years at least will be required to build to advantage. I recommend that you make some provision towards the purchasing of materials preparatory to the building of a capitol. The duties required by law to be performed by the Superintendent of Public Instruction are too onerous for that officer without assistance. By the constitution, he has the general supervision of public instruction, and the duties incumbent upon him to perform at the time this office was created were comparatively light. Since that time they have been increased by legislation to a very great extent. I submit to you the propriety of allowing him the appointment of a Deputy, with a reasonable compensation to be paid by the State for his services. There has been laid before me a statement signed by the county officers of Gratiot County, in substance and to the effect that a very great proportion of the inhabitants of that and the adjoining county of Isabella, are in a destitute condition, and that unless they get some legislative aid their sufferings before the next harvest must be very great. The population of Gratiot is not far from five thousand, and the most of them have gone there within the past three years. The county is very heavily timbered, and has a rich, moist soil, and as yet the inhabitants have not been able to raise sufficient produce for their own consumption. The past season has been very unfavorable for the putting in of crops. Owing to the great amount of rain that fell in the forepart of the season, the settlers were prevented from planting their crops until "seed time" had passed, and such as were raised were nearly destroyed by the squirrels, that, for the past season, have infested that portion of the country in innumerable numbers. All these misfortunes combined have compelled the people of that portion of our State, much against their will, to seek temporary relief at your hands. They are as industrious and respectable a class of people as we have, and without some aid from you their sufferings must soon be great. ï~~MOSES WISNER 369 It is your duty to watch over the welfare of your people with parental care, and while the great mass of our citizens are blessed with an abundance of the products of the earth, it would be a burning shame to allow the hardy pioneers of Gratiot and Isabella to suffer for the want of food. I ask you to enquire into the true state of the case as respects the situation of the people of those counties, and grant to them such aid as their necessities may require. The Legislature of 1857, by Act No. 77, made provision for the establishing of a State Road through Gratiot, Midland and Isabella counties, and perhaps an appropriation upon this road, towards the opening and improvement thereof, would give to the inhabitants of that portion of the State all the relief they might need. Such an appropriation, if properly expended, would give employment to those who might be destitute, and at the same time benefit the country; and relief in that form would be less wounding to their feelings than a direct appropriation. That portion of the Constitution that makes the sessions of the Legislature biennial, should be amended. A new State requires more legislation than an old one. There is no economy in hasty legislation. It is impossible for the Legislature, in forty days, biennially, to do the ordinary business that comes before it. An annual session of sixty days, would, in my opinion, be far better for the State than our present biennial system. I would have the members of the Legislature elected as they now are, for two years, but would require them to meet annually, and limit their sessions to sixty days each. I recommend to you the most rigid economy in all your expenditures and appropriations, but you should bear in mind that parsimony is never economy, and that you can be liberal without being prodigal. Your public buildings should be commensurate with the wants and dignity of the State, and whatever appropriations you see fit to make, ample provision should be made to meet the same. The Auditor General in his annual report for the year 1858, and now on file, has made an estimate of the revenue and expenses of the State, to which you are respectfully referred for the items and details. From this estimate, making all due allowances for contingencies and casualties, it is safe to calculate that the revenue of the State, for the next two years, will be amply sufficient to meet her liabilities during that period of time, including the interest upon our entire State debt, and the payment of the forty thousand dollars of principal, that falls due in January, 1860. This will leave such appropriations as you may make upon our public works for the next two years to be provided for by direct taxation. The sums necessary to be appropriated upon the public works already commenced, including an appropriation of fifty thousand dollars towards the building of a "State Capitol," would require a rate of taxation of one mill and a quarter upon the. dollar of the valuation of the ï~~370 MESSAGES OF GOVERNORS OF MICHIGAN property of the State. This rate of taxation, however high it may appear, is far below the former rates of taxation levied upon the property of our State, although it is much higher than that of the past year. It is, undoubtedly, your duty to make the burden of taxation fall lightly upon the people; yet there is a higher duty for you to perform-that of looking well to the true interests of the State, even at the expense of a high rate of taxation', and I trust that the self-reliant, and energetic constituency you represent will never find fault with a reasonable amount of taxation, when the money is to be expended for the good of the State. That the people, hereafter, may the more readily determine the precise amount that they may be called upon to contribute towards the support of the State government, I recommend an amendment of the present tax law. As that law now stands, the State, county and town taxes are all blended together and put into the same column in the tax roll. I recommend that the State tax, hereafter, be separated from the other taxes and put into a column upon the tax roll by itself. In order for you to complete the business of legislation within the time fixed by the Constitution, you will have to be energetic in the performance of your duty, and all the assistance I can render you, will be most cheerfully awarded. All your deliberations should be prompted solely by a desire to promote the welfare and prosperity of the whole people you represent. They have a right to expect that your energies will be exclusively devoted to their good, and that party strife will find no place in your counsels, and above all, you should bear in mind that the State you represent is the equal of the proudest in this great confederacy of States. MOSES WISNER. January 27, 1859 From Documents accompanying the Journal of the Senate, Document No. 9, p. 1. FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES: Accompanying this message you will find a report of the "Board of. Control of the Saint Mary's Falls Ship Canal," made in pursuance of certain resolutions passed by the Senate on the 15th day of January instant. The importance of this work, in a commercial point of view, has induced me to lay before you, in the form of a special message, my views as to the best manner of making an appropriation for its preservation and improvement. This Canal was constructed in 1853 and 1854, by an appropriation of ï~~MOSES WISNER 371 land made by the General Government. Prior to that time, the business of Lake Superior had been carried on by means of the portage around the Falls of Saint Mary's. The expense of carriage around these Falls was very great, averaging not, far from fifty cents per ton, the effect of which was to greatly retard the settlement and prosperity of the Upper Peninsula. The building of this Canal gave new energy to capitalists. Since that period of time, the population of the Upper Peninsula has increased from a few hundred to not far from thirty thousand, most of whom are engaged in mining, and over twelve millions of dollars have already been invested in that business alone. There is already a. population upon the Canada side of the Lake of not far from five thousand. The mineral wealth of the region bordering upon Lake Superior, must find an outlet through this Canal. There is no prospect of obtaining any further assistance from the General Government. Should any accident occur, by which the Canal would be closed, the business of Lake Superior would become stagnant, and the loss to the capitalists who have invested their money in that region, would, in two seasons alone, amount to more than a sum sufficiently large to put this great work beyond all risk of accident. During the season of 1855, only four thousand six hundred and fortythree tons of copper and iron passed through this Canal, the produce of our mines. While, in the past season, forty thousand five hundred and seventy-six tons passed through it. Here is a ten-fold increase of business, in the past four years, in the single articles of copper and iron. The fisheries of Lake Superior are sufficient to employ thousands of men to advantage throughout the entire season. Our Canadian neighbors are turning their attention towards the development of the mineral wealth upon the Northern shores of the Lake. The day is not far distant when the commerce passing through this canal will yearly equal what now passes through the Detroit River. From the estimate of Mr. Burt, (a copy of which accompanies this message,) it will require the sum of thirty-four thousand dollars to build the walls necessary to protect that portion of the canal for the distance of a thousand feet immediately above the upper lock, and the further sum of thirty-nine thousand six hundred dollars to build the necessary guard locks, and the further sum of twentythousand one hundred and twenty dollars to build the open piers at the head of the canal, and- the further sum of fifteen hundred dollars to remove the crib of timber and stone sunken at the entrance of the lower lock of the canal. Appropriations for the two first items- of expenditures are absolutely necessary for the safety and preservation of the work, while the two last, although not absolutely necessary for the safety of the canal, yet such an appropriation would lessen the danger of entrance into it from either way. I recommend an appropriation sufficiently largeto enable the Canal Board to cause to be built the walls ï~~372 MESSAGES OF GOVERNORS OF MICHIGAN and guard locks hereinbefore mentioned. This would require a sum, according to the estimates herewith furnished, of seventy-three thousand six hundred dollars. This appropriation could be made and the money raised without its ever becoming a tax upon the people. Canal bonds might be issued payable at the expiration of twenty years in sums of one thousand dollars each, drawing a rate of interest not exceeding seven per cent. per annum, the State pledging her faith for their final redemption. The tolls of the canal, according to the present tariff, should the business increase for the next twenty years in the same ratio as in the past four, would be amply sufficient to meet the bonds at maturity. These tolls might be increased by the Board one-quarter if it should be found necessary, without being at all burdensome upon vessel owners. Such a system would enable the Board of Control to put the canal in the best possible condition, both as to safety and convenience, and the entire expense attending it would be borne by those who reap the benefits of the work. There is now in the Treasury and in the hands of the Superintendent, ten thousand one hundred and fifty-seven dollars and eighty-three cents belonging to the canal fund, being an accumulation of tolls since the opening of the work, over and above the expense of managing the same. M. WISNER. January 29, 1859 From Journal of the House of Representatives, pp. 358-359 To THE HOUSE OF REPRESENTATIVES: I herewith return to you a bill entitled an act "donating six hundred and forty acres of land to Mrs. Rogers, wife of Henry D. Rogers," with my signature withheld. I regret the necessity that requires me to take this step, but a sense of duty to the whole people leaves me no alternative. This bill gives to Mrs. Rogers six hundred and forty acres of land, to be by her selected from the "swamp lands," granted to the State of Michigan by the act of Congress of September 28, 1850. This land, when selected by her, is to be exempt from all taxation for the period of twenty-one years from the 1st day of January instant. The fee of this land by this bill will become vested absolutely in Mrs. Rogers, and she may unquestionably dispose of it in any manner that she may see fit, without regard to the four children mentioned in the preamble to the bill. These swamp lands ï~~MOSES WISNER 373 were granted to the State for a special purpose, for drainage and reclamation; and good faith, at least, requires the State sacredly to appropriate them for that purpose so far as is necessary to carry out the spirit of the grant. When the Legislature undertakes to give away these lands, simply because the donee is surrounded with "extraordinary circumstances," and without making any provision for their drainage, reclamation or settlement, it looks as if the great object of the grant was completely lost sight of. This bill imposes no obligation upon Mrs. Rogers, even to occupy this land, or to drain or reclaim it in the slightest degree. If you can give away a section of the swamp lands, regardless of the proviso in the act of Congress ceding these lands to the State, without making provision for its settlement or reclamation, why may you not give the whole of them away. There is another objection to this bill, that to me is insurmountable. The constitution provides that "the assent of two-thirds of the members elected to each house of the Legislature shall be requisite to every bill appropriating the public money or property for local or private purposes." The journal of the Senate shows that this bill was passed by the following vote yeas 19, nays 12. The assent of two-thirds of the members of the Senate has never been given to this bill. That it appropriates the public property for private purposes, within the meaning of the constitution, it seems to me cannot be questioned. The fee of this land by the patents of the general government has become vested in the State. The legal estate is in the State by virtue of patents. It is the public property of the State, although she is bound by the act of Congress, and of our act of acceptance, to use it for a particular purpose "so far as is necessary." If this land is not the property of the State, then she has no right to give it away. If it is the property of the State, her Legislature cannot appropriate it for private purposes, without the assent of two-thirds of the members of each house. For the above reasons, I withhold my signature from this bill, and respectfully return it to the House whence it originated. M. WISNER. February 11, 1859 From Journal of the House of Representatives, pp. 790-791 To THE HOUSE OF REPRESENTATIVES: I return to you a bill entitled "an act to provide for settlements and compromises by partners and joint debtors." I cannot sign this bill. The constitution requires the Executive, whenever a bill is presented for his signature which he disapproves of, to re ï~~374 MESSAGES OF GOVERNORS OF MICHIGAN turn it, with his objections, to the House in which it originated. This bill is an innovation upon the common law. It changes a rule which, for more than two hundred years has been familiar with the mercantile world, and puts in its place an untried experiment. For this reason alone, the Legislature should pause and deliberate well, before taking such a step. The bill under consideration allows the creditor of a firm or partnership, upon its dissolution, to settle with any member of such a firm or partnership, upon such terms as such member and creditor may agree, and upon the consummation of the settlement such partner is forever discharged from all liability to the creditor by reason of the co-partnership debt. The bill further authorizes the creditor, after such settlement, to sue the other members of the firm and recover from them the whole amount of the debt, leaving the debtors thus sued to their action for contribution against the copartner with whom the settlement was made. This bill also applies equally to partnerships now existing and to such as may be hereafter formed, thus giving it a retrospective and prospective effect. Under our present law each partner has a direct interest in the prosperity and welfare of the whole firm, and in the payment of its debts. It should be the policy of the Legislature to encourage the formation of partnerships. This bill, in my opinion, has a contrary effect. It allows a partner, on the dissolution of the firm, to seek out the creditor, and negotiate for a personal discharge from the partnership liabilities, thereby throwing the entire responsibility of the payment of the debts over upon the remaining members of the firm. So long as each member of the firm is liable for the full payment of the debt, each will be watchful, diligent, and prudent in the management of the business. I would find no fault with this bill if it provided that in case of a settlement by a creditor with one of two partners, the other partner should thereby be discharged from one-half the liability of the firm. But this bill makes no such provision. Let me suppose that A, B and C are partners owing D three thousand dollars. A dissolves the partnership, and immediately applies to I), and obtains a settlement and discharge of all liabilities growing out of the above indebtedness. It would seem to me that inasmuch as D has voluntarily settled upon his own terms with A, and thereby released one-third of the members of the firm from all liability on account of the partnership indebtedness, that the remaining members of the firm should at the same time be released from one-third part of the indebtedness. This bill, however, still authorizes D to see B and C, and recover from them the whole three thousand dollars, and simply leaves them a remedy against A in an action for contribution. The effect of this bill, in my opinion, is to hold out an inducement to fraud and perjury, and should it become a law will increase litigation and change the honest, confiding ï~~MOSES WISNER 375 partner into a spy upon his fellow partner. I do not think the interest of the community demands the passage of such a law, and more especially as it is to operate upon partnerships already existing. Entertaining these views I have deemed it my duty to withhold my signature from this bill, and respectfully return it to you. M. WISNER. February 14, 1859 From Journal of the Senate, pp. 678-679 TO THE SENATE AND HOUSE OF REPRESENTATIVES: Gentlemen-I herewith enclose to you a letter from the Hon. D. S. Walbridge, one of the members of Congress from this State, together with a copy of a bill lately passed both Houses of Congress, donating a certain quantity of land to the State of Michigan, in aid of agriculture and the mechanic arts. I am unable to advise you as to whether this bill has yet received the signature of the President. Should,it become a law, certain legislation on the part of Michigan will become necessary, before she could avail herself of its provisions, and I think this legislation can be done in anticipation of the signature of the President to said bill, thereby obviating the necessity of again calling you together, or of awaiting your next biennial session. I have therefore directed the Attorney General to prepare the annexed bill, accepting of said grant of land, in case the same should be consummated by the signature of the President, and respectfully ask you to pass the same before you adjourn. M. WISNER. ï~~1861 January 1, 1861 From Joint Documents of the State of Michigan, pp. 1-51 FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES: The Constitution of our State makes it incumbent upon the Executive, at the close of his official term, to give to the Legislature, "information by message, of the condition of -the State, and recommend such measures to them as he shall deem expedient." Before entering upon this duty, allow me to congratulate you upon the prosperity and happiness that the people of our State have enjoyed since you last met in these halls. We have been blessed with health. Peace, good order, and contentment have been our lot. The earth has yielded for us her richest fruits. Our granaries are filled to overflowing, and our hearts should be as full of gratitude to the Giver of all good for the rich gifts He so kindly bestows upon us. We have steadily increased in improvement, population, and material wealth, and the complete development of our natural resources, alone is wanting, to make Michigan one of the first States, in this great Confederacy. Proper and judicious legislation, followed up by the energy and perseverance of our people, will soon "make the wilderness blossom like the rose." We have now within our limits seven hundred and fifty thousand inhabitants. This is but a small population in comparison to what our State is capable of sustaining. By far the greater portion of Michigan is as yet a wilderness. It is this portion that most needs your fostering care. But while I say I would not have you neglect the older and more populous parts of the State, you are the representatives of the whole people, and equal and exact justice to all should be your governing principle. STATE DEBT. The indebtedness of the State, and the payment thereof, will demand your serious consideration. In January, 1859, twenty thousand dollars of the State debt fell due and was promptly paid from the Treasury. Forty thousand dollars fell due in January, 1860, twenty-seven thousand dollars of which has been paid and the balance, being thirteen thousand dollars, in bonds, has been deposited with the State Treasurer by the Michigan Insurance Company, under our banking law, the payment of which has not been demanded. The State debt as it now exists with its date of maturity, as reported by the Auditor General, is as follows: Penitentiary Bonds, payable on demand,...................$13,000.00 Internal Improvement Warrant Bonds, payable on demand 50.00 ï~~MOSES WISNER 377 Full paid 5,000,000, Loan Bonds, due Jan'y, 1863,.........$177,000.00 Adjusted bonds, due January, 1863,..................... 1,737,185.00 Temporary Loan Bonds, due January, 1878,...............50,000.00 Renewal Loan of 1858, due January, 1878,.0................ 216,000.00 Total,........................................... $2,193.235.00 The part paid 5,000,000 Loan Bonds, ($159,000,) outstanding, when funded will amount to....................... 91,992.63 Outstanding Internal Improvement Warrants............. 3,615.16 Total.............................................$2,288,842.79 Canal Bonds, guaranteed by State, $100,000. The interest upon the entire amount of this debt has been promptly paid as the same fell due. It will devolve upon you to provide for the payment of that portion of the principal falling due in January, 1863, and I doubt not you will meet this responsibility with firmness and wisdom. The honor and credit of the State require that all her just liabilities should be promptly met. It is of no consequence when or by what political party this debt was contracted. We find the obligation existing against us, and the only legitimate inquiry that can in justice or honor present itself, is as to the best and most feasible method of cancelling it. There are but two ways by which this can be accomplished. First, by levying a direct tax upon the whole taxable property of the State, sufficiently large to meet the liability at its maturity. Secondly, by a reissue of bonds, or in other words, contracting a new debt to take the place of the old. Were it not for the large amount of this indebtedness, it would, in my judgment, be far better for the State to meet it at its maturity by a direct tax, than to reissue the Bonds, and thereby defer the day of payment. Renewing an obligation never pays it. We may put off the day of payment for a series of years, but at last it must be met with all its accumulated interest. We complain of those who contracted this debt because they neglected to make provision for its payment, and we should be careful not to give our children the same cause of complaint against us, as they certainly would have if we should renew the indebtedness without at the same time making ample provision for its final payment. I would advise the renewal of this indebtedness by the reissue of Bonds payable in twenty years, drawing a rate of interest not exceeding six per cent. per annum, and for the ultimate payment of the principal of these new Bonds. I would create a sinking fund by annual taxation, of not less than twenty-five thousand dollars the first year, increasing the amount by annually adding fourteen per cent. to the sum raised the previous year. Such a fund, at the expiration of twenty years, would wholly extinguish the principal of our State indebtedness. The ï~~MESSAGES OF GOVERNORS OF MICHIGAN interest should also be met by direct taxation, if necessary as provided for in the Constitution. The Constitution provides as follows: "The Legislature shall provide by law a sinking fund of at least twenty thousand dollars a year, to commence in eighteen hundred and fifty-two, with compound interest at the rate of six per cent. per annum, and an annual increase of at least five per cent. to be applied solely to the payment and extinguishment of the principal of the State debt other than the amounts due to educational funds, and shall be continued until the extinguishment thereof." This provision of the organic law has thus far remained a dead letter. No step has ever been taken by any Legislature to comply with it. By creating a sinking fund as contemplated by the Constitution, the gradual extinguishment of our State debt will be brought about, and the burden of taxation lightly felt. This fund can be created only by taxation, but a tax of twenty-five thousand dollars and compounded at fourteen per cent. per annum thereafter, is a small sum of money to be raised in view of the population and wealth of our State, yet even this sum, if set apart and exclusively devoted to the payment of the principal of the renewed indebtedness, would obliterate the whole of it at the expiration of twenty years. I know it is impolitic for a state to accumulate money in her Treasury by taxation, and allow the same to remain idle, which at first view might seem to be the case with a sinking fund. This difficulty could be obviated by authorizing the Treasurer to use the money thus accumulated in the payment of the renewed Bonds whenever they could be purchased at or below par, or by making the Bonds themselves payable at or before the expiration of twenty years, at the option of the State. I am aware that Bonds thus payable would not bring as high a price in market, as if payable at a definite time, but in my judgment this difference in their market value would be more than compensated by the privilege of annually applying this fund towards the extinguishment of the debt, and thereby stopping the accumulation of interest. Before another Legislature can take action in the premises the most of this debt will have matured. The credit of the State stands high, and no citizen of Michigan would wish to see it lowered by a failure to meet promptly all her just liabilities. You owe it to yourselves, as well as to the people you represent, to take some final action by which we can all see that this debt is soon to be paid. The State is fast increasing in wealth and population, and the taxation necessary to create such a fund would scarcely be felt. STATE PRISON. The annual reports of the officers of the State Prison for the years 1859 and 1860, show the financial affairs of that Institution to be in a flourishing condition. It appears from the report of the Agent of the Prison for the year 1859, that the earnings of that Institution, during the ï~~MOSES WISNER 379 last ten months of the fiscal year ending November 30th, 1859, exceeded the expenses for the support of the convicts for the same period of time, by nine hundred and thirty-two dollars and ninety-eight cents, and the report of the same officer for the year 1860, shows that its earnings for the past year exceeded its ordinary expenses by five thousand one hundred and seventy-nine dollars and thirty-three cents. Thus has the State Prison, for the past twenty-two months, actually brought into the Treasury, over and above its ordinary expenses, the sum of six thousand one hundred and twelve dollars and thirty-one cents, and it is confidently believed that by proper and judicious management, this Institution will hereafter be able to meet its ordinary expenses from its own resources. I believe there is no other similar institution in the United States that is self-sustaining, and this is the first time in the history of our own State, that our Prison has paid its way. This is wholly owing to the fidelity and ability of its officers, who have been indefatigable in their endeavors to make our Prison a model institution of its kind. At the meeting of the Legislature, in 1859, four hundred and seventythree convicts were confined in the State Prison, of which number twentyfour were in solitary cells for willful 'and deliberate murder. It pains me to inform you, that since that time, this number has greatly increased. There are now confined in the Prison, six hundred and twenty-one convicts, out of which number twenty-two are in solitary confinement for murder in the first degree. In my message of January, 1858, I made use' of the following language: "Let crime continue to increase in our State for the next three years in the same ratio, as in the past, and our Prison at the end of that period will be full to its utmost capacity." One more year and our Prison will be full. True, we may go on enlarging it, but I doubt the policy of making further appropriations for that purpose. The Legislature, in 1859, made an appropriation of twenty-seven thousand five hundred dollars, principally for constructing two hundred and fifty cells in the east wing of the Prison. The Act making the appropriation continued the office of Building Commissioner, (created by the Legislature of 1855,) for the period of two years from and after February 15th, 1859. By the different acts of legislation it became the duty of this officer to see that the appropriations upon the Prison were properly expended in the manner contemplated by law. The condition of our State finances was such that it became impracticable to pay any considerable portion of this appropriation until after the receipt of the taxes of 1859. I therefore delayed making the appointment of a "Building Commissioner" until in February, 1860, thereby saving to the State the amount of one year's salary of that officer, being nine hundred and ninety-nine dollars. The two hundred and fifty cells have been completed, and a portion of them are now occupied. The prison can now accommodate six hundred and ninety-two convicts. This is its utmost capacity. ï~~880 MESSAGES OF GOVERNORS OF MICHIGAN The experience of officers of similar institutions throughout our sister States, proves the impolicy of confining, at one time, more than from six to eight hundred convicts in one Prison. One set of officers cannot well manage more than that number, and pay any regard to the great object of punishment, or to the economy and prudent management of the Institution. I recommend that you take immediate measures towards building a new Prison. The State will need it before it can be got ready for use. I would locate it at the Capital, or somewhere upon the line of the Detroit and Milwaukee Railroad, leaving its definite locality to be fixed by commissioners appointed for that purpose, clothed with power to receive gifts of a suitable site, and building materials for the work. It is important that its locality should be accessible by railway. The amount of the appropriation necessary to begin such.a work will depend much upon the plan that may be adopted, but under no circumstances would I involve the State in debt, either for a new prison or for any other necessary work. In every instance where it becomes necessary and proper to make an appropriation, it should be made fearlessly, and as a matter of duty at the same time a tax should be levied upon the people sufficiently large to meet it. Since I entered upon the duties of my office I have pardoned from the State Prison seventy-two convicts. Out of this number twenty-six have been recommended to executive clemency by the Judge who pronounced the sentence, and sixteen by the Prosecuting Attorney who officiated at the trial. In almost every instance the recipient of clemency, by his good conduct while in prison, merited the approbation and received the recommendation of the Agent or Chaplain. Whenever I could learn that the convict had been in the habit of indulging in intemperance, I imposed upon his pardon the condition that he should forever after abstain from the use of intoxicating drinks as a beverage. One, and one only, has since violated that condition, and for such violation is now serving out the balance of her term. Over two hundred and fifty applications for pardon have been made to me within the past two years, and from this large number I have selected such as I thought deserving. My information of the merits of each case necessarily had to be obtained from others, and it is not to be wondered at if in some instances I may have been imposed upon. Justice tempered with mercy is an attribute of the Deity, and the Executive who refuses to entertain an application for pardon because he is liable to be imposed upon, shuts his heart to all the better feelings of our nature, and frequently confounds the meritorious and deserving with the hardened criminal. Accompanying this message is a list of my pardons, with the reasons that influenced my action in each particular case. For a detailed statement of the condition of the Prison, I commend you to the aninual reports of its officers. ï~~MOSES WISNER 381 In 1857 the Legislature passed a law authorizing the Agent of the Prison to make a deduction from the time of sentence of the convict, of one day per month for the first year, two days per month for the second year, and four days per month for the balance of his term; so long as he should observe all the rules of the Prison. This statute has had a salutary effect upon the conduct of the prisoners. It incites them to good behavior. Each feels that the duration of his punishment depends, in a measure, upon his own good conduct. I believe that kindness towards the unfortunate convict, will have its effect in softening and subduing his.rugged nature. It appears from the reports of the Agent for the last two years, that a large majority of the convicts received within that period of time, are below the age of thirty. These are young men, and more than nine-tenths of them are now confined in Prison for the first offence. We have a law that authorizes the Agent, upon the discharge of a convict, to pay him a sum of money not exceeding ten dollars. The reports of the Agent of the Prison for the past two years, show that during that period of time three hundred and fifteen convicts have been discharged from prison, and that the sum of only twelve hundred and fifty-two dollars was, by virtue of this law, distributed among the whole of them. This is a trifle below four dollars a piece, a sum barely sufficient t6 take them to their respective homes, if, indeed, they are fortunate enough to have a home. I believe it would be better for the discipline of the Prison, and have a benign influence upon the convicts, to pay them a larger sum of money upon being discharged. Many of them come out of the Prison friendless. Their spirits are broken. They are too apt to think that the world is cold and unforgiving, and that the finger of scorn is constantly pointed at them. The pittance which the State gives them is barely sufficient to take them back to their old haunts and associates, but not enough to keep them from destitution until they can seek honest employment elsewhere. I would pay a larger sum of money to the convict, who, by his good conduct in Prison, entitles himself to the benefits of the law of 1855. I would increase the sum to be paid, to at least ten dollars per year, giving the Agent a discretionary power to graduate the amount paid, in proportion to the labor performed by the prisoner, and his good conduct while in Prison; but in no case to exceed the sum of thirty dollars. Such a law, in my opinion, would be more in keeping with the spirit of the age, and would haveta tendency to prevent the young offenders from relapsing into crime. EDUCATION. The report of the Superintendent of Public Instruction shows the educational interests of the State to be in a flourishing condition. There have been taught in our Primary Schools, during the past year, two hundred and six thousand and fourteen children; and seven thousand ï~~382 MESSAGES OF GOVERNORS OF MICHIGAN nine hundred and forty-one teachers have been employed for that purpose, at an expense of four hundred and sixty-seven thousand two hundred and eighty-six dollars, in the aggregate. That clause in our Constitution which declares that it shall be the duty of the Legislature "to provide for and establish a system of primary schools, whereby a school shall be kept, without charge for tuition, at least three months in each year," has been fully carried into effect, and we are now realizing the benefits of that clause in the organic law. You should foster and encourage the primary school system. Upon its perpetuity and success depend the stability of our free institutions. No other system of education can be as effectual in diffusing knowledge among the masses as this, and so long as the common people are virtuous and intelligent, so long will our liberties be safe. You are respectfully referred to the very able Reports of the Superintendent of Public Instruction for the years 1859 and 1860, for the details of our common school system, and for such amendments as are necessary to be made in our Statutes, in order to make all parts of the system harmonize. FEMALE COLLEGE. In my inaugural message of 1859, I called the attention of the Legislature to the great injustice of excluding our daughters from the State University, at Ann Arbor, and asked that some provision might be made for their education in all the higher branches of learning. I again renew the subject. In 1826 Congress granted to the Territory of Michigan seventy-two sections of land, for the use and support of "an University, and for no other use and purpose whatsoever." The Legislature, in 1837, organized the "University of Michigan," and by the act of organization specially declare that "it shall be open to all persons resident of this State, who may wish to avail themselves of its advantages." The act of organization contemplated the formation of branches in different parts of the State, and declared that, "in connection with every such branch of the University there shall be established an institution for the education of Females in the higher branches of knowledge." It is manifest from this act, that the Legislature contemplated and intended that both sexes should have equal advantages under the laW, and that the rich donation made by Congress was for the mutual benefit "of all persons resident of this State, who might wish to avail themselves of it." The lands thus granted have nearly all been sold, and a trust fund has been thereby created, amounting to one hundred and sixty-two thousand five hundred and fifty-eight dollars and twenty-seven cents, upon which the State pays to the University a rate of interest of seven per cent. per annum. Thus far the Females of our State have been denied a joint participa ï~~MOSES WISNER 383 tion in this fund, and have been excluded from the University, since its first organization. The State should make this right. Not one dollar of money has she, thus far expended in teaching her daughters the higher branches of learning. We boast of our common school system, as the early nurseries of the future statesman, and the very foundation on which our free institutions must ever rest. Yet we could not carry on this system one day without the aid of these Females, who are excluded from the University. The Annual Report of the Superintendent of Public Instruction, for the year 1860, shows that out of the seven thousand nine hundred and forty-one qualified teachers, in our primary schools, five thousand three hundred and forty-two are females. These female teachers mould the minds of our children, and stamp upon their youthful intellects impressions as lasting as life. The influence which they exert upon the rising generation is far greater than that of the male teachers, and in the same proportion as they are educated will this influence be beneficial; and yet the State moves along apparently indifferent, and without making the slightest effort towards educating our daughters in "the higher branches of learning." For twenty years the University fund, which is the joint property of both sexes, has been exclusively devoted towards educating our sons. Every consideration of State policy demands-justice demands-that you should make provision for the building of a "Female College," that our daughters may have the advantages now enjoyed by our sons at the University. I ask you to make an appropriation of thirty thousand dollars for this purpose. This will be just four cents apiece to the inhabitants of our state-a cheap way of meting out long delayed justice. I would locate it somewhere in the rural districts, and if possible in the vicinity of some beautiful lake, but its particular locality should be left open to competition. No Female College should be built for less than fifty thousand dollars, and I would require the successful locality to pay at least twenty thousand dollars towards the building of it. There are a great many localities in our State where the citizens would cheerfully contribute twenty thousand dollars towards securing such an institution in their midst. AGRICULTURAL COLLEGE. The Constitution of the State provides that "the Legislature shall encourage the promotion of intellectual, scientific and agricultural improvement, and shall, as soon as practicable, provide for the establishment of an Agricultural school." Such a school has been established, and been in operation for nearly four years, under the control and management of the Board of Education. The law organizing the College required the purchase of a farm and site within ten miles of Lansing, at an expense of not exceeding fifteen ï~~384 MESSAGES OF GOVERNORS OF MICHIGAN dollars per acre. This ivas an unfortunate restriction upon the action of those upon whom devolved the duty of selecting the farm and site, as they were necessarily compelled to purchase wild, uncultivated land, the improvement of which has really cost the State more than an improved farm of like quantity and quality, would in the first instance. We ought not to expect much good from scientific and experimental cultivation, until the farm shall have been thoroughly subdued. Time alone can accomplish this. The mere chopping down and clearing off a heavy growth of timber, are only the first steps towards subduing land. Greatimprovements have, however, been made upon the farm within the past two years, in removing unsightly objects, and giving it a more farmer like and tidy appearance. There are other improvements necessary to be made. More land should be cleared; the old bridge across Cedar River, connecting the different parts of the farm, and necessary to its use, should be rebuilt, and a barn should be built. The legislature of 1859 made an appropriation of the sum of thirtyseven thousand five hundred dollars, "for the purpose of paying the liabilities of said institution; for the erection of a farm barn and shed; for the repair of buildings; the payment of salaries of professors and teachers, and the payment of other necessary expenses to be incurred in the successful operation of said school during the years eighteen hundred and fifty-nine and eighteen hundred and sixty.". There was paid out of this appropriation during the year 1859, the sum of seventeen thousand six hundred and seventy-six dollars and forty-five cents, and during the year 1860, the sum of fourteen thousand two hundred and nineteen dollars and forty-three cents, leaving the balance unexpended. It will require a further appropriation of twenty-five thousand dollars for the.next two years, to 'make the improvements contemplated by the Legislature of 1859, and make some other slight improvement necessary to be made, as recommended by the officers of the institution; build a bridge across the Cedar River, and carry on the College for the next two years. The Legislature of 1858 passed a law authorizing the Agricultural College, for its own use and for the purpose of drainage and reclamation, to take immediate possession of certain swamp lands belonging to the State situated in the townships of Lansing and Meridian, in the county of Ingham, and DeWitt and Bath, in the county of Clinton. The most of this land is in one body, situated about two and one-half miles north of the College buildings, and can be reclaimed at a trifling expense, and will then be of great value to the Institution for grazing purposes. There are some scattering lots that could be sold to advantage, and if sold and the avails applied toward reclaiming the balance, it would be far better than to let them remain in their present condition. I recommend that the fee of these lands be put into the hands of the officers of the ï~~MOSES WISNER 385 College in trust, and that they be authorized to sell such part as will not be wanted for the use of the institution, applying the avails therefor towards opening roads to, and improving the balance of these lands. There is no institution in our State that more strongly commends itself to the good wishes of the people than the "Agricultural College," and it should be the especial duty of the Legislature to cherish and watch over it in its infancy. The great mass of the people of Michigan are and always will be cultivators of the soil, and this institution is designed to educate them in the mysteries of their calling. It may take years to put this institution upon a firm basis, but the time will come when the "Agricultural College" will be the pride and boast of our State. Already has it passed its crisis, and soon the products of the farm will go far towards defraying its ordinary expenses. Suppose it should continue to be a bill of expense to the State, I ask what institution of learning have we that has not been and is not now a bill of expense to the State? REFORM SCHOOL. The "Reform School" commends itself to your kindest consideration. This Institution was first opened in 1856. Its object is the reformation and education of children who have strayed from the path of rectitude, and been convicted of some violation of the law. The Legislature, at its last session, made an appropriation of twenty thousand dollars for the purpose of constructing the south wing of the Institution, and purchasing the necessary furniture and fixtures for the same. Eighteen thousand eight hundred and sixty-three dollars and seventy-eight cents of this appropriation have been expended in the construction of the wing, and it is now fully completed and furnished, and the Institution now contains one hundred and thirty-seven boys and two girls. This is no place to send girls. The course of discipline is such that it is impracticable to keep the two sexes apart; and to keep them together would tend to defeat the great objects of the Institution. In the month of June, 1859, I granted a pardon to a girl who had been sent to this School, from Lapeer county. The pardon was granted because it was impracticable to keep her at the Institution. The law, as it now exists, makes no distinction between the sexes, and both may be sent there. I recommend that you amend the law so' as to prohibit the sending of girls to the Reform School, as it is at present organized. A small appropriation of three or four thousand dollars would be sufficient to erect suitable buildings for the reception of females. These buildings could be erected adjacent to the Institution, and its management could be under the same board of officers. I recommend the appropriation. You are respectfully referred to the Annual Report of the officers of this Institution for the details of its management and financial affairs. ï~~386 MESSAGES OF GOVERNORS OF MICHIGAN In the month of October last, the machine shop, connected with the Institution, took fire, and a large portion of the building was destroyed. The shop has since been repaired, at an expense of nearly sixteen hundred dollars. ASYLUM FOR THE DEAF, DUMB AND BLIND. The officers of this Institution, in their biennial report to the Legislature of 1859, asked for an appropriation of eighty-eight thousand dollars, to complete the buildings, and twenty-seven thousand dollars towards purchasing furniture and defraying the expenses of the Institution for two years. The Legislature made an appropriation for the above purposes of sixty-five thousand dollars for the year 1859, and seventeen thousand dollars for the year 1860, and authorized the raising of the same by taxation. It was, undoubtedly, the expectation of the officers of the Asylum that this appropriation for the respective years would be advanced by the Treasurer out of the General Fund, in anticipation of the receipt of the taxes. No portion of the appropriation for the year 1859, could by any possibility be made available by taxation before March, 1860, and the appropriation for that year will not be received before next March. The condition of the Treasury was such that it was found impracticable to make any considerable advances to this Institution from the General Fund, and meet promptly our foreign liabilities, and defray the expenses of the government. There has been paid to this Asylum, out of the appropriation of 1859, the sum of fifty-two thousand dollars, which has been expended in defraying its ordinary expenses for the past two years, and towards the completion of the buildings. It will require a further appropriation to complete the buildings, and to defray the expenses of the Institution for the next two years. I recommend that you make an appropriation sufficient for this purpose. The expenditures, thus far, upon this Asylum, (exclusive of what has been paid for the land connected with it,) are as follows: 18501................................................. $5,000.00 1853-4,................................................ 3,000.00 1855-6,................................................ 33,000.00 1857-8,............................................... 75,000.00 1859-601............................................... 52,000.00 Total,.......................................... $168,000.00 From this sum should be deducted the ordinary expenses of its management, since it was first opened for the reception of pupils. The true ï~~MOSES WISNER 387 interest of the State requires the immediate completion of the work. To leave it in its present unfinished condition is not economy. There is but a small portion of the edifice that can now be used, and until the whole structure shall have been completed the beneficial objects of the Institution cannot be realized. There is no work of christian charity or humanity that so much commends itself to all the finer sensibilities of our nature, as that of providing an asylum for the "Deaf, Dumb and Blind." One hundred and fifty-eight pupils have been received into this Institution since it was opened, in 1854. These unfortunate children are our brothers and sisters, and as such should be provided for. Many of them are poor and friendless, and without our aid in educating them must grope their way through a life of utter darkness without one ray of mental light to cheer them on their gloomy pathway. INSANE ASYLUM. This Institution will also need your fostering care. The Legislature of 1859 made an appropriation out of the General Fund of forty-five thousand five hundred dollars for the year 1859, and fifty-five thousand dollars for the year 1860, for the Insane Asylum. From the above appropriation, th'e sum of thirty-five thousand five hundred dollars was to be used in the year-1859, for the erection and furnishing of buildings, as specified in the Report of the Trustees of the Asylum for the year 1858, and the further sum of twelve thousand dollars for furnishing and sustaining the completed portion of the south wing, and to be used in the year 1859. The balance of the appropriation was to be drawn and used during the year 1860. From this appropriation there has been drawn the sum of forty-five thousand five hundred dollars, for the year 1859, as appears from the report of the State Treasurer for that year. But a small portion of the appropriation for the year 1860 has as yet been drawn from the Treasury. You are respectfully referred to the Report of the officers of this institution, for the situation of its finances and the manner in which it has been conducted for the past two years. The institution has labored under great embarrassments, owing to its not being able to realize the full amount of the appropriations. Such embarrassments will always exist when the Legislature make appropriations from the General Fund, when that fund is not sufficient to meet the demands upon it. This institution should be finished as fast as possible, and you should make a liberal appropriation for that purpose; but not one dollar of any appropriation that you make towards completing this, or any other institution that we have, should be made payable from the General Fund. It is much the wisest policy to first get the money into the Treasury before you spend it. Heretofore the appropriations have principally been made from the General Fund. This is all wrong, and should be corrected. ï~~388 MESSAGES O' GOVERNORS OF MICHIGAN SAUL CANAL LOAN AND IMPROVEMENTS. The Legislature, at its biennial session in 1859, passed a law by which the Governor and State Treasurer were authorized and directed, in the name and behalf of the people of this State, to negotiate and contract for a loan, not exceeding in all one hundred thousand dollars, on the best and most favorable terms and conditions that in their judgment could be obtained, at a rate of interest not exceeding six per cent per annum, to be expended and applied solely in making, from time to time, such repairs upon the locks, gates and walls of the "St. Mary's Falls Ship Canal" as the Board of Control having charge of that work might deem necessary for the preservation and efficient operation of the same. For the purpose of effecting the loan, the Governor and State Treasurer were empowered and directed to advertise, for thirty days, in one of the daily newspapers in Detroit, Boston, New York and Pittsburgh, and to cause to be made and issued bonds of not less than one thousand dollars each, to be signed by the Governor and countersigned by the Secretary of State and State Treasurer, and drawn in favor of, and endorsed by, the Auditor General. The act authorizing the loan contains the following clause: "Provided, That said bonds shall be sold to the highest bidder, but shall not be sold at less than par, and the money obtained from said loan or loans shall be paid over to the State Treasurer, and shall constitute a part of the St. Mary's Falls Ship Canal fund, to be applied and used for the above purposes, and for no other purposes whatever." On the 25th day of April, 1859, the State Treasurer and I appeared at the Artisans Bank, in the City of New York, (that being the time and place for receiving bids, as designated in the notice previously published,) and then and there received and opened the bids, from which it appeared that "E. H. Hazelton & Co." had bid a trifle over a premium of three per cent for the whole of said loan, and were the highest bidders. Before awarding the loan to them, we required and received a bond, with sufficient sureties, conditioned to pay to the State Treasurer of the State of Michigan, on the first day of July, 1859, at the said Artisans Bank, the full amount of said one hundred thousand dollars and premium, upon receiving the bonds contemplated by said act, and in default of such payment, that the obligors therein named would pay to the State of Michigan, as liquidated damages, the sum of five thousand dollars. Subsequently, and in the latter part of June, 1859, these bonds, to the amount. of one hundred thousand dollars, were prepared and executed in the City of Detroit, and received by the State Treasurer, to be by him taken to the City of New York and delivered to E. H. Hazelton & Co., upon receiving the one hundred thousand dollars and premium, as provided for in the said bond executed by E. H. Hazelton and his sureties. I did not accompany the Treasurer to the City of New York after the ï~~MOSES WISNER 389 Bonds were delivered to him, for the reason that the contract for the loan had already been made, and the only remaining duty to be performed, was to deliver the bonds on receiving the money, and by the law, no other officer but the State Treasurer was authorized to receive it. On or about the 20th of December, 1859, I learned that the State Treasurer had deposited with said Hazelton & Co. fifty thousand dollars of the said loan. This was the first information that I had re: ceived upon the subject, (except that I heard a rumor to that effect in the latter part of November previous). On the 29th of December, 1859, I was officially informed by the Board of State Auditors (who had then just closed their annual settlement with the Treasurer) that in their settlement that officer had presented to them "a receipt or certificate of deposit made by E. H. Hazelton & Co., for fifty thousand dollars, dated July 1st, 1859, which they deemed insecure, and which they could not regard as cash in the State Treasury." Upon receiving this information, the Attorney General and I immediately went to the city of New York for the purpose of obtaining from E. H. Hazelton & Co. security for the payment of said fifty thousand dollars. We obtained from them, a security, a mortgage upon their real estate situated in Michigan, describing it in general terms, as it was impracticable at the time to describe it otherwise. This mortgage, as I am advised by the Attorney General, (who has obtained an abstract from the different Register's offices in the counties where these lands are situated,) covers over ten thousand acres of land. In addition to the mortgage, we received a transfer of the notes of the Flint and Pere Marquette Railway company to the amount of fifteen thousand dollars. Also two notes executed by J. Pratt, amounting to five thousand eight hundred and eighteen dollars and sixty-nine cents. I do not consider these two last mentioned notes of much value. The foregoing are the only securities we could obtain, and I have never entertained a doubt since they were received, that they were amply sufficient to secure the State against ultimate loss. They are all due and unpaid, and I am advised by the Attorney General that he has commenced a foreclosure of the mortgage. At the opening of navigation in the spring of 1859, the Board of Control of the St. Mary's Falls Ship Canal (composed of the Governor, State Treasurer and Auditor General) visited that work for the purpose of examining into its condition and determining the extent of the expenditures necessary to be made in order to put it beyond the risk of accident. Before leaving Detroit the Board employed three competent Engineers to accompany them, each of whom was requested to examine the work and furnish a plan and specifications of the improvements necessary to be made, together with an estimate of the probable expense. We found the Canal in an unsafe condition, so much so that there was imminent danger of the works being washed away during ï~~390 MESSAGES OF GOVERNORS OF MICHIGAN the season, and the' entire commerce of Lake Superior thereby jeopardized. The plans and specifications of Joseph B. Walton, Esq., (one of the Engineers who accompanied us,) for the improvement of the Canal, met the approval of the Board and were by us adopted, and he was subsequently employed as the Engineer to take charge of the improvements. Upon the 7th day of June, 1859, the Board, on behalf of the State, entered into a contract with Silas M. Holmes and Nelson W. Clark, for furnishing the materials and doing the necessary work under the direction of, and according to the plans and specifications of the said Engineer (a duplicate of the contract entered into, with the plans and specifications, is on file in the office of the Secretary of State, to which you are respectfully referred). The contract price, as agreed upon with Holmes and Clark, was seventy-two thousand dollars, and by the terms of the contract they were to have possession of the Canal from and after the 15th of September, and if necessary, during the remainder of the year. By the law the entire responsibility of the prudent management, care and preservation of this great National work, rests entirely with the "Board of Control," and upon their fidelity and watchfulness in protecting it against accident, depend almost wholly the millions of commerce that yearly pass through it. The Board felt the full weight of this responsibility in awarding the contract to "Holmes & Clark," and were governed more by the known reputation of these men for energy and perseverance in whatever they undertook, than in the price agreed to be paid for the work. The Engineer employed by us had estimated * the expense of the improvements at seventy-five thousand dollars, and the Board were unanimous in awarding the contract to Holmes and Clark, at seventy-two thousand dollars. The contractors immediately entered upon the work, and before the first of August, had so far progressed as to dispel all fears of any serious accident occurring so as to interrupt its navigation. As the season advanced it became apparent that the closing of the canal by the 15th of September, or in fact, at any time before winter set in, would prove disastrous to the commercial interests upon Lake Superior. An unusual quantity of iron qgre had accumulated at Marquette, awaiting shipment, and the fall and winter supplies of the whole mining region upon that Lake would not be ready to pass through the canal until after the 1.5th. Petitions signed by most of the vessel owners and masters, navigating the canal, and by the principal business men of Detroit, Cleveland, Buffalo, and Chicago, and others doing business upon Lake Superior, were presented, urgently requesting us not to close the canal at all, but to make some arrangements with the contractors by which the work should be deferred until the season of navigation had closed. The Board felt that these men had a right to be heard, and that their interests should be ï~~MOSES WISNER 391 consulted, inasmuch as the entire expense of making the repairs upon the canal must, under the law be borne by those using it,-that the additional expense of doing the work in the winter, although it might be great, was nothing in comparison to the injury that commerce might receive by shutting up the canal under the circumstances, even for one a month. After consulting with the Engineer, and getting his views as to the feasibility of doing the work in the winter season, in that cold latitude, the terms of the contract (by the consent of the contractors) were so changed as to require them to complete the work between the closing of navigation of 1859, and the opening thereof in the Spring of 1.860, and as a compensation for changing the terms of the contract, they were to be paid the additional expense of the work by reason of the change in the time for doing it. This additional expense to be determined by the State Engineer, and a competent person selected by the contractors, and in case they could not agree, then they were to select a third person, familiar with the work, and the award of the majority was to be conclusive. It is due to the State Treasurer, that I should here remark that he did not concur in making the change in the contract, on account of the additional expense attending it, and of the supposed impracticability of doing the work in the winter season. The improvements have all been completed to the entire satisfaction of the Board, and without at all interfering with the navigation of the canal, and in accordance with the terms of the contract and its amendments, and the canal may now be said to be finished,.and that, too, in so permanent a manner as to allay all apprehensions of any serious difficulty again occurring. The contractors presented to the Board a claim of over sixteen thousand dollars on account of the extra expense occasioned by doing the work in the winter season. The Board did not feel warranted in allowing so large a sum, but preferred leaving the question to be settled in the manner agreed upon by the amendment to the contract. Subsequently, the Engineer on the part of the State, and who was present during the entire progress of the work, certified to the Board that ten thousand dollars, was, in his judgment, a reasoiuable sum to allow the contractors, and that sum was finally agreed upon and awarded them. The entire expenditures upon the Canal, in pursuance of the act of 1859, authorizing the loan, as determined by the Board of Control, is as follows: Original Contract price with Holmes & Clark.............$72,000.00 Am't allowed them on account of change in contract........10,000.00 Allowed the Contractors for extra work not embraced in the contract and specifications........................ 4,275.00 Salary of Mr. Walton, the Engineer, at $3,000 per year, and Incidental expenses, together with repairs made by ï~~392 MESSAGES OF GOVERNORS OF MICHIGAN the Engineer by order of the Board.................... $4,562.33 Paid John Burt and Joel Gray, for services as Engineers.. 246.00 Total........................................... $96,083.33 The annual report of the Superintendent shows the receipts from tolls to be steadily increasing. The amounts received during the past six years are as follows: 1855.................................................. $4,374.66 1856.................................................. 7,575.78 1857.................................................. 9,406.74 1858.................................................. 10,848.80 1859.................................................. 16,941.84 1860.................................................. 24,460.00 There will be no necessity of increasing the rate of- tolls in order to provide for the payment of the loan of 1859. On the contrary, should the business on Lake Superior continue to increase (as I have every reason to believe it will), the rate of tolls can be reduced in a few years to a mere nominal sum. During the year 1859, property to the value of nine millions, eight hundred and eighty-seven thousand, four hundred and four dollars passed through the Canal, as appears by an inventory and appraisal of the Superintendent. MUSKEGON RIVER IMPROVEMENT. The Legislature of 1857 passed "an act to provide for the improvement of navigation on the sand flats of the Muskegon River," and appropriated for that purpose, "fifty thousand dollars, to be paid from the Internal Improvement Fund of this State." The act appoints three Commissioners "to contract, on the best terms, for the construction of all work necessary for the said drainage, and the best improvement of said River for the purpose of navigation, over and across the sand flats, at a price not to exceed the sum by this act appropriated." The Commissioners thus appointed, on the 19th of August, 1857, entered into a contract with Hon. John A. Brooks, of Newaygo, for making the improvements contemplated by the act. This contract, upon the 28th of September following, was duly approved by my immediate predecessor. The sixth section of the act declares that "no payment shall be made on account of said works, of any of them, until the said drainage, and the canal or channel across the said flats, and all works connected with or necessary to the usefulness thereof, are completed to the satisfaction of the said Commissioners and approved by the ï~~MOSES WISNER 393 Governor, and in accordance with the terms of the contract to be made in pursuance of this act." The eighth section also declares that "the sufficiency of all said work shall be determined by said Commissioners, 'and approved by the Governor." In the month of November, 1859, at the request of the contractor, 1 accompanied the commissioners and the engineer, (Judge Almy, of Grand Rapids,) to examine the work with a view of certifying to its completion, in accordance with the act. We passed in a steamboat up and down the river, and through the channel made by the contractor over the said flats without inconvenience, and found the work at that time completed with the exception of closing up some of the channels leading off from the river and above the works which it was understood would be done in a few days. I did not deem the closing of these channels material or necessary to the efficiency of the work, but inasmuch as the contract required it, I declined making the certificate until these channels should be closed according to its terms. I again visited the work in the fore part of the past summer, with two of the commissioners, for the purpose of examining it. These channels had -been closed since my previous visit, (and as' the commissioners informed me shortly thereafter) but not in as thorough a manner as the contract seemed to require, and I again declined to make the certificate. Subsequently and upon the third day of October, 1860, the assignee of the contractor presented to me the contract upon which was endorsed the certificate of two of the commissoners, in substance and to the effect that they had (then) recently examined the improvements made under said contract, and that its terms had been complied with on the part of the contractor. I then endorsed upon the contract my approval of the sufficiency of the work. The act makes the appropriation from "the internal.improvement fund of this State," and declares that "no money shall be drawn from the general fund in the Treasury of this State for this purpose, nor shall the State be responsible, nor held liable for any contract growing out of this improvement, except as herein otherwise provided." The act contemplates that the "internal improvement fund of this State" is not exhausted. If it was exhausted at the time of the passage of the law, then there was nothing to appropriate from it. It is no part of the duty of the Executive to determine this question, but I respectfully call your attention to the subject that justice may be done in the premises. SWAMP LANDS AND ROADS. The act of the last Legislature, providing for the drainage and reclamation of Swamp Lands by means of State Roads and Ditches, has been the means of drawing attention to the northern portion of our ï~~394 MESSAGES OF GOVERNORS OF MICHIGAN State, and opening to settlement a portion of the country that was before almost inaccessible. Immediately after the passage of the law, and the appointment of commissioners under it, I designated the places of meeting for the respective boards of commissioners preparatory to their casting lots for the terms of office to be held by each, as contemplated by the act, and directed them to proceed immediately to make the survey and location of their respective roads. The amount of money apportioned by the State Treasurer to each of said roads, and distributed to them under the directions of the Board of State Officers, as provided for in the act, was fifty thousand dollars for the year eighteen hundred and fifty-nine, and twenty-five thousand dollars for the year eighteen hundred and sixty. The following table shows the length of each road as surveyed, the number of miles under contract, the number of miles contracted, and the average cost per mile: Allegan, Muskegon and Traverse Bay..................160 Miles. Newaygo and Northport............................... 125 " Ionia, Houghton Lake and Mackinac.................... 2121/ " Port Huron, Bay City and Lansing......................185 " East Saginaw and Sauble.............................. 90 " Lexington and Flint River............................. 45 Sault Ste. Marie and Mackinac......................... 54 " Marquette and Bay De Noc............................. 64 L'Anse Bay and Wisconsin State Line...................85 " Ontonagon and State Line.............................. 54 " Number of miles under contract........................... 477 Â~" Â~ " completed............................. 179 Average cost per mile.................................. $232.58 The expense of the location and survey has been heavy. This has been owing, in a measure, to the necessity of examining different routes before finally determining upon the best one to be taken, and partly to the difficulty of surveying roads through a wilderness, far from settlements, where provisions, as well as camp equipage had to be packed, and partly from having three Commissioners to perform services that one alone could much better do. I recommend the law to be so amended that hereafter there shall be but one Commissioner to a road. One hundred and seventy-nine miles of these roads have been completed since the passage of the law. Almost every lot of State Swamp Land upon the line and in the vicinity of these one hundred and seventy-nine miles has been purchased since the survey of these roads, and much of it by the actual settler. There has been no act of the Legislature, since the first organization of our State government, more promotive of our prosperity than this; and when these roads shall have been completed, ï~~MOSES WISNER 395 most of the northern portion of this Peninsula will be accessible to the emigrant in his own conveyance. The act of Congress granting these lands to the State imposed upon her the obligation of applying the proceeds thereof, so far as is necessary, to the purpose of reclaiming them, and the State, in accepting the grant, pledged her faith that they should be exclusively appropriated to that purpose. In my judgment, no better use could be made of these lands than to apply the whole of them in the building of roads and bridges, and draining out the large swamps, so as to make the counties wherein they are located accessible to settlement. Of what use to us are these lands in their present wild, uncultivated state? It is people that we want, not land. The true way to induce emigration into our unsettled counties is to open roads, build bridges, and drain the swamps. Over five million acres of these swamp lands are yet undisposed of. The Legislature of 1859, upon my recommendation, passed a law giving to the poor man forty acres of these lands, upon condition of his occupying and reclaiming it. Over seventeen hundred poor men, who perhaps never before had a home of their own, have availed themselves of its provisions, and are now clearing up and reclaiming the wilderness. The act of 1859 appropriated from the proceeds of the Swamp Lands thereafter to accrue, one hundred and twenty-five thousand dollars, or one hundred thousand acres of land, for the benefit of the organized counties in the Lower Peninsula, to be expended in draining and reclaiming the State Swamp Lands, and placed the same at the disposal of the Board of State Auditors, to be by them applied to that purpose under such rules and regulations as they might prescribe. Under this provision of the law the Board have let three contracts for draining certain swamps-two in Sanilac and one in Bay County. The time for completing the work has not yet expired. It is believed that these ditches, when completed, will reclaim and bring into market Swamp Land enough to more than defray the expense of drainage. The aggregate length of these ditches is twenty-five miles, and their capacity is twelve feet broad and four feet deep, and the aggregate expense, when completed, will be forty thousand dollars--three thousand two hundred dollars to be paid in money, and the balance in Swamp Land at its minimum price. These contracts are on file -in the office of the Secretary of State. One mile of the ditch in Bay County, and four miles of one of the ditches in Sanilac, have already been completed. RAIL ROADS. The, Act disposing of certain grants of land, made to the State for Railroad purposes by Act of Congress, approved June 3d, 1856, demands your consideration. This act, after granting the lands to certain Railroad Companies, creates a Board of Control, "whose duty it ï~~396 MESSAGES OF GOVERNORS OF MICHIGAN shall be to manage and dispose of such lands, in aid of the construction of the aforesaid Railroads, in the manner in this act provided, and to do any and all other acts necessary and proper, respecting the construction and building of said Railroads." The Eleventh Section of the Act is as follows: "Should either of said Railroad companies fail to accept said lands on the terms of this Act within sixty days, or fail to make the survey and maps by the first day of December next, or fail to construct its entire line of road, or any part thereof, in the time and manner required; in such case said Board of Control shall have the power, and it is hereby made their duty, to declare said lands, so far as they have not been sold-forfeited to the State; and said Board of Control are hereby required to confer said lands upon some other competent party, under the general regulations and restriction of this Act." No portion of the law attempts to point out the mode and manner by which this section can be enforced. The second section of the Act, by its terms, disposes of, grants to, confers upon and vests in, the different Railroad Companies therein named, the fee of these lands. It would seem to me that it more properly belongs to the Judiciary, to determine this question of forfeiture. Suppose a disputed question of fact should arise between this Board and one of the companies. How is it to be settled? Where is the power to subpoena and coerce the attendance of witnesses? Can the Board act judicially, and hear, try and determine the matter? It was for the interest of the -State that these railroad companies, so long as they continued at work, should not be disturbed in the completion of the roads; and any attempt on the part of the Board to declare their rights to these lands forfeited, would have been most disastrous to the best interests of the State; as the effect would have been to stop all further prosecution of the work, until this question of forfeiture could be judicially settled. Entertaining, as I did, doubts of the constitutionality of the eleventh section of said act, and inasmuch as no other competent party sought to have said lands forfeited to the State and conferred upon him "under the general regulations and restrictions of the act," I refrained from convening the Board, and no action has thus far been taken under said section. Upon the third day of- September last past, the Flint and Pere Marquette Railway Company notified me that twenty continuous miles of its roads were completed, and requested me to examine the same,and give the Company the certificate contemplated by the seventh section of the act. Before examining the road I submitted to the Attorney General, for his official opinion, the question whether I had the authority to make the certificate contemplated by the seventh section of said act, without first being satisfied that the twenty miles of road had been completed prior to the first day of December, 1859. His opinion (copy of ï~~MOSES WISNER 397 which is herewith submitted) concurred with my views upon the subject, and was to the effect that I had the authority. Upon the 5th day of Septeinber, 1860, I examined the road and found that twenty continuous miles thereof, from East Saginaw towards the City of Flint, vere completed, in the manner designated by the act, and I gave to the Company the proper certificate. Subsequently, and upon the 28th day of December, 1860, at the request of the Amboy, Lansing and Traverse Bay Railroad Company, I examined its road and found that twenty continuous miles from the City of Owosso towards the City of Lansing were completed in like manner, and I gave this Company a similar certificate. No other road has made application for a certificate under said section. The act of Congress granting these lands to the State declares that they "shall be exclusively applied in the construction of that road, for and on account of which such lands are hereby granted, and shall be disposed of only as the work progresses, and the same shall be applied to no other purpose whatsoever." It further declares that if any of said roads are not completed within ten years, no further sales shall be made, and the lands unsold shall revert to the United States. Nearly one-half of the time limited by the act of Congress has already elapsed, and from present appearances the great body of these lands will revert. It is important to the interest of Michigan that these roads should be completed, and that these lands should all be used in their construction. Your policy towards them should be liberal. Their construction would add millions of dollars to the wealth of our State and open to settlement a great part of our northern wilderness. MILITARY DEPARTMENT. The annual report of the Adjutant General to the Commander in Chief, shows that the enrolled Militia of the State number one hundred and ten thousand able bodied men. The Legislature of 1859, appropriated three thousand dollars per annum, for the encouragement of volunteer uniformed companies. This law has had a good effect: We now have forty of these companies under an excellent state of discipline. I recommend that you increase the appropriation to ten thousand dollars per annum. It is upon the "Citizen Soldiery" that' we must rely for our protection, should a resort to arms ever become necessary. These independent companies, in the hour of danger, would form a nucleus around which the enrolled militia could gather. The history of the world teaches us that that nation is most respected which is able and ready to protect her citizens and maintain her rights, even at the cannon's mouth, if necessary. We live upon the borders of the most powerful nation on the Globe. Seven hundred miles of our coast form the boundary line between Great Britain and the United States. We are at peace with ï~~398 MESSAGES OF GOVERNORS OF MICHIGAN the whole world, but this peace may not last a year. True wisdom requires us to put our military department upon a firmer basis. An appropriation of ten thousand dollars per annum in aid of these uniformed companies, would enable them to defray a portion of the onerous expenses that they are now subject to. No company can long maintain its discipline without frequent drills and encampments, which draw heavily upon their time and means. GEOLOGY. The Legislature, at its last biennial session, authorized the Governor to appoint a competent person whose duty it should be to finish the geological survey of the State. The act further authorized the appointment, from time to time, as the exigencies of the case might require, competent persons to act as assistants under the direction of the Geologist. For the purpose of defraying the expenses that might be incurred under the act, two thousand dollars was appropriated for the year 1859, and three thousand dollars for the year 1860. A joint resolution was also passed placing at the disposal of the Governor a sum not exceeding one thousand dollars, for the purpose of securing to the use of the State, and preparing for publication, the notes and papers relating to the geological survey of the State made by the late Dr. Houghton, and for the collection and preservation of any property or specimens belonging to the State in the possession of his heirs. For the purpose of carrying into effect the foregoing act and resolution, on the 9th of March, 1859, I appointed Alexander Winchell (Professor of Geology, Zoology and Botany, in the State University) State Geologist, at a yearly compensation of one thousand dollars during the performance of field labors, and Dr. ManlyMiles to act as his assistant, at seven hundred and fifty dollars per annum for like services. The sum thus appropriated was too small to carry on a very extensive geological survey of the State, and after consultation upon the subject with Prof. Winchell it was thought advisable to unite the two funds, the most economical and effective in carrying into effect both the act and resolution. The Geologist and his assistant immediately entered upon the discharge of their duties, and have prosecuted the survey to the extent of the appropriation with ability and untiring industry. The full amount of the fund has been drawn from the treasury and placed at the disposal of Prof. Winchell, and you are respectively referred to his report for the extent and success of his labors. I have filed in the office of the Secretary of State, for your inspection, my vouchers showing the disposition that has been made of the appropriation. It is of importance to the State that this geological survey should be ï~~MOSES WISNER 399 prosecuted to completion as soon as possible. The survey already made, incomplete as it is, proves to us that Michigan is fully equal to and exceeds many of her sister States in natural resources. Her coal beds cover an area of nearly seven thousand square miles, lying in the center of the State, and crossed by two of the principal railways. Her saline basin is one hundred miles in diameter, showing a quality of water that for purity and, strength is unequalled in the United States. Gypsum is found in different parts of the State, of the purest quality, and in inexhausable quantities. The iron and copper beds of Lake Superior are unsurpassed, and have already attained a celebrity throughout the United States and Europe. Lead, marl, fire-clay, and marble, all of superior qualities have been discovered in great abundance. These are some of the fruits of our geological survey. You should legislate for the development of these great natural resources. The God of Heaven has filled the bowels of the earth with these, his richest gifts, and science has brought a knowledge of them home to you. The people have a right to expect such legislation as will tend to make these great Natural resources most available. I recommend that you appropriate eight thousand dollars for the next two years, for the prosecution of the geological survey. The coinpensation at present paid the geologist is a mere pittance, in comparison to the value of his services. I believe that the principle "the laborer is worthy of his hire", is as applicable to a public officer as to a private citizen. His compensation should be doubled, and if the sum placed at my disposal by the Act of 1859 had been sufficient, I would have doubled his salary, and I believe the people would have sustained me in it. SALT. From the early settlement of the State it has been known that saline water existed in the valleys of the Grand and Saginaw Rivers, but whether salt could be manufactured from it in sufficient quantity, and of such quality as to warrant the experiment, remained entirely speculative in the minds of our people. The State had once tried the experiment without any satisfactory result. Individuals were unwilling to engage in the enterprise lest it might prove a failure. The Legislature of 1859, for the purpose of inducing individuals to embark in the manufacture of salt from our own saline springs, passed a law declaring that "there shall be paid from the Treasury of the State, as a bounty, to any individual or company, or corporation, the sum of ten cents for each and every bushel of salt manufactured by such individual, company, or corporation, from water obtained by boring, in this State: Provided, That no such bounty shall be paid until such individual, company, or corporation, shall have at least five, thousand bushels of salt manufactured." Stimulated by this law, and relying upon the good faith and ï~~400 MESSAGES OF GOVERNORS OF MICHIGAN honor of the State for the payment of the bounty, individuals and companies embarked in the enterprise, and over one hundred thousand dollars have been already invested at Saginaw and Grand Rapids, in this business. Eight wells have been sunk upon the Saginaw River, and five at Grand Rapids, and a quality of water has been found which, for strength and purity, is unsurpassed in the United States. Whether the quantity will hold out sufficient to ensure ultimate success, time alone can determine, but from present indications it is inexhaustible. Four thousand five hundred barrels of salt, of the purest quality, have already been manufactured by one company at East Saginaw, and two hundred and thirty barrels at Grand Rapids, and it is confidently believed that at no distant day the salt manufactured from the saline waters of Michigan will be sufficient to supply not only our own State, but also the States of Illinois, Wisconsin and Iowa. Salt is an article that enters into the general consumption of all classes, and cannot be dispensed with. It is estimated that twentysix millions of bushels were consumed in the United States in 1859, twelve millions of which were imported from foreign countries. One bushel of salt per annum to a person is a fair estimate of the quantity consumed by our people, and this quantity at thirty cents per bushel, (which is below the average price,) amounted during the past year to two hundred and twenty-five thousand dollars, every cent of which was a draft upon the material wealth of Michigan, and went to enrich other States. In my judgment, it is far better for our people to encourage the home manufacture of salt, than to annually pay to other States a quarter of a million of dollars for this article alone, and allow our saline springs to remain undeveloped. The Legislature of 1859 took a broad and comprehensive view of the subject, and the result has shown the wisdom of their policy. In my opinion this law ought not to be repealed, at least for a series of years, and not then without first making ample provision for those who may have made investments in good faith under the law. Our citizens have invested their capital in an uncertain enterprise, relying upon the good faith and honor of the State for the payment of the bounty, and now to repeal the law as success is about to crown their efforts, would be both impolitic and unjust. If these citizens have failed in their anticipations, they would have had no just claims upon the treasury, and their success ought not to lessen the obligation of the State to make good the law. EMIGRATION. The Legislature of 1859, by a joint Resolution, authorized inc to appoint a Commissioner, for the purpose of encouraging emigration to our State, and placed at my disposal a sum of money not exceeding twentyfive hundred dollars in any one year, towards defraying the expenses of ï~~MOSES WISNER 401 such commission. This sum was not sufficient to warrant the sending of an agent to Europe. For the purpose of making the fund most available for the accomplishment of the object of the resolution, I concluded it was better to appoint two Commissioners; one to reside in the city of New York, and the other in Detroit; for if it was an object to induce the emigrant into our State, it was equally an object to see that he remained, which could best be accomplished by having one of the Commissioners located at Detroit. I therefore appointed Rudolph Diepenbeck, Esq., a Commissioner to reside in the city of New York, at a salary of fifteen hundred dollars per annum, and George F. Veen Fleit, Esq., a Commissioner to reside in the city of Detroit, at a salary of seven hundred dollars per annum, both of whom are gentlemen of the highest character, and are equally familiar with the German, French and English languages; and I take pleasure in bearing testimony to the fidelity with which they have discharged the duties of their office. Mr. Diepenbeck was directed to forward the emigrant to Mr. Veen Fleit, at Detroit, but in no case to send one who was not apparently industrious, and of temperate habits; and to keep a record showing the names, age, nativity and value of property of each emigrant, that we might better be prepared to judge of the policy of continuing the system. From Mr. Diepenbeck's report to me, it appears that fifteen hundred German emigrants have been induced, through the agency of this Commission, to settle in our State, and that the aggregate amount of cash capital brought with them, is one hundred and fifty thousand dollars. The expense attending the commission of emigration, in the payment of salaries, printing, &c., for the year 1859, amounted to two thousand and twenty-five dollars; and during the year 1860, to two thousand seven hundred and ninety-five dollars and forty cents. I have filed in the office of the Secretary of State, my vouchers for the above expenditure. The policy of continuing the office of "Commissioner of Emigration", is well worthy of your consideration; but to make it thoroughly effectual, a larger sum should be placed at the disposal of the Governor, than that provided by the resolution of 1859. Many of the Western States have long since adopted the policy of sending a Commissioner directly to Europe, and one thus located would have a very great advantage over one in the city of New York, from the fact that the emigrant (particularly the German) makes up his mind as to his future place of residence before leaving home. In my judgment the office should be continued, tand a sum should be appropriated sufficiently large to warrant the sending of an agent directly to Europe. We have vast tracts of uncultivated land now open to the emigrant and inviting settlement, fully equal in fertility of soil to the ï~~402 MESSAGES OF GOVERNORS OF MICHIGAN cultivated portions of our State, and all that is wanting to bring it into settlement, is a knowledge on the part of the emigrant, of our great natural resources, and of the advantages that Michigan possesses over her sister States farther West. GRATIOT RELIEF FUND. At the opening of the Legislature in 1859 it became apparent that many of the citizens of Gratiot, Isabella, and other newly settled portions of our State, owing to causes entirely beyond their control, were in a destitute condition, and that without some legislative aid great suffering would exist among them before the succeeding harvest. The legislature came promptly to their aid, and placed at my disposal fifteen thousand dollars to be expended for their relief so far as was necessary, with full authority on my part to expend the same either gratuitously or to take in any case obligations for future payment in whole or in part, as to me might seem right and just. The duty thus imposed upon me was a delicate one, and more especially as it had to be performed through the agency of others. I employed George W. Swift, Esq., to visit the localities where the most suffering was said to exist, and upon receiving his report of the condition of the people, concluded to purchase provisions and distribute among them, receiving their obligations for the full value thereof, including the expense attending the distribution. These people did not ask for gratuitous aid from the Legislature. Their crops had been cut off by an overruling Providence, and they merely asked for temporary relief until another harvest should come around, and I preferred selling them the provisions as less wounding to their feelings. I have drawn from the Treasury, under the above appropriation, in all, eleven thousand three hundred and eighty-six dollars and twenty-one cents. Fifteen hundred dollars of this sum was, by me, passed over to the proper authorities of Gratiot county, to be by them expended for the relief of the citizens of that county, in exchange for which I received the county orders of Gratiot county, on interest, and five hundred dollars of the above sum was passed over to the authorities of Isabella county for the relief of her citizens, I receiving in exchange five hundred dollars of her county orders, on interest. I also caused to be distributed among the inhabitants of Gratiot, Isabella and Montcalm counties nine thousand three hundred and thirty-eight dollars and eight cents, (including the expense of distribution,) principally in provisions, and received in exchange therefor the promissory notes of the recipients of the provisions, on interest. These notes and county orders, together with the surplus money unexpended, have all been deposited with the State Treasurer, I have also deposited with that officer a detailed state ï~~MOSES WISNER 403 ment of the manner in which every dollar of this money has been expended, together with my vouchers for the expenditure. The county orders received by me can be made available, the same as cash, in the annual settlement with Gratiot and Isabella counties; most of the notes received, (numbering in all two thousand and eighty-three,) are, as I advised, collectable, and would be paid in cash if the State should require it, but I would not advise demanding their payment in money. I recommend that you pass a law authorizing the payment of these notes in labor on the highways, under the direction of the Commissioners of highways of each township where the drawers live. These notes could be thus paid without inconvenience to the drawers, and the county would be improved thereby. As an act of justice to the Detroit and Milwaukee Railway Company, ' wish to state that it gratuitously carried over its road all the provisions purchased under the foregoing act, and thereby saved for the fund from six to ten hundred dollars, and for this act of generosity the Company are entitled to the commendations of all. BANKS. The amendment to the Constitution, on the subject of corporations, proposed by the joint resolution of the /Legislatureof 1$59, was submitted to the people at the last general election, and was by them adopted, and is now a part of the organic Law. There is now no Constitutional difficulty in passing such a banking law as will be acceptable to those wishing to engage in the business, and at the same time protect our citizens. For years our State has been cursed with a currency ruinous alike to the commercial' and agricultural interests of the country. I recommend that you pass a liberal banking law, at the same time so thoroughly guarded as to secure the bill-holders from loss. Whatever law you see fit to pass upon this subject, whether it be an original act or an amendment to the present law, will have to be submitted to a vote of the electors of the State for their approval. Such is the constitutional requirement. STATE CAPITOL. I cannot, in justice to the State and to my own convictions of public policy, pass by in silence the subject of a new Capitol. The present pkublic buildings were built for a temporary purpose, and are no l6nger suitable to the wants of our growing State. The public offices are small, inconvenient and unsafe, and their destruction would be most disastrous to the interests of the State, as they contain records that could never be replaced. The Library room is already filled, with no ï~~404 MESSAGES OF GOVERNORS OF MICHIGAN opportunity of enlarging it. There is no suitable place for the holding of our Supreme Court. The halls of Legislation are already too small by half, and with no ante-chambers or committee rooms. But little need be said upon the subject. Your own experience and observation for the next sixty or seventy days will form a stronger argument in favor of a new Capitol than anything that I can say. It will take five or six years to commence and complete such public buildings as the wants and dignity of the State require. A commencement should be made immediately. I recommend that you appropriate fifty thousand dollars per annum, for the next two years, for that purpose. SUMMARY OF APPROPRIATIONS. At the last general election the question of amending the constitution so as to lengthen the time for legislative sessions was submitted to the people, and by them adopted, and your session will be no longer limited by that instrument to forty days. The questions that will come before you for consideration will demand your calmest deliberation, and upon the result of your action will depend; in a great measure, the future progress and prosperity of our State, and I trust no false considerations of economy in time, will prevent you from giving each subject careful and due deliberation. It is far better for the State that you should remain in session ninety or a hundred days, if necessary, than to have crude and hasty legislation. The Auditor General, in a very able report, has explained at length the financial embarrassments under which the Executive department of the government has labored for the past two years; and has also made an estimate of the revenue and expense of the ensuing year, and given his views as to the most feasible way of providing for the deficiency in the revenue, to all which you are respectfully referred. The appropriations which I deem expedient to be made to meet the wants and requirement of the State for the next two years, are as follows: Sinking Fund, to pay the State debt....................$53,500.00 Building a new Prison................................ 75,000.00 Female College........................................ 30,000.00 State Capitol......................................... 100,000.00 Finishing the Asylum at Flint, and carrying on the institution two years....................................... 40,000.00 For the Asylum at Kalamazoo.......................... 50,000.00 Building a Female Reform School....................... 3,000.00 Geological Survey..................................... 16,000.00 Emigrant Agency..................................... 10,000.00 Agricultural College................................... 25,000.00 ï~~MOSES WISNER 405 Reform School........................................ $30,000.00 M ilitary Fund........................................ 20,000.00 $452,500.00 Two hundred and twenty-six thousand two hundred and fifty dollars to be raised by taxation in one year may look like a large sum of money. It is a large sum in the abstract, but when we come to consider it with reference to our population, or to the real value of our property, the sum is small. It amounts to a fraction over thirty cents to a person, and when you apportion it upon the real value of our property, the sum sinks into insignificance. The Auditor General has prepared a statement, taken from the census returns of 1860, showing the real value of the taxable property of the State to be two hundred and seventy-five millions of dollars. Two hundred and twenty-five thousand dollars raised upon this valuation, is less than one mill upon the dollar, a sum not at all burdensome to the people, and yet sufficient to keep the State moving forward in her onward march of prosperity and greatness. I know that the subject of taxation is one that addresses itself directly to the pockets of the people, and that the demagogue is ever ready to raise the cry of "high taxation" hoping thereby to win applause. To me, that cry has no terrors. The people are sensible, and will always sanction and sustain that which is just and proper. Michigan must move forward-she cannot retrograde or remain stationary. Her destiny, for the time being, is in your hands, and liberal and expanded views of state policy should govern your action. Whenever you make an appropriation, you should at the same time levy a tax sufficient to meet it, and the appropriation should not be expended until the money is actually in the Treasury. Heretofore it has been the policy of the Legislature to make their appropriations payable out of the General Fund, as if that fund were inexhaustible. The result has been that the institutions in whose favor the appropriations were made have been calling for money at the Treasury long before one dollar could, by any possibility, be realized from the taxes levied to meet the appropriation. Such a course of legislation will always put the executive department of your government in a false position, and I caution you against the further continuance of this policy. The Constitution and laws of the State impose upon the Executive onerous duties, and which require the exercise of judgment, both in the construction and execution of the laws. In exercising this judgment, I may have erred, but I have endeavored that such errors should always be in favor of the progress of the State, and I invite your closest scrutiny into each and every official act of mine. ï~~406 MESSAGES OF GOVERNORS OF MICHIGAN THE UNION. I should feel as if I were neglecting my duty and unfaithful to the high trust reposed in me, were I to remain silent when the whole country is excited, and the cry of disunion is ringing in our ears. We cannot shut our eyes to the painful truth that one portion of our common country is fast arraying itself against another-that already one of the sovereign States of this Republic has declared by a solemn ordinance of her people that she no longer forms an integral part of this Union, and that other States are expected soon to follow her example. Michigan cannot remain an indifferent spectator when she sees a sister State thus attempting to subvert the happiest government on earth, and dismember and break in fragments the union of the States. We love the Union. Our fidelity and loyalty never have been, and will not now be questioned. It is but natural then that we should wish to know what good cause, if any, really exists for this most unnatural estrangment of our southern sister. It is claimed that the non-slaveholding States are trampling upon the constitutional rights of the slaveholding, and that the Republican party was organized and has elected the President of the.United States for the purpose of aggression upon the institution of slavery in the States where it legally exists. We deny the charge. We say distinctly, that although we loathe and detest the institution of slavery, yet we have no intention of interfering with it in the States where it is now tolerated by law. Neither have we any desire or disposition to interfere with the constitutional rights of any one of our sister States. The constitution under which we have lived for more than seventy years was passed by slaveholders, and ratified by a slaveholding people. It is made up of concessions and compromises, without which it could never have been adopted, and we believe it to be the most perfect form of government that human wisdom could devise. It is not a pro-slavery instrument; on the contrary, its declared object is to "secure the blessings of liberty to ourselves and our posterity". It recognizes the existence of slavery as a State and not as a national institution, and provides for the rendition of the fugitive. It is a form of government created by the people and not by the States, and none but the people can abrogate it. Each and every part of that instrument is equally binding upon all, and no one part is more sacred than another. So careful were our fathers in guarding against the extension of slavery into the Territories-the common property of the United States-that two months before the adoption of the constitution, Congress passed an ordinance forever prohibiting slavery upon every foot of the Territories then owned by the United States. The institution of slavery was considered as local in its character, and of temporary duration. Gradually, however, has it increased both in to ï~~MOSES WISNER 407 magnitude and power until it now threatens our peace and demands nationality at the hands of the government, or in default thereof the compact entered into by our fathers shall be broken, and this proud temple of liberty desecrated to unholy purposes. For more than thirty years portions of our common country have shown a restlessness of spirit not at all compatible with our peace and harmony, and now, as if emboldened by the successes of the past, the startling doctrine is advanced that no real union has ever existed between us-that it was all a myth -that the. government which our fathers intended to be as lasting. as the hills, is really limited in duration by the will of any particular State-that Cuba, after we shall have purchased her for three hundred millions of dollars, may go back to Spain and again offer herself for sale in the market. Another doctrine, still more startling, if possible, _ than the former, is also advanced. It is that this mighty nation whose flag has floated in every sea, and in every clime, is now powerless in the hands of any State that may see fit to secede and treat her laws with contempt; as if the right of self preservation and protection were not inherent in every government! Are the army and navy of the United States "useless institutions", and only to be employed for the protection of slavery in the territories? Is there no virtue in that part of the Constitution which declares it to be the duty of the President "to take care that the laws be faithfully executed?" Is the oath which he takes "to preserve, protect and defend the Constitution", an idle mockery of words? The recent election of a Republican President is made one of the grounds of complaint against the North. The Constitution and the laws of the land point out the manner of electing the President. I believe the late election was conducted strictly in accordance with law. I have heard of no instance of alleged fraud in any one of the States casting its vote for the Republican candidate. No riot at the polls-no "stuffing" of ballot boxes-no fraudulent returns-no driving of free citizens from the polls at the point of the bayonet. On the contrary, all was peace and quiet, and the friends of the numerous candidates for that high office had a fair opportunity of being heard. It is true, that from all parts of our country the cry of secession and disunion was sounded, and the weak and timid were thereby sought to be influenced in the casting of their votes. The theory of our government is that the majority shall rule and that each voter may exercise the right of suffrage according to the dictates of his own conscience, and if we have erred because we exercised that right, it is an error that freemen will always commit. A Republican has been elected by the people to the highest office within their gift, and for four years from and after the fourth of March next he will be the President of the United States, unless the Almighty in His Wisdom, shall direct otherwise. We have confidence in his integ ï~~408 MESSAGES OF GOVERNORS OF MICHIGAN rity and ability, and believe he will administer the government with wisdom, firmness and moderation, and in strict accordance with all the requirements of the Constitution. It is claimed that the "platform" upon which he was elected is sectional in its character, and in conflict with the Compromises of the Constitution, and at war with the rights of the slave-holding States. I deny the charge. I do not deem it proper, on this occasion, to examine in detail the resolutions of the Republican party. They have been published throughout the length and breadth of the Union. Their merits and demerits have been thoroughly canvassed by an enlightened people, and a solemn verdict has been rendered in their favor, and now, after the battle has been fought and the victory won, the vanquished and discomfited opponents of this great party coolly ask us-under a threat of tearing and mutilating the "last will and testament of our fathers"-to give up and relinquish the principles of our party, and abandon all the flushed fruits of victory, even before we have plucked thenm from the tree. They go further, and ask us to cut down and cast into the fire the very tree which bore these fruits. We cannot consent. We are asked to surrender our manhood -to abandon principles which commend themselves to our consciences and to the civilized world-to forget the early teachings of Washington, Jefferson, Madison, Monroe, and of all the patriots of the revolution-to neglect our rivers and harbors-to forego a free homestead law-to re-open the slave trade, and to devote all the mighty energies of this great nation towards the extension and perpetuation of human bondage. Again I repeat, we cannot consent. The President of the United States, in his recent message, has seen fit to arraign the twenty-two millions of free people of the North, at the bar of public opinion, and to hold them up to the execration and scorn of the civilized world, as the inciters of servile insurrection-as the disturbers of the public peace and constant agitators of the Slavery question; and we are told by him, that "the long continued and intemperate interference of the Northern people with the question of slavery in the Southern States, has at length produced its natural effects;" and its "malign influence on the slaves and inspired them with vague notions of freedom," and that a "sense of security no longer exists around the family altar." Born as I was in the North, and loving and cherishing her free institutions; and called, as I have been, to preside over one of the free States thus directly pointed at by the President, I cannot pass by with indifference the libel thus heaped upon us. My own self respect, and that duty which I owe to the people of imy State-their honor and good name-will not allow me to remain silent under this calumny, lest the civilized world should deem that silence a confession of guilt. The charges thus preferred by the President, are general in their char- acter, "without time, place or attendant circumstances." I deny that ï~~MOSES WISNER 409 the North has ever sought to interfere with the question of slavery in the States. The right of the slaveholding States, "to form and regulate their domestic institutions in their own way," never has been questioned by the people of the North. It is true, we have discussed the question of slavery in all its bearings and particularly with reference to the introduction of that institution into the Territories of the West. If this be a crime, then indeed are we guilty. We have discussed it at our firesides, in. our primary meetings, in our Conventions and in the halls of Legislation; but always with temperance and moderation, fully recognizing and respecting the rights of the slaveholding States. When we cease to discuss that, or any other subject, at the dictation of any man or set of men, it will be when our Constitution no longer guarantees "freedom of speech or of the press;" when Bunker Hill is no longer remembered-when our ancestry and their glorious deeds, are alike forgotten. The free discussion of this subject, and of Republican principles by Republicans of the North, never finds its way into the South. There is a portion of the northern press which for base, cowardly and selfish purposes, has constantly, for the past six years, instilled into the minds of our southern brothers the vile libel that the Republican party is a party of aggression-a systematic organization, having solely in view the liberation of the slaves, and the inciting of them to insurrection-that the Republicans in the North are "fanatical abolitionists," and ever ready to welcome the slave with open arms, though he come with bloody hands from the charred threshold of his master. This press has always found free' circulation in the South. Southern papers have copied largely from it, and it is not surprising if at last the people of the slaveholding States have been made to believe these vile libels, and "hence a sense of security no longer exists around the family altar." Such publications, if made known to the slave, would be likely to produce a "malign influence upon his mind, and inspire him with vague notions of freedom." This servile party press merits, and will yet receive, the execrations of all good men. If there has been internperate interference of the people of the North with the question of slavery, are our Southern brothers wholly blameless? In eighteen hundred and fifty, the giant intellects of the nation, in Congress assembled, "compromised this exciting question," and passed a series of laws for the purpose of putting it forever at rest. The North and the South acquiesced, and the whole country became quiet. Excitenient died away, and a fraternal feeling was fast springing up throughout the country. In eighteen hundred and fifty-two, each of the great political parties passed resolutions deprecating all further agitation upon the subject of slavery, and declared that it was forever compromised and put at ï~~410 MESSAGES OF GOVERNORS OF MICHIGAN rest. The election passed off calmly. We had got rid of the exciting subject, and the patriot breathed more freely. It was a calmness, however that precedes the storm, and that storm soon burst upon the country in all its fury. The Missouri Compromise, that our fathers made thirty-three years before, was abrogated at the dictation of the South, that human bondage might be introduced into Territories which had been forever dedicated to freedom. As the stunning news of its abrogation passed over the country, we gazed upon each other in astonishment, and again the slavery question was opened with tenfold excitement. The patriot bowed his head, in grief as he heard the news, and the whole civilized world looked on in amazement, and wondered at the meaning of our boasted bill of rights: "All men are created equal." Again I ask, are our southern brothers wholly blameless? You are asked to repeal certain laws upon our statute books, known as "Personal liberty bills," which are claimed to be in conflict with the Constitution, and defeat the execution of the "Fugitive Slave Law," and deprive our Southern brothers of the right of temporary sojournment in our State with their slaves. If these laws are unconstitutional, and in conflict with the provisions of the fugitive slave law, then most certainly they should be repealed. The Constitution, and the laws of the United States, made in pursuance thereof, are the Supreme law of the land, and as such, are entitled to our highest consideration and respect, Congress, in 1850,'passed an act amending the act of 1793, providing for the rendition of the fugitive slave. This act is abhorrent to our nature, and degrades the free man of the North into a mere "slave catcher." It- authorizes the claimant to cause the alleged fugitive to be apprehended, with, or without process, and to be taken before a Commissioner of the Federal Government, who is required to hear and determine the "case of such claimant in a summary manner," and upon being presented with exparte affidavits, taken before some justice of the peace in a distant State, showing the identity of the alleged fugitive, and that he does, in fact, owe service to the claimant, to make a certificate authorizing his removal back to the State, whence he may have escaped. These exparte affidavits are by the act, made conclusive evidence of the right of the claimant to remove the alleged fugitive to the State whence he escaped, and by the terms of the act, the officer conducting these "summary proceedings" is to be paid a bounty for deciding against the fugitive. It denies him the right of compulsory process to obtain his witnesses. It denies him the writ of Habaes Corpus, and a trial by jury. In short, it puts him completely in the power of the "slave driver," and these exparte affidavits, gotten up in the dark, more than a thousand miles from his place of arrest, are made conclusive against his rights, and forever consign him to a hopeless bondage. Every provision of this "amendatory act" is at war with jus ï~~MOSES WISNER 411 tice and humanity, and more befitting the dark ages than the middle of the nineteenth century, and yet this act is a part and parcel of the "Supreme law of the land," and as such must be obeyed. The Legislature of 1855, passed two laws which met the approval of my immediate predecessor. The first is entitled "An Act to protect the rights and liberties of the people of this State." At the time of its passage, Mlichigan contained more than five thousand free colored citizeus, each of whom was liable to be seized and forcibly taken into some distant slave State and there sold into captivity. These citizens were as orderly and law abiding, (so far as' my observation has extended,) as an equal number of our white people in the same station in life, and it was the duty of the State to protect them in the free enjoyment of all their rights. This law was designed for their protection and not for the purpose of violating the Constitution or preventing the 3xecution of the fugitive slave law. It never has interferred with its execution. The President, in his message, tells us that the fugitive slave law had been carried into execution in every contested case since the commencemnent of his administration. The fugitive slave is to be executed exclusively from the Federal Courts and its commissioners and marshals, and not by the State authorities. There is no part of the statute of our State that contemplates interfering with the judicial proceedings of the Federal Courts in the execution of the fugitive slave law. It provides that "every person who shall falsely declare, represent or pretend that: any free person entitled to freedom, is a slave or owes service or labor to any person or persons, with intent to procure, or aid, or assist in procuring the forcible removal of such free person from this State, as a slave, shall be imprisoned not less than three nor more than five years in the State Prison." The law was passed to protect the free colored citizen from "forcible removal from the Slate as a slave" aend to punish his kidnapper. True, the act prohibits confining in our jails "any person arrested and claimed as a fugitive, under a penalty of not less than five hundred nor more than one thousand dollars." Has not Michigan exclusive control over her jails? Neither the Constitution of the United States, the fugitive slave law of 1793, nor the amendatory act of 1850, makes provision for or contemplates that the fugitive shall or may be confined in our jails. The government of the United States has her forts, arsenals, custom houses and marshals at her command, and is abundantly able to guard the fugitive from rescue without -resorting to our jails for protection. The other act of the Legislature-" already alluded to, is wholly upon the subject of the use to which our jails shall be put. In this act, the sheriff, or person having them in charge, is prohibited from confining therein any "fugitive slave." This act in no way conflicts with the constitution or fugitive slave law. The third and last "personal liberty bill" upon our statutes, is the act of ï~~412 MESSAGES OF GOVERNORS OF MICHIGAN,the Legislature of 1859, approved by me on the 15th day of February of that year. This law has been in force in our State for the past twenty-two years, with the exception of two lines in the act, which prohibits bringing "any negro, mulatto or other person of color into the State, claiming him or her as a slave." It is against these two lines that our southern brothers take offence, and you are asked to repeal the law because it prohibits them from sojourning in our State with their slaves. I deny their right to bring their slaves into the State and hold them here as such for one moment. If they may lawfully bring them upon our soil and hold them as slaves for one hour, they may hold them a day, a month, or a year. Concede the right to bring them here and hold theiim in servitude against their will, for any length of time, no matter how short,' and you concede the whole ground. Where do they get the right of holding slaves upon the free soil of Michigan? Certainly not by the decision of any court, either State or National. The decisions thus far have been uniform, that slavery is local in its character and cannot exist in the absence of positive law. That where the master voluntarily takes his slave into a free State, that moment "his shackles fall," and he is no longer a bondsman. But why argue this question? The foot of the slave has never yet pressed the soil of Michigan since the formation of our government, except in violation of law. Our fathers, in 1787, spread over Michigan an ordinance which declares that "there shall never be slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crime," and twice since Michigan came into the Union have her people adopted a Constitution containing the same sentiment. It is a part of the organic law of the State, and who can doubt the right of the Legislature to pass laws punishing the violators of that instrument? These laws are right, and speak the sentiments of the people, and are, as I believe, in strict accordance with the constitution, and ought not to be repealed. Let them stand. This is no time for timid and vacillating counsels, when the cry of treason and rebellion is ringing in our ears. It was upon the soil of Michigan that this great Republican party was first organized, and it does not now become us to surrender one principle of that party so long as we are right. We have no disposition to violate any part of the constitution of our country, and we will not violate it. The constitution, as our fathers made it, is good enough for us, and must be enforced upon every foot of American soil. The duty of surrendering the fugitive slave is not the whole of that instrument. Michigan cannot recognize the right of a State to secede from this Union. We believe that the founders of our government designed it to be perpetual, and we cannot consent to have one star obliterated from our flag. For upwards of thirty years this question of ï~~MOSES WISNER 413 the right of a State to secede has been agitated. It is time it was settled. We ought not to leave it for our children to look after. I recommend that you immediately pass a series of Resolutions, and forward copies thereof to our Senators and Representatives in Congress, expressing the sentiments of the people of Michigan upon the subject of our Federal relations. I would calmly, but firmly, declare it to be the fixed determination of Michigan, "that the Federal Constitution, the rights of the States and the Union of the States, must and shall be preserved." SENATORS AND REPRESENTATIVES: I have now performed the final duty imposed upon me by the Constitution, and as I retire to private life, I trust I shall ever bear in grateful remembrance, the high honor that has been conferred upon me by a free people. I commend my successor to your consideration, and bespeak for him the same kindness and courtesy that I received from your precedessors. I believe the honor and welfare of the State are safe in his and your hands, and I pray that the ever living God may guard and protect our Union. MOSEs WISNER. ï~~t ï~~GOVERNOR AUSTIN BLAIR ï~~r ï~~I J - ï~~AUSTIN BLAIR ï~~BIOGRAPHICAL SKETCH A USTIN BLAIR was born at Caroline, New York, Feb. 8, 1.818. His mother was born in Caroline; his father, though a native of Worcester, Mass., was a pioneer of Caroline, and Austin Blair was there raised to young manhood. There were four children, three sons and one daughter, of whom Austin was the oldest. His early education was received in the common school at Caroline, four months during the fall and winter seasons, the remainder of the year being spent with his father in the farm work. At the age of 16 he was sent during fall and winter to a "Select School" for two terms in the neighboring county of Tioga where he received training in Latin and the natural science. Beginning with the fall of 1834 he spent two years in Cazinovia Seminary where he commenced regularly to prepare for college. Later he entered Hamilton College, at Clinton, Oneida County, as a Sophomore, and continued there until the middle of the Junior year, when he changed to Union College, Schenectady, graduating in 1839. These years of classical training were characterized by the strictest economy, application to his studies, and the promotion of a student association intended to check the unfair monopolizing of honors and society privileges by college fraternities. His tastes were for study and thoughtful investigation. Both in politics and religion he was a fearless investigator, "caring very little for mere authority," as he says, which got him into trouble at Cazinovia, a denominational institution. Austin Blair's first step after college days was to commence the study of the law, the profession at which he had aimed from the first, and for this purpose he entered the law office of Sweet and Davis, at Oswego, N. Y., in 1839. He was admitted to practice in Tioga County in 1841, but in June of that year removed to Jackson, Michigan, and was admitted to practice in all the courts of the State. The Stgte was then new, having been admitted to the Union only four years before. He commenced to practice immediately, but the change of climate affected him seriously and his health suffered under that scourge of the new settlements in the west, fever and ague. In about a year he moved to Eaton Rapids, where he remained until 1844. While there he was elected County Clerk, but presently resigned and returned to Jackson. At this time he was in politics a Whig, as his father was before him, and during the campaign of 1844 he supported Henry Clay for the presidency. In the election of 1845 he was elected from Jackson County on the Whig ticket a member of the House of Representatives of the Michigan Legislature, which met in 184.6 in Detroit, then the capital, the last session to be held in that city. This was a very important ses ï~~418 MESSAGES OF GOVERNORS OF MICHIGAN sion, in which the statutes of the State were revised. He was a member of the committee on the judiciary and was all the while actively employed upon the revision. During this session capital punishment was abolished by law and has never been restored. This was done upon a very close vote after a very energetic contest, and Mr. Blair was very active among those in favor of the bill. "Experience has vindicated its wisdom," says Mr. Blair, "and I count it among the best pieces of work to which it has been my good fortune to contribute." During this session also he made an earnest report from the judiciary committee in favor of striking the word "white" out of the constitution of the State, as applied to electors, and then took the ground, which he never abandoned, against all color and race distinctions in the franchise. This displeased a large section of the Whig party and occasioned his defeat in the next election, when a Democrat was chosen in his place. In 1848 the defeat of Henry Clay in the Whig national convention and the nomination of Zachary Taylor for the presidency severed the last ligament that held him to that party, and he joined enthusiastically in the Free Soil movement. He went to the Buffalo convention, and was a member of the committee that nominated Van Buren and Adams for president and vice-president. This ticket had his earnest support throughout the campaign and received a much larger vote than the old parties anticipated. In fact the anti-slavery sentiment showed such progress in this campaign that the indications could not be mistaken that it would speedily revolutionize the politics of the State. In this way the contest was continued until 1854 when the Republican party was formed in Michigan. In the organization of that party Mr. Blair took an active part. The mass convention for this purpose was held at Jackson and he was a member of the committee on Platform of which Mr. Jacob M. Howard, afterwards United States Senator, was chairman. The convention put forth its platform which was radically anti-slavery, nominated a full ticket for state officers with Kinsley S. Bingham for governor, and won the election. At this election Mr. Blair was chosen State Senator for one of the districts of Jackson County. In the Legislature of 1855 many new measures were discussed and adopted in the interest of and according to the principles of the new party. Among these was the Personal Liberty law which originated in the Senate with Mr. Blair and Hon. Erastus Hussey. This bill encountered very heavy opposition. Some of the Republicans were not quite ready to go this length, but it passed and stood upon the statute book when slavery was, abolished. In 1856 Mr. Blair supported Gen. Fremont for president and took an active part in the campaign, in which Michigan gave Fremont a rousing majority. During all this time Mr. Blair kept about the practice of his profession, but his active participation in politics was a serious injury to ï~~AUSTIN BLAIR 419 his business. From 1856 to 1860 he was out of office and not a candidate for any place. In 1860, however, it was evident that the great contest was about to culminate in the campaign of that year. The National Convention was called early in the year at Chicago, and Mr. Blair was chosen one of the delegates to represent the State of Michigan, and was afterwards made chairman of the delegation. Michigan was earnestly for William H. Seward for the presidency and the delegation was so instructed. But Abraham Lincoln seemed to be the man of the hour and he was chosen, greatly to Mr. Blair's disappointment at that time. In supporting the nomination of Mr. Lincoln, he made a brief speech which expressed his feelings fully at the time. Returning from this convention Mr. Blair was nominated at the subsequent State convention for Governor of Michigan, and was elected by an overwhelming majority. He was re-elected in 1863 and continued to hold the office until January, 1865. This covers almost the entire period of the Civil War. To give anything like an adequate outline of the events of his administrations during those memorable four years would go beyond the limits of this sketch. From the beginning he gave evidence of being fully conscious of the gravity of the crisis, and at no time did he doubt the ultimate success of the Union arms. His views upon all the topics connected with the war are best expressed in the message to the Legislature at the time of the various orders issued from the office of the Adjutant General of the State. In the course of these four years more than 90,000 men were enlisted, organized and mustered into the service of the United States from Michigan. 'His retiring message delivered in 1865 contains in fitting terms a record of his leave taking of these troops. Mr. Blair left the office of Governor fairly impoverished. The salary was then only $1,000 a year. Its duties occupied his entire time and its expenses were then very considerable. His business was in consequence entirely broken up and he returned to it weary and to a great extent unfitted for its work. Two years later he was elected to Congress from the Third Michigan District and continued to represent that district for six years. The Reconstruction measures socalled were being perfected and carried into effect with a fierce party zeal that looked only to force for their success. While Mr. Blair regarded himself as a radical Republican, the treatment of the Southern states as conquered provinces and the humiliation of the whites in that section was much against his judgment. For the most part he kept silent and consorted with the more moderate men of his party, giving his influence as far as possible in favor of more conservative measures and voting in accordance with such views. He supported the impeachment of President Johnson, however, because, as he says, there seemed no other possible solution of the controversy between the President and Congress. ï~~420 MESSAGES OF GOVERNORS OF MICHIGAN At the election in 1868 Mr. Blair was chosen to the Forty-first Congress, and acted upon the Committee of Ways and Means. In this capacity he actively supported all measures calculated to hasten a return to specie payments. On the tariff question he consistently supported the principle of protection to domestic industries. In 1870 he was again elected to Congress, and acted as a member of the Committee on Claims, which was then a very important committee, having in charge the whole subject of claims including the claims growing out of the war. Many of these involved very new and trying questions. During this Congress he supported Mr. Hoar's Education Bill, the purpose of which was to apply the proceeds of the sales of the public lands to the purpose of education in the several states. He was strongly in favor of the Civil Service Reform, but was distrustful of Gen. Grant's sincerity in the matter. His speeches at this period show his growing dissatisfaction with the administration of President Grant. It was towards the close of the second session of this Congress that he lost the confidence of the administration altogether by moving in the House an investigation of the Navy Department in connection with what he regarded as the unlawful payment of the somewhat celebrated. Secor claim, and his subsequent activity in that connection. The nomination of Horace Greeley in 1872 furnished an opportunity to break with the administration, and Mr. Blair at once joined the ranks of the Liberal Republicans, an act which he says he never afterwards regretted for one instant. He took the stump for Greeley and assailed the administration to the utmost of his ability during the entire campaign, in which he made nearly a hundred speeches. Mr. Greeley was defeated, and Mr. Blair's service in Congress closed on the date of Grant's second inauguration. From that time Mr. Blair turned to his profession and ceased entirely to mix in the controversies of politics, though losing none of his interest in public affairs. In 1876 he supported Mr. Tilden for the presidency against Mr. Hayes, making a good many speeches in this campaign in Indiana and Michigan. Mr. Tilden was defeated, and later Mr. Blair admitted with candor that Mr. Hayes proved to be a much better president than he had hoped. Any great question involving principle aroused Mr. Blair and occasioned the display of rare powers of oratory. His emotions were sincere and deep, and while he exhibited none of the graces or arts of the trained orator, he spoke from the heart and moved the hearts of those who heard. It is not doubted that if he had been more pliant and yielding as a politician, the ambition of his life would have been gratified. He was ambitious to be elected United States Senator; he was the popular choice of the Republican party in the State when at least two legislatures were chosen. The combinations secured by others who had given more attention to practical politics, in both cases resulted in his ï~~AUSTIN BLAIR 421 defeat. Apropos of this, Mr. Blaine in his Twenty Years of Congress says: "Austin Blair, who had won great praise as Governor of Michigan during the war, now entered as representative of the Jackson district. He exhibited talent in debate, was distinguished for industry in the work of the House and for inflexible integrity in all his duties. He was not a party man in the ordinary sense of the word, but was inclined rather to independence in thought and action. This habit separated him from his friends who had wished to promote his political ambition, and estranged him for a time from the Republican party. But it never lost him the confidence of his neighbors and friends and did not impair the good reputation he had earned in his public career." According to the request of prominent citizens, without distinction of party, to accept the office of prosecuting attorney for Jackson County in 1885, Mr. Blair was elected by an overwhelming majority. He was nominated as a candidate for Justice of the Supreme Court by the Republican State Convention in 1887, but was defeated with the ticket. The practice of his profession was continued practically to the end of his life. Distinguished honors were conferred upon him in life and upon his memory. In 1864 Hillsdale College conferred upon him the degree of Doctor of Laws. The same degree was conferred by the University of Michigan in 1890. He was elected a Regent of the University in 1881. Mr. Blair died at Jackson, Aug. 6, 1894; the Legislature of 1895 appropriated funds for a memorial statute, which now stands in front of the Capitol in Lansing. ï~~ ï~~MESSAGES ï~~ ï~~1861 January 2, 1861. From Joint Docunents of the State of Michigan, Document 2, pp. 1-24. FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES: After a period of two years, during which the Legislative body has not assembled, we meet, charged with the duty of re-examining the laws and institutions of the State; to correct, so far as we may, the errors of the past in the light of experience, and to provide wisely, if we can, for the exigencies of the future. No higher trust than this can be reposed in a citizen. As the Representatives of the people, diligence and patriotism will become us. An earnest regard for their rights, interests and liberties, is a solemn obligation upon us. I have the highest satisfaction, in being able to congratulate you upon the general good order and prosperity of the State. The past year has been one of great fruitfulness. Bountiful harvests have put famine and distress far away from our doors. No pestilence has afflicted the people of the State; but general good health-has prevailed among them. The laws have been cheerfully obeyed by the mass of the people, and their infraction, by the criminal, has been promptly punished by a wise and patriotic Judiciary. The State has advanced rapidly in wealth and population. The census of 1860, taken under the laws of the United States, shows the population of the State to be, in round numbers, seven hundred and fifty thousand. Our soils are rich, and of great variety, producing in abundance all the crops which belong to this latitude. The State possesses immense forests of valuable timber, which are already a source of great increasing wealth. In minerals, Michigan is without a rival. Her mines of copper and iron are of the very finest quality; and, thus far seem to be measureless in extent. Coal, also, of good quality, is now proved to be abundant, while the explorations for saline waters in the Valleys of the Saginaw and Grand Rivers, have been entirely successful. Possessing a great area of territory, surrounded on three sides by the greatest chain of lakes on the Continent, furnishing a cheap and easy outlet to the ocean, and the markets of the world, Michigan has all the elements of an empire within herself. We have reason to be thankful to that "good ï~~426 MESSAGES OF GOVERNORS OF MICHIGAN providence" which.is rapidly guiding us in the course of a great, free, and happy commonwealth. The people of the State have adopted, with great unanimity, the amendment to the Constitution, proposed by the last Legislature, in respect to the sessions of your body. By that amendment, the limitation to the length of your session is substantially swept away. Experience, which is the true test of all institutions, have proved that biennial sessions of forty days are not always, if ever, sufficient to enable the Legislature to accomplish its work properly. Under that system, a somewhat careless haste took the place of that calm deliberation which is absolutely essential to the enactment of wise laws. The only limitation which remains, is the prohibition to introduce any "new bill into either House, after the first fifty days of the session shall have expired." And though this might be easily evaded, I have no doubt you will observe it in good faith, as a binding obligation upon you. You will also remember that the original limitation to forty days was enacted in accordance with the almost universal demand of the people at the time, and to correct what was deemed a great abuse. No future occasion, I trust, will occur to renew, among the people, a desire to restore the limitation. It becomes your duty, under Section 4, Article 4, of the Constitution, "to re-arrange the Senate Districts, and apportion anew the Representatives among the counties and districts, according to the number of white inhabitants, and civilized persons of Indian descent not members of any tribe." It will also be your duty to divide the State into six Congressional districts, pursuant to a ratio of population fixed by the act of Congress on that subject. In the construction of these districts, it will be obviously just and wise to consider the fact that the newer regions of the State will increase in population much more rapidly than the older; and the great inequalities likely to occur in the future, before another division is made, may be somewhat modified by the construction of districts with reference to their future increase. The districts ought to be, in their several parts, territorily convenient, as far as may be, and of harmonious interests. The Senatorial districts are limited in number, by the Constitution, to thirty-two, and the House of Representatives must consist of "not less than sixty-four, nor more than one hundred members." "The Act further to preserve the purity of elections, and guard against abuses of the elective franchise, by a registration of electors," passed by the last Legislature, has been subjected to the test of experience, and found very conducive to the object in view. The elections under it have been peaceful and orderly in a very unusual degree. Illegal voting is rendered well nigh impossible; and the confidence of the people in the fairness of elections, has been greatly increased. The inconveniences of ï~~AUSTIN BLAIR 427 registration which were much feared at the time of the passage of the law, have been found almost wholly imaginary, and I trust the act may now be regarded as a permanent regulation of the State. In one or two particulars, perhaps, the law might be rendered more convenient by amendment. There seems no very good reason why the elector should be required to register his "christian or baptismal name" in full. Some mistakes have occurred in this respect by which electors have been rejected at the polls, and I recommend you to consider whether the ends of the law might not be as well attained by allowing the elector to register his name as he usually writes it. I also recommend you to consider whether, in pursuance of the purpose further to preserve the purity of elections, it would not be well to enact a law for the suppression of the baleful practice of betting upon elections. It seems to me that the highest right and duty of a freeman is not a proper subject for gambling. The financial condition of the State will necessarily occupy your earnest and careful consideration. The credit and honor of the State must be preserved; and this can be done only by prompt payment of its debts, and full performance of all its obligations. Prudence and economy are the first duty of every government, as rashly incurring debt is the sure road to bankruptcy. We should at once adopt a permanant policy, looking to the steady reduction and final payment of the entire State debt. The Constitution, very wisely as I think, adopted such a policy, and required the Legislature to carry it into effect as early as 1852. By article 14, section 1, the specific State taxes (except those from the mining companies of the Upper Peninsula) are applied to the payment of the interest upon the Primary School, Univergity and other educational funds, and the interest and principal of the State debt, until the extinguishment of the State debt other than the amounts due the educational fund, and after that, such specific taxes are added to and constitute a part of the Primary School interest fund. The Legislature were also required "to provide for an annual tax, sufficient with the other resources, to pay the estimated expenses of the State Government, the interest on the State debt, and such deficiency as may occur in the resources." Section 2 of the same article, required the Legislature to provide by law, a sinking fund of at least twenty thousand dollars a year, and an annual increase of at least five per cent, to be applied solely to the extinguishment of the principal of the State debt, other than the amounts due to educational funds. Unfortunately for the best interests of the State, the Legislatureimmediately following the adoption of the Constitution disregarded these plain requirements of the instrument they had sworn to support, and subsequent Legislatures have followed that bad precedent. The sinking fund has never been created and the annual tax has rarely if ever been sufficient. ï~~428 MESSAGES OF GOVERNORS OF MICHIGAN The State debt, funded and fundable, not due Dec. 1, 1849, was $2,071,962.90. This debt, November 30, 1854, was $2,531,545.70. The funded and fundable debt is now $2,288,842.79. But this is not, by any means, the entire debt of the State. We have been rapidly making another, likely soon to rival this in amount, unless our policy is changed. The debt to the educational fund was, in the year 1849, Dec. 1st, $276,442.44. In 1854, Nov. 30, $681,699.73. The debt to the educational funds is now as follows: Primary School,....................................... $880,936.73 University,............................................ 1258,307.47 Normal School........................................ 44,345.78 Total,........................................... $1,183,589.98 The yearly interest upon the funded and fundable debt is $141,000. Upon the debt to the educational funds, $83,580.73. This debt to the educational funds accumulates yearly, to an amount equal to the whole amount of payments of principal moneys for the purchase of lands which are the foundation of the funds. In other words, the State borrows the money as fast as received, and stands debtor to the funds on its books, for the amount. I think it is time that this practice should cease, and therefore recommend to you the passage of an act, requiring the re-investment of the principal of the educational funds, whenever any considerable amount of such principal moneys shall be in the Treasury. Such investment might very well be made in the bonds of the State, or if they could not conveniently be purchased, some other safe securities might be found. In order to be prepared for this reduction of the annual resources, it will be necessary to fix a future day for its commencement. I also recommend you to provide for the sinking fund, in accordance with the requirements of the Constitution, to commence as soon as practicable. Schedule "L," in the Report of the Auditor General, contains a calculation upon the basis of forty thousand dollars a year, with five per cent. annual increase, which would, at five per cent., compound interest, pay the entire debt in twenty years. It is not so material that the yearly amount should be large, as that the fund should be in process of steady increase, making it certain that the entire debt will certainly be paid at no very distant day. Perhaps the amount fixed by the Constitution, ($20,000,) with an annual increase of five per cent, would be sufficient. I recommend, also, that you provide for a permanent annual tax of sufficient amount to pay the entire expenses of the State Government, over and above the resources, and to create the sinking fund, without any resort to borrowing, either from the educational funds or from any other quarter., The ultimate resources of the ï~~AUSTIN BLAIR 429 State will be abundantly sufficient to pay all its necessary expenses, and meet all its obligations promptly without borrowing9 and without being at all burdensome to the people. You will observe in the report of the Auditor General, estimates of the expenses and revenues for the ensuing year, by which it appears that the revenues are likely to fall considerably short of the expenses. This deficit seems to have occurred from a variety of causes, but chiefly from the extraordinarily large appropriations made by the last Legislature, in aid of the Asylums and other State Institutions. To relieve the finances from this embarrassment the Auditor General recommends the issue of stocks to meet the interest on our outstanding indebtedness, falling due in July, 1861, and January, 1862, and some other State indebtedness, amounting in all to about one hundred and fifty thousand dollars, payable at the pleasure of the State any time after two years; and to levy a State tax to meet the same. If no other resources can be found, then probably this must be done, if the Legislature has power to do it; but I feel exceedingly averse to adding anything more to the debt of the State. The contingent loan is very likely soon to become the permanent debt. The State is also largely in debt to the counties, and immediate provision should be made for its payment. These amounts are principally due to the new counties, and the natural and necessary hardships and embarrassments attending new settlements, are largely increased by their inability to realize the amounts due them from the State. It will be a shame to us if we allow this to continue. In view of the present condition of the finances, I earnestly recommend you to encourage no new schemes; to undertake no considerable additions to the public institutions of the State, and confine your appropriations to the actual necessities of the public service. It is exceedingly manifest that for some years past the State has been incurring burdens inconveniently heavy. We have been building too much and too fast for the revenues provided. It has also been a source of great embarrassment heretofore, that appropriations have been made out of the general fund, to be drawn immediately, while the taxes levied to meet them could not be collected in less than a year. The treasury is thus called upon to advance the money a long period before it can be reimbursed. This is evidently a bad practice, and should be avoided in future; at least until the treasury is sufficiently replenished to meet such a call. A very large part of the bonded debt of the State will fall due in January, 1868. You will see the necessity of providing for the re-issue of these bonds. Fortunately, the credit of the State is extremely good, and deservedly so. The resources are very large and yearly increasing, while ï~~430 MESSAGES OF GOVERNORS OF MICHIGAN the debt is moderate in amount. - State taxation has been very light, and there will be no occasion to make it at all oppressive for the future. I have not been able to see the report of the late State Treasurer, if indeed that officer has made any report. He stands charged in the report of the Board of State Auditors, whose duty is was annually to settle with him, and finally adjust all claims between him and the State, with gross violations of law, and mal-administration of his office. There is reason to believe that the Treasurer is a defaulter to the State in a considerable amount. For all the facts attending the defalcation I must refer you to the message of my predecessor. I earnestly recommend you to make a thorough and searching investigation into the condition and previous conduct of the Treasury department; and if any further legislation is necessary for the security of the public moneys, to supply the same. To direct the Attorney General immediately to prosecute the official bond of the late Treasurer, to which the State looks primarily for its security, and to use all legal means within the power of the State to recover the moneys which have been illegally withheld from the Treasury. There ought to be no temporizing with a defaulting public officer, but. the utmost rigor of the law ought to be applied to him. Officers in high places of public trust who wilfully misconduct themselves to the injury of the people, are criminals of the highest grade. They destroy public confidence, weaken the faith of men in the government and in each other, and undermine the very foundations of the public virtue. I recommend to your consideration the suggestions of the Auditor General, for the improvement of the laws providing for the assessment and collection of taxes. Sections eighty-nine (89) and one hundred and one (101) of the act number thirty-two (32) of the laws of 1858, have been found useless and vicious, and I think ought to be repealed. A portion of them have already been held by the Supreme Court to be without constitutional authority. Allowing a more liberal time for redemption, at very heavy interest, would no doubt have a much greater tendency to induce payment of taxes-which is the prime object-than the law as it now stands. Some further legislation seems necessary to enable the officers of the State to collect the specific taxes against corporations. I refer you to the recommendation of the Auditor General on this subject, in which I fully concur. The amendment of the Constitution, proposed by the last Legislature, concerning banking corporations, has been adopted by the people and is now part of the fundamental law. It is as follows: "The officers and stockholders of every corporation for banking purposes, issuing bank notes or paper credits, to circulate as money, shall be individually liable for all debts contracted during the term of their being officers, or stockholders of such corporation or association equally and ratably to the ï~~AUSTIN BLAIR 431 extent of their respective shares of stock in any such corporation or association." This amendment has removed the only insurmountable object to the Act of 1857, to authorize the business of banking. It is believed there is nothing now to prevent the making of a safe and beneficial law on this subject. Bank paper has become so important a part of the currency of the country, that commercial transactions can, with difficulty, be performed without it. It seems much better to supply ourselves with this currency, by. laws of our own, than to borrow from abroad that which is not only entirely beyond our control, but of which we have necessarily a very imperfect knowledge. The great problem seems to be, to make the bill always convertible into actual cash at the will of the holder, with the least possible delay. For.this purpose there can be no substitute for the payment of specie, by the bank, on demand. If any delay is allowed, the bill possesses none of the qualities of money. For the purpose of securing the bill holder against any default of the bank, the system of the deposit of State Stocks seems every way the safest and best. I recommend the whole Act in question, to your most careful and deliberate review. The previous law has not had the confidence of capitalists, and has been substantially a dead letter. The Asylum for the deaf, dumb and blind, at the city of Flint, seems to be fully realizing the benevolent objects had in view in its establishinent. The whole number of pupils during the past year, has been one hundred and twenty-three; though only ninety have been instructed at any one time. A portion of the buildings are still incomplete, and the Board of Trustees urge upon the Legislature, an early appropriation of a sum sufficient, not only for the ordinary and educational wants of the pupils, but also to complete and furnish all the buildings now in progress of erection. What amount will be sufficient for all these objects, the Board have not informed us. I regret exceedingly, that the State finances are in such a condition that I cannot recommend you to make any appropriation at present, for building and furnishing purposes; but only sufficient for the ordinary expenses of carrying on the Institution for the coming two years. The amount of appropriations to this Asylum since 1853, have been $193,000. Under the existing statutes, the pupils of this Institution are supported entirely by the State, except in the matter of clothing. I am unable to discover any reason why the pupils in this Asylum and their relatives, guardians, the city, town or county, that would be liable for their support when out of it, should not be liable for the maintenance of such pupils when in the Asylum, in the same manner as is provided in the case of insane persons, in section 33, of act 164, of the laws of 1859. I therefore recommend the passage of a similar act, in relation to the pupils in this Asylum. The Asylum for the Insane at Kalamazoo is now fully organized,. and ï~~432 MESSAGES OF GOVERNORS OF MICHIGAN has comfortable accommodations for one hundred and eleven patients. It is the duty, as it will no doubt be the pleasure of the Legislature, to further as fast as practicable the benevolent purposes of this institution. But, even the claims of benevolence must be regulated by sound policy, and the ability of the State to pay. It is idle to talk of appropriating the money which we do not possess. This Institution was commenced upon a very extensive, and I have no doubt, a very good plan. Its cost was estimated at $200,000. The Trustees, however, have since considerably extended the plan, and now estimate the entire cost at $275,000. They now ask a further appropriation of one hundred thousand dollars. As in the case of other public institutions, my duty requires me to say, that no such appropriation can reasonably be made. Neither do I think that any very serious evils will flow, from allowing the Asylum to wait for the completion of the buildings, until the State can be extricated from its present embarrassments. The State has been, and will continue to be liberal towards it. The appropriations made by law to the Insane Asylum since 1853, have been $237,000. The State Reform School is in very successful operation. An additional wing has been erected during the past year, at a cost of a little over eighteen thousand dollars. The present Superintendent, Rev. D. B. Nichols, has introduced into the School the new and milder system of discipline, with the happiest results. The Superintendent and the Board of Control recommend that the law in relation to the School be so amended as to prevent the sending of female offenders there, in which I fully concur. There are no proper accommodations for them, and cannot be without additional buildings. The Board have incurred a small debt of $1,494.28, by making repairs, in consequence of injuries to the workshops by fire, which I recommend you to provide for the payment of. There were confined in the School, on the 16th of November last, one hundred and thirty-seven persons. The ordinary expenses of the School for the past year have been $16,445.60; and the whole amount appropriated by law for building, since and including 1853, when the first appropriation was made, is $52,000. The Agricultural College has been a source of great anxiety to the State government, and a serious burden to the Treasury, ever since the commencement of its construction, in 1857. The Salt Spring Lands, or their proceeds, had been previously devoted to its establishment, and in that year an appropriation was made from the general fund, of $40,000; and in 1859, a further appropriation was made of $37,500, in all $77,500. It was founded, as declared by the law, to "furnish instruction in agriculture, and the natural sciences connected therewith," and was put under the control of the Board of Education. It has never seemed to be entirely free from embarrassments, in one way or other. Perhaps we ï~~AUSTIN BLAIR 433 ought not to be surprised at this. It is an experiment, to a great extent, and safe precedents for its conduct are wanting. It ought to be confined strictly to the object of its organization, and must not be a rival to the State University in any respect; but it should teach far more thoroughly and extensively the sciences that relate to agriculture than any ordinary College. Men who have given their lives to these sciences ought to be employed in it. In accordance with the opinion of the Board of Education, I recommend you to commit the future care of this College to a State Board of -Agriculture, of five in number, to be appointed as may seem to your judgment best. The expenses for the year 1860 have been $13,135.72. The Board ask an appropriation of $25,000--$15,000 to pay salaries for two years, and the remainder for buildings, tools, and the like. Most of it seems indispensable, if the institution is to go on, and I therefore recommend that the appropriation be made, or so much of it as you think essential. I refer you to the reports of the Board of Inspectors and Agent for particulars concerning the condition and finances of the State Prison, at Jackson. It will give you pleasure to learn that, for the past year, that institution has shown its ability to support itself; and there seems no reason to doubt that it will continue to do so in the future. The expenses for the past year have been $47,684.50; the earnings for the same time $51,538.26 -showing a balance of earnings over expenses of $3,854.76. The number of convicts now in the Prison is 621, being an increase over last year of 86. How long this ratio of increase will continue it is impossible to say, but it is greatly to be hoped that we have reached nearly the culminating point. The rapid increase in the number of convicts since 1853, has compelled the State to be constantly increasing the capacity of the Prison, to contain and work them. The Inspectors state that the present capacity of the prison, will give them but about sixty-two vacant cells, as a provision for future increase of convicts, and there is a lack of shop room. They ask in consequence, an appropriation of $32,000, for the purpose of building an "L", and two tiers of cells, and for expense of moving east wall and building workshops. The moving of the east wall, and the building of workshops, is no doubt indispensable; but I have great hopes that the building of the "L" and two tiers of cells, may be safely left for some other occasion. I think a building commissioner is no longer needed, and the office had better be abolished. I call your attention to the 61st subdivision of section 21 of the Act to revise the Charter of the city of Detroit, being Act No. 55, of the laws of 1857, by which it is provided, "that any Court of competent jurisdiction of the State of Michigan, may in its discretion, commit any male under sixteen, or female under fourteen years of age, to any workhouse ï~~434 MESSAGES OF GOVERNORS OF MICHIGAN or house of correction in that city, instead of the State Prison, who shall be convicted of any crime, now or hereafter punishable by imprisonment in. the State Prison." It is also provided, that all expenses atfending the confinement of such convicts, shall be paid by the State Treasurer quarter yearly, on the certificate of the City Controller, that such expenses have been actually incurred. You will observe that the State, while it is to pay these expenses, has no voice whatever in determining what they shall be. Perhaps this statute might be advantageously amended, so as to allow persons of any age, convicted in the county of Wayne, and sentenced for short terms, to be confined in the Work House of the City of Detroit, upon some fair arrangement as to expenses, to be made with the Board of Inspectors of the State Prison. And such an arrangement would have the effect to relieve, to some extent the State Prison from its constant excess of numbers, and as well, the Reform School. I recommend this subject to your consideration. The report of the Superintendent of Public Instruction will give you full and accurate information of the condition and progress of the public schools. This is by far the most important interest of the State, both as it regards the expenditure of money, and its influence upon the happiness, prosperity and progress of the people. The schools are the great nurseries of intelligence, patriotism and virtue. Your duties, as the constant guardians of this great and successful system, in which the people have a just pride, are always important. To elevate their character and increase their usefulness, is our steady purpose. To this end, the Superintendent recommends the creation of the office of County or District Superintendent, to take the place, in a great measure, of the present system of Township Inspectors. If this system should be adopted, and I hope it may, the counties would seem to furnish the best and most convenient local divisions for that purpose. The Superintendent also recommends "that the law for Union or graded schools should be so amended as to permit districts having one hundred children of legal school age to organize under it." I see no valid objection to this, and therefore recommend the amendment. These are the High Schools of the State. They now number ninety-four, and it is believed they are generally exceedingly useful and successful. Through them the opportunity for a liberal education, almost entirely free of cost, is put within reach of nearly all the children in the State. The two mill tax, provided for by law of the last Legislature, was intended to take the place of the one dollar for each scholar, to be voted by the districts, but by some mistake this last was not repealed. Probably the intent of the Legislature, had better now be carried into effect. I very much doubt the wisdom of making any change, at present, in the mode of distributing the proceeds of the school taxes. In endeavoring to avoid present inequalities, we shall incur the hazard of producing greater, ï~~AUSTIN BLAIR 435 in a different direction. Whenever districts find the income of the taxes insufficient to support the schools, it seems best for them to resort to the Rate Bill until the increase of population and wealth works a remedy. The income of the Primary School Fund last year was $115,813.30. There are over four thousand districts, containing two hundred and forty-six thousand six hundred and eighty-four children, of legal school age. There were engaged in teaching, seven thousand nine hundred and forty-one teachers, at a cost for wages of $467,286.50. There is invested in school houses and other school property $1,505,616.34. I refer you to the Report of the Board of Education for all needful information in regard to the State Normal School. The number in attendance upon all its departments is three hundred and forty-two. The amount of its expenditures during the past year, exclusive of building, has been something more than sixteen thousand dollars. I recommend you to consider whether the expenses of this institution cannot be materially reduced. The University of Michigan is under the care and control of a Board, of Regents, elected by the people. For details of their action the past year, I refer you to their report, accompanying the report of the Superintendent of Public Instruction. The Institution has now in full and successful operation, its three departments of Law, Medicine, Science, Literature and the Arts. The whole number of students taught there the last year, is five hundred and nineteen. The University merits, and I have no doubt will continue to receive the liberal patronage and care of the Legislature. Under its present intelligent guidance, it has risen to a very high rank among the best Institutions of learning in the country. The people naturally and properly look to it, to occupy the most important place in the educational system of the State. I recommend to your favorable consideration, the suggestions of the Board of Regents, 'in relation to measures to be adopted for the purpose of materially increasing the permanent fund of the University. The last Legislature enacted a law "to encourage the manufacture of salt in the State of Michigan," and by its provisions exempted from taxation, for any purpose, all property, real and personal, used for the purpose of boring for, and manufacturing that article; and at the same time provided for the payment from the Treasury of the State of a bounty of ten cents per bushel for all salt manufactured. The act, no doubt, stimulated explorations considerably, and with the best results. It is no longer doubtful that we have excellent facilities, and abundant saline waters, for this manufacture. Appropriate encouragement is wise, but the bounty is evidently much too large, being, in fact, it is said, fully equal to the entire cost of manufacturing the salt. I recommend you ï~~436 MESSAGES OF GOVERNORS OF MICHIGAN either greatly to reduce, or entirely abolish, this bounty, as you think most conducive to the public interest. In pursuance of the act of Congress granting the Swamp Lands to the State, the last Legislature provided for the drainage and reclamation of those lands by means of State Roads and Ditches. This act settled, and I think beneficially for the State, the question of the disposition of the lands which had long agitated the public mind. The act provided for the laying out and establishment, by Commissioners, of ten roads, and required the appointment of three Commissioners upon each of them. This act went directly into effect, and the Commissioners were appointed by my predecessor, and have been acting. It is thought that there may be danger, that among so large a number of Commissioners, the fund may be unnecessarily encroached upon by expenses of the commissions. I recommend to you to consider whether the work might not be more economically, and still quite as well done, either by a single Commissioner for each road, or by one or two commissions to have charge of all the roads. The experience of the State, in the disposition and substantial wasting of the five hundred thousand acres of Internal Improvement Lands heretofore, ought to teach us great care and caution. If judiciously managed, the proceeds of the Swamp Lands will be of immense advantage to the regions in which they lie. The Act, approved February 14, 1859, "to provide a Military Fund, in aid of the volunteer uniformed militia," and appropriating for that object, the sum of three thousand dollars each year, has, produced a most beneficial effect. Thus stimulated by the countenance and aid of the State, a considerable number of volunteer companies has been formed and well equipped, and the organization of the militia, which was almost abandoned, has been revived and placed upon a good footing. I recommend that the yearly appropriation for this object, be materially increased in amount. The United States supports but a very small standing army, and the great reliance of the government to defend itself against foreign enemies, and to put down domestic insurrection, is upon the militia of the States. It is neither safe nor wise, to allow the organization and discipline of the militia to fall into discredit or disuse. The military spirit of the people ought to be kept up, and their confidence in their ability to bear arms and defend themselves, should be fostered. In-point of expense also, it is much less burdensome to the people to pay a reasonable amount to support volunteer companies, than to call out the whole body liable to bear arms, as was the old method. Besides, the volunteer organization is much more effective, and forms a nucleus for a larger force, always to be relied upon. Gentlemen of the two Houses:-While we are citizens of the State of Michigan, and as such deeply devoted to her interests and honor, we have a still prouder title. We are also citizens of the United States of ï~~AUSTIN BLAIR 437 America. By this title, we are known among the nations of the earth. In remote quarters of the globe, where the names of the States are unknown, the flag of the great Republic, the banner of the stars and stripes, honors and protects the citizen. In whatever concerns the honor, the prosperity and the perpetuity of this great government, we are deeply interested. The people of Michigan are loyal to that government-faithful to its Constitution and its laws. Under it they have had peace and prosperity; and under it they mean to abide to the end. Feeling a just pride in the glorious history of the past, they will not renounce the equally glorious hopes of the future. But whether in peace or war, they will rally around the standards of the nation and defend its integrity and its constitution with fidelity. The existence of the government is threatened, not by enemies from without, but by traitors from within. The State of South Carolina, possessing a free white population of less than three hundred thousand, of all ages and sexes, has assumed to dissolve the national government. By a convention called under State authority, and without consulting any other State or people, and without the least discussion which seems to have been interdicted, she passed an ordinance annulling the laws and Constitution of the United States. In her own cherished phrase, she has seceded from the Union. If it could be properly done, I presume the country, generally, would be willing to let that restless, heady little nation, retire from the confederacy forever. But that cannot be, without admitting the right of secession to exist in all the States. This done, and no government remains to us; but only a voluntary association of States, dissolvable at the pleasure of any of them. If South Carolina may of right secede, then may also New York and Louisiana, thus cutting off the free right of way, of the entire North-west to the ocean, in both directions. The doctrine cannot be admitted. Self-preservation, if no other reason, would compel us to resist it. But the doctrine has no foundation in fact or reason. It is said, that.a State having entered voluntarily into the Union, may also voluntarily, and of right, withdraw whenever such State may think its rights are no longer.protected, or its interests secured, by the connection. And the State is itself, the sole judge in this respect. The argument is altogether fallacious-at war with every just idea of compact. If it were admitted that the Constitution and government of the United States is a mere voluntary compact of sovereign States, still it would not follow, that the compact might be at any time dissolved by any one of the contracting parties. That would necessarily depend on the terms of the compact itself. If the compact by its terms, or by manifest implication, was intended to be perpetual, then it could not be dissolved without the consent of all the contracting parties. The Constitution of the United States, if a compact at all, is one of ï~~438 MESSAGES OF GOVERNORS OF MICHIGAN government in the term of its continuance, without limit, and in its powers sovereign. It is also by its terms "the supreme law of the land, and the judges in every State are bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding." If the State of South Carolina regards this Constitution as a contract or agreement between States, then she is bound in good faith to keep it according to its conditions. She is bound to submit her grievances, if she has any, to the Congress established by the Constitution, in which she has an equal voice with the other States; and to abide by the decisions and acts of that body, so long as they conform to the fundamental law, and are within its granted powers. If the Congress shall usurp powers not granted, then the injured parties must resort to the Courts for redress. But the Constitution of the United States of America is not in any sense a compact or league between independent sovereign States. On the contrary, it is a foundation of government established by the people of the United States, as a whole, perpetual in its character, and possessing all the elements of sovereign power and nationality. This is plain from the instrument itself, and is fully stated by the preamble, as follows: "We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do obtain and establish this Constitution, for the United States of America." It is true, that the State organizations were availed of for the purpose of ratification; but it was only as a convenient method to ascertain the wishes of the people. By resolution of Congress on the 28th day of September, 1787, it was directed, that the report of the Convention, which included a Constitution for the United States, should be "transmitted to the several Legislatures, in order to be submitted to a Convention of delegates chosen in each State by the people thereof. The Constitution of the Federal Government, and the laws of Congress enacted under its authority, therefore operate upon individuals, and not upon States, in the same manner and with the like effect, as if there were no States. The Constitution of the United States was formed by the people of the whole country, in the same manner, and with the same effect as the State governments were formed in their respective jurisdictions. The States are independent of each other in all respects, and they are independent of the National Government in all the powers not granted by the people to that government, and as to those they are entirely subject.- There is, then, no right of secession in a State, but the State has the exclusive sovereignty over its domestic institutions and laws, and in respect to these the Federal government has no authority whatever. It results, that the purely local and domestic institution of slavery, wherever it exists in the States of this confederacy is wholly ï~~AUSTIN BLAIR 439 beyond the interference or control of the national government. In respect to the common Territories, however, the case is entirely different. The Constitution of the United States deals only with the people of the States, and has made no provision for the government of the Territories, unless the section authorizing Congress "to make all needful rules and regulations respecting the territory or other property belonging to the United States," should be held to be such a provision. The power to acquire and hold territory, carries with it the power to govern. From whatever source derived, therefore, the sovereignty over the Territories resides wholly in the General Government, and this is also in accordance with uniform practice. Slavery may be excluded from the Territories by law of Congress, and no State can lawfully complain of such action with any more show of reason than in case of Congressional action upon any other subject. Nor is there any power in the National Government to dismember itself. No power, but that of the people in their ultimate sovereignty, can do that. We are one nation, and our people indivisible, with a common government, and common interest. South Carolina is still a Stale of the Union in spite of her ordinance, and her people cannot be absolved from their obligation to obey the Constitution and laws of our common country. If there is no right of secession, still, it is said, there is a right of revolution against unbearable oppression. Grant it-this is not the country in which to deny that; but it ought to be a revolution against, and not in favor of, oppression. It must be justified by such clear and undeniable acts of usurpation as will justify rebellion before the civilized world. Of what acts do the slaveholding States complain? In what have they been oppressed? What right has been denied to them? We have had abundance of eloquent speech from them, and endless general complaint of aggressions upon them and their rights. But the charge still lacks specification. I deny the whole indictment. There have been no such aggressions. No right of theirs has been denied or refused to them by us. Our personal liberty laws furnish an example of no such denial. They were enacted for the protection and safety of free citizens of the State against kidnappers, and with no view to defeating the reclamation of actual fugitive slaves, under the law of Congress. That law is so entirely wanting in the usual safeguards against abuse of its provisions, that there is constant danger of its being used as a cover for the most nefarious practices. Michigan is a sovereign and independent State, and her first and highest duty is to guard the rights and liberties of her people. This she has sought to do by the laws in question. It is altogether her own affair, and with all due respect to the States of the South, she does not hold herself under obligation to justify her conduct in this regard to them. If they think these laws are unconstitutional, then the Courts of the United States are open to them, ï~~440 MESSAGES OF GOVERNORS OF MICHIGAN to have them so declared; and they may be assured that neither mob violence, nor any other power, will be resorted to to prevent the full measure of redress to which they may be entitled. As a law abiding people, we invite judicial scrutiny into the legislation of the State, and we are ready to abide its results. We ask nothing which we are not willing to grant to others. The State only seeks to maintain her rights under the constitution and laws of Congress. Less than that she cannot do. There seems, however, no intention in the Southern States to resort to this peaceful method of trial, provided by the. Constitution and laws; but we are told, we must immediately repeal these laws, or the government will be broken up, and the Constitution destroyed. I cannot advise you to listen to this appeal to your fears. I am not willing that the State should be humiliated by compliance with this demand, accompanied by threats of violence and war. For myself, I will wait until the Cotton States repeal their unjust and unconstitutional laws, which consign to imprisonment citizens of the free States visiting their parts on business, and guilty of no crime, and by which such citizens are sold into hopeless slavery. I will wait until they cease to murder and maltreat innocent citizens from the North, without even the forms of a trial; until the freedom of speech and of the press, guaranteed to us by the Constitution of the country, is restored in the Southern half of the Union, and until the reign of terror and mob violence is over. When the madness which rules the hour is past, and treason has been rebuked and crushed; when the Southern States, now threatening rebellion shall have returned to their loyalty, to the national constitution and government, and to obedience to the laws, then no doubt the State will be willing to do towards them, not only all that is just, but also all that is generous. I know very well it is said by eminent men in the free States, that we must repeal these laws, not because the South threatens us, nor because we wish to appease their wrath, but because the laws themselves are wrong. Yet it must be admitted, that even if we were to confess the wrong, which, on the contrary we deny, our conscientiousness would seem to have been quickened at a very peculiar season. Whatever we may claim about it, if the Personal Liberty laws are now repealed, the judgment of the country will be that it is done under the smarting of the Southern lash, and that judgment will be correct. Instead of such a course tending to restore peace in the country, its effect will be exactly the contrary. It is not concession that is needed now; it is patriotic firmness and decision. All the present evils either arise from, or are greatly aggravated, by the weak and compromising policy of timid men, in the past. Treason has been abetted and encouraged by humiliating expedients, until the malcontents of the present, feel secure in the temporizing precedents of the past. Let us ï~~AUSTIN BLAIR 441 have an end of compromises, and appeal only for constitutional rights. Besides it is not claimed or even pretended that the Personal Liberty laws have in fact had the effect to prevent the execution of the Fugitive Slave law in a single instance. They have stood as a mere protest on the statute book. And whenever an appeal has been made to the courts to enforce that law, it has been uniformly done in good faith, though some of its provisions are extremely distasteful to the people. It is not at the personal liberty laws that the secessionists aim. They openly scout at the notion that their repeal will satisfy them. Their war is upon the Constitution of the United States. That instrument does not answer their purposes, and they demand its amendment or its overthrow. Its great doctrine of government by majorities stands in the way of the establishment of the great slave Empire which they have set themselves to erect, with the infamous African slave trade for one of its pillars, and one way or another it must be destroyed. Governor Pettus, of Mississippi, in his late message to the Legislature of that State, sums up his reasons for secession with this pregnant question: "Can the lives, liberty and property of the people of Mississippi be safely entrusted to the keeping of that sectional majority which must hereafter administer the Federal Government?" That is the real question and the only one. Shall the Government continue as our fathers made it? Shall it be administered by majorities or shall a new one be constructed to be ruled by minorities. The people have, in a constitutional and legal manner, chosens an eminent citizen of the State of Illinois, President of the United States, and the South demand that we shall repent of it. That act has been accomplished by a wilful majority, and it is demanded that we give up the great principle of free government-the rule of the majority. We can do neither the one nor the other. We are satisfied with the Constitution of our country, and will obey the laws enacted under it, and we must demand that the people of all the other States do the same. Safety lies in this path alone. The Union must be preserved and the laws must be enforced in all parts of it at whatever cost. The President is bound to this by his oath, and no power can discharge him from it. Secession is revolution, and revolution, in the overt act, is treason, and must be treated as such. The Federal Government has the power to defend itself and I do not doubt that that power will be exercised to the utmost. It. is a question of war that the seceding States have to look in the face. They who think that this powerful government can be disrupted peacefully, have read history to no purpose. The sons of the men who carried arms in the seven years' war with the most powerful nation in the world, to establish this government, will not hesitate to make equal sacrifices to maintain it. Most deeply must we deplore the unnatural contest. On ï~~442 MESSAGES OF GOVERNORS OF MICHIGAN the heads of the traitors who provoke it, must rest the responsibility. In such a contest the God of battles has no attribute that can take sides with the revolutionists of the Slave States. I recommend you at an early day to make manifest to the gentlemen who represent this State in the two Houses of Congress and to the country, that Michigan is loyal to the Union, the Constitution and the Laws, and will defend them to the uttermost; and to proffer to the President of the United States, the whole military power of the State for that purpose. Oh, for the firm, steady hand of a Washington, or a Jackson, to guide the Ship of State in this perilous storm. Let us hope that we shall find him on the 4th of March. Meantime, let us abide in the faith of our fathers-"Liberty and Union, one and inseparable, now and forever." AUsTIN BLAiR. February 14, 1861 From Journal of the House of Representatives, p. 683 TO THn Houss or REPRESENTATIVES: I herewith transmit to the Legislature, joint resolutions of the States of New York and Indiana, for the appointment of commissioners from those States, to meet commissioners from other States in the city of Washington, on the invitation of the Legislature of Virginia. Being aware of the previous action of the Legislature upon this subject, I have hesitated before further calling attention to it; but it has seemed to me that the circumstances affecting the propriety of sending the commissioners, are so far changed as to justify a further consideration of the question. It is, perhaps, also proper for me to say that I have communications from some of the delegation in Congress, indicating, that while they have entirely approved of the previous action of the Legislature, they think that Michigan might now be represented in the so-called Peace Convention, with credit to herself, and benefit to the whole country. It is also said, that if commissioners can arrive in Washington.by the 20th instant, they will be in time to take part in the deliberations of the Convention. Without any expression of my own opinion upon this delicate question, I submit the whole question to the wisdom and patriotism of the Legislature, in which my confidence is perfect. AUSTIN BLAIR. ï~~AUSTIN BLAIR 443 February 15, 1861 From Journtl of the Senate, p. 459 TO THE SENATE: I acknowledge the receipt of the resolution of your honorable body requesting certain information in regard to the arms and military equipments of the State. In reply I herewith transmit the response of the Adjutant General to my demand for such information, which is all that is within my reach. Though the Governor is by law made Commander-in-Chief, yet practically the military department has been en----- tirely under the control of the Adjutant General, whose office is kept at a distance. It results that my means of knowledge in respect to that department are not of the most satisfactory kind. Very respectfully, AUSTIN BLAIR. February 21, 1861 From Journal of the House of Representatives, p. 910 TO THE HoUSE OF REPRESENTATIVES: The Board of Control of the Saint Mary's Falls Ship Canal, acknowledge the receipt of the resolution of your Honorable Body, requesting certain information concerning the Canal, its gross receipts and expenditures. The Canal was opened June 18, 1855, and the reports of the Superintendent for the time being will furnish most of the information sought, for each year since that time. A table is herewith transmitted, showing the gross receipts up to Nov. 30, 1860, together with the expenditures for that period, so far as the same can be ascertained. The items composing the aggregate of expenditures may be found in the monthly statements required of the Superintendent, but are too voluminous to be embodied here. I take this opportunity to transmit to the Legislature the annual report of the Superintendent for the year 1860. Also a statement of receipts and expenses from the books of the Auditor General's office. AusTIN BLAIR. ï~~444 MESSAGES OF GOVERNORS OF MICHIGAN February 23, 1861 From Journal of the Senate, pp. 598-599 TO THE LEGISLATURE: I herewith communicate to the Legislature the accompanying memorial of the Legislative Assembly of the Territory of Kansas, together with the letter of acting Governor Beebe in regard to the same. There is no longer any doubt that a large portion of the people of Kansas are suffering from the greatest of all calamities, famine. Their appeal is to the humanity of their neighbors who have plenty. The extent of the calamity is so great that the efforts of private and individual benevolence have proved inefficient for anything like adequate relief. The great State of New Yiork has appropriated from the public treasury the munificent sum of fifty thousand dollars, for the relief of the suffering people of Kansas. It will add to the just renown of that State. I recommend the accompanying memorial to your early attention. AUSTIN BLAIR. March 4, 1861 From Journal of the House of Representatives, pp. 1168-1169 TO THE Housa OF REPRESENTATIVES: I herewith return to your Honorable Body the act entitled An act relative to levies of executions on real estate, With my objections to the same. My objections relate wholly to the second section of the act, which makes invalid any unrecorded deed or mortgage as against a subsequent levy of execution on the same premises, unless the grantee named in the deed shall be in actual possession. No matter how honest the transaction may be, a careless or ignorant neglect to record the deed or mortgage for thirty days will turn the land over to the payment of another man's debt; and the result is the same though the execution creditor has actual notice of the existence of the deed or mortgage and of a full consideration honestly paid for the same. There is also a class of cases in which deeds have been actually recorded, but on account of some defect of form, were not legally entitled to record. In such a case, the record is a nullity, and under this second section I do not see anything to prevent the creditors of the grantor from seizing the premises and appropriating them with full knowledge of all the equities of the case. ï~~AUSTIN BLAIR 445 On the whole, I can see no good to arise from the change of the law contemplated by this second section to at all compensate for the dangers incurred. It seeks to overturn a well-settled rule that has existed for a very great length of time, and under which, I think, no serious difficulties have occurred which call for correction. Such changes, in any case, ought to be made with extreme caution, and only when the necessity for them is very clear. If the second section was stricken from the act I should very willingly approve it. AusTIN BLAIR. March 5, 1861 From Journal of the Senate, p. 822 To THE SENATE: I herewith transmit a communication from the Treasury Department, at Washington, asking a cession of jurisdiction over the territory required for the erection of certain light houses. The early erection of these structures is greatly to be desired, and I recommend the Legislature to comply with the request before the close of the present session. AusTIN BLAIR. ï~~1862 January 2, 1862 From Joint Documents of the State of Michigan, pp. 1-11. FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES: At the time of the adjournment of the Extra Session, in May, last, it was hardly contemplated that it would be found indispensable to call the Legislature together again within the year. The Southern Rebellion, just then initiated by the formal secession of several States, and the seizure of Fort Sumter by military power, had not yet assumed the gigantic proportions which it now wears. It found the loyal States in profound repose, diligently engaged in the cultivation of the arts and humanities which belong to peace, but wholly unused to war. They had long accustomed themselves to believe that under our form of government every dispute that could arise would be peacefully settled by the verdict of the ballot box, and when they perceived that a considerable number of States preferred the barbarism of war, and had deliberately appealed to the sword, they were illy prepared to meet that appeal. Of men, loyal, hardy, patriotic men, there were enough, and much more than enough; but of the knowledge of war, and of supplies of arms and munitions, there was a sad lack everywhere. Michigan, with more than a hundred thousand fighting men, had arms for hardly more than a thousand, and for military organization, she had next to none at all. The ordinary courses of trade and business had been rudely and almost instantaneously broken up, and new ones had to be sought out. Doubt and distrust were everywhere. In the midst of these conditions we started out to explore the new paths which were to be trodden hereafter. We were now to learn war; to create armies; arm and equip them for the field and send them forth to fight those against whom they had done no wrong and had never intended any, and who were bound by obligations the most solemn to keep peace towards them. The ordinary machinery of government has been found inadequate to meet the exigencies of our present rapidly changing affairs, and a frequent resort to the legislative power is rendered imperative. Nor ought this to be regarded as at all strange. It is only in the light of events themselves that their logic is clear, and human forecast cannot always be relied upon to meet the demands of the future. Especially is this true of times like the present. Our good Ship of State is driven before a furious gale, and the best navigator can hardly tell what of disaster the next wave may bring. It is the duty of every one on board, wisely, prudently, and bravely to stand ï~~AUSTIN BLAIR 447 always at his post. Michigan has endeavored to meet this responsibility faithfully-even enthusiastically. Whatever sacrifice has been required of her, she has at once prepared herself to make. Both by her gallant soldiers in the field and her patriotic citizens at home, she has promptly obeyed every call made by the Federal Government upon her, and I dare promise that she will not fail in this respect hereafter. The Congress of the United States, in consequence of the unusual magnitude of the demand upon the Treasury, caused by the war, has been compelled to resort to heavy loans, and is rapidly creating a large public debt, for the payment of the interest upon which it was necessary that new sources of revenue should be found. For this purpose an act was passed on the 5th day of August last, entitled "An act to provide increased revenue from imports, to pay interest on the public debt, and for other purposes". By section 8 of that act it is provided "that a direct tax of twenty millions be and is hereby annually laid upon the United States, and the same shall be and is hereby apportioned to the States respectively in the manner following: 'To the State of Michigan, five hundred and one thousand seven hundred and sixty-three and onethird dollars.' " The act then goes on to authorize the President of the United States to divide the States and Territories into convenient collection districts, and to appoint an assessor and collector for each district, and that each assessor may divide his district and appoint assistants. In section 13 of this act, it is further enacted, "that the said direct tax shall be assessed and laid upon the value of all lands and lots of ground, with their improvements and dwelling houses", with certain unimportant exemptions. It will be observed that this law introduces to us the United States assessor and tax-gatherer, individuals hitherto unknown to us, and whose acquaintance I think we are not desirous of making. The collector comes, also, with a new rule of taxation. He is to assess only the value of all lands and lots of ground, with their improvements and dwelling houses. The personal property is to escape altogether, if this rule is followed, and it seems that the constitution of the United States will permit no other rule to be adopted in case the tax is assessed and collected by the Federal Government. Section 53, however, enacts "that any State or Territory may lawfully assume to assess, collect and pay into the Treasury of the United States the direct tax, or its quota thereof, in its own way and manner, and by and through its own officers, assessors and collectors." And in case of such assumption and payment, or assessment and collection, a deduction of fifteen per centum will be made from the quota of direct tax apportioned to the State or Territory, notice of the same being given to the Secretary of the Treasury on or before the second Tuesday of February next. The same section (53) contains a proviso to the effect that "the amount of direct tax apportioned to any State shall be liable to be paid and ï~~448 MESSAGES OF GOVERNORS OF MICHIGAN satisfied, in whole or in part, by the release of such State, duly executed to the United States, of any liquidated and determined claim of such State of equal amount against the United States". And in that case the same deduction is allowed as in case of actual payment into the Treasury. In order to secure such a deduction it is also required that payment into,the treasury be made on or before the last day of June in the year to which such payment relates. The advantages' to be derived to the State from the assumption and payment of the direct tax, according to the provisions of the law of Congress, are so manifest and so great that I cannot doubt that you will adopt that course without hesitation. In that event it will be found that the State will be able to pay the entire amount of the tax due in June next, by its release to the United States, and without any resort to collections from the people, unless the tax should be increased by the present Congress, of which there is some probability. The gross amount of the advances which the State has made on account of the General Government in the raising of troops, is about five hundred and thirty-nine thousand dollars, which is likely to be increased in finishing what remains to be completed to about six hundred thousand dollars. Of this sum, ninety-two thousand dollars only has been refunded to the State from the appropriations made by Congress for that purpose. For exact amounts I refer you to the reports of the* Auditor General and State Treasurer. And for the precise details of the manner of the expenditure, and for what it was made, I refer you to the report of the Quarter Master General, and the vouchers and accounts of that office, and the State Paymaster on file in the Auditor General's office in pursuance of law. Accompanying this message I submit for the consideration of the Legislature, a circular transmitted by the Department of State at Washington, in October last, to the Governors of the loyal States, upon the subject of the fortifications of our sea and lake coasts. With this circular the public are already familiar. At the time of its issue it was difficult to perceive any adequate reason for it. In fact it seemed more likely to create ill blood and furnish the occasion for trouble with our immediate neighbors than to assure the continuance of peace. The circular is, however, altogether temperate in tone and without offence to any. Subsequent events have put an entirely new face upon the whole subject. The British people, both American and transatlantic, seem suddenly, and to us mysteriously, to have become possessed with the passion for war. Turning their backs upon all their history for the last half century, they are anxious to assist the assassins of liberty in the South to establish a slave oligarchy there upon the ruins of the American Union. It is patent to all the world that we seek nothing but peace with them. Involved in a trying domestic struggle, war with England, ï~~AUSTIN BLAIR 449 at any time a great misfortune, would be now an evil of incalculable magnitude. This the British government cannot fail to know. With our immediate neighbors of Canada we have been on terms of the most perfect amity for many years. Notwithstanding their strange excitement of late, our people still entertain the most friendly spirit towards them. We have not mounted a gun upon one of our dismantled forts, nor committed any act to disturb our friendly relations with them. All our business interests have become so interlocked that in our material progress, we have become almost as one nation. Our railroads and theirs are only parts of the same great lines, and our currency and business intermingles throughout the entire regions lying near the boundary. Nor have our relations with the mother country been much less intimate. British capital has been largely employed in the improvement of our country, and we have been, in turn, a valuable customer to them. And all this has been mutually beneficial. Can these people have thought what it will cost them, to destroy it? and do they see clearly what they will gain in its place by war? The apparent cause of the excitement was the seizure of Mason and Slidell, on board the British steamer Trent, but I cannot bring myself to believe that to be the real cause. It seems to be wholly insufficient to be made the ground of such a prodigious tempest, and I think it will before long be made clear, that the British Government has concealed designs, and only seeks a pretext for a rupture. Mason and Slidell, after being given a very mischievous importance by their detention, have now been given up to the English Government. Whether that course was wise or not, it does not become me to judge; at least, it does not change my purpose of recommending to you to put the State in a posture of defence as soon as may be, and for this purpose I think we need not so much fortifications as a full supply of arms for the people, and a powerful war marine upon the great lakes. Michigan is to be defended, if it comes to that, not upon her own ground, but upon the soil of Canada. Give us arms for the people, and the undoubted control of the lakes, and fortification may be safely left to the most convenient season. Not that fortifications would be useless, but that our main dependence cannot safely be rested upon them, for reasons too obvious to require a statement here. I recommend, therefore, that provision be made for the reorganization of the uniform volunteer militia of the State to constitute an active force, and the speedy enrollment of the entire body to be subject to draft at any time. This may be done under our present laws with some amendments, or by the adoption of a new system similar to that in force in the State of Massachusetts. It will not be necessary to incur very heavy expenses in effecting the organization until the force should be actually required for service, and for such an event adequate provision ï~~450 MESSAGES OF GOVERNORS OF MICHIGAN would require to be-made. In addition to the organization of our own forces, I think it would be advisable for the Legislature to urge upon the attention of Congress the great and immediate necessity of establishing at some safe and convenient point in the North-West, a great arsenal and manufactory of arms and munitions of war, and also a naval station, to be located in some safe, spacious and convenient harbor of the State of Michigan, as being by all means the most advantageous, both from the extent of her coast and her unrivaled resources in all the materials for ship-building. As to the particular locality, you, gentlemen, are the better judges. I also submit herewith a preamble and resolutions of the Board of Regents of the University of Michigan, 'v-hich the President of that body has requested me to lay before you. By the resolutions the Board proposes to establish a military school at the University, whenever the State will add to the fund $100,000,- securing a permanent additional income of $7,000 yearly. That such a department as the Board proposes to establish, would be exceedingly advantageous to us as a State, I presume no one will doubt. The war in which we are now engaged has proved that we cannot safely neglect the military education of our people. Whether the present is a fitting occasion for the establishment of the proposed school, all things considered, I must leave entirely to the better judgment of the Legislature. By the act of the extra session, approved May 10, 1861, the Governor was authorized to muster into the service of the State the volunteer militia, in number not to exceed one hundred companies, the Coldwater Light Artillery, and a corps of sappers and miners, not to exceed one hundred in number. At the time of the passage of the act it was supposed that this was as large a force as Michigan would be called upon to furnish in any event. Such, however, was not the case. The whole force authorized by the law has been put into the field, and the State has raised, and is now raising, eleven regiments more, the United States government paying the expenses, making twenty-one in all; besides six batteries of light artillery, a squadron of cavalry, and a number of organized companies of infantry, which have joined regiments in other States, making a total of troops furnished by the State of Michigan of about 24,000 men. For details in regard to these forces, I refer you to the full and complete report of the Adjutant General. The aggregate cost to the State, of organizing, uniforming, paying, transporting and subsisting the troops authorized by the law, including the First Regiment, which was mustered out at the end of its three months' term of service, and was re-organized, has been thus far, as heretofore stated, $539,428.91; and I am confident that when the whole is closed, which will now be very soon, the entire cost will not exceed $600,000. When it is taken into account that a very large amount of the contracts were neces ï~~AUSTIN BLAIR 451 sarily made payable in war loan bonds at par, which were regarded as worth but ninety cents on the dollar, in the market, and that a very considerable portion of the expenses have been incurred for recruits to fill up regiments already in the field, which had become reduced by sickness or otherwise, I believe it will be found that nowhere in the Union has the like service been performed at a less expense. I think it may also be safely affirmed that no troops have taken the field better provided in all respects, (with the single exception of transportation trains,) than those from Michigan. Of the troops themselves, both officers and privates I can speak in terms of unreserved commendation. They have honored the State from which they went forth. Never, since Michigan became a State of the Union, did she occupy so high a position among her sister States, as now. This I attribute to her firm, consistent and loyal course throughout the whole controversy. While it was a question of politics the voice of Michigan was never doubtful. Her principles were plainly set forth and in all constitutional ways she maintained them firmly. When it became a question of war, with equal alacrity her people flocked to the standard of the Union to defend their constitutional liberties with their lives. In these straight paths I believe they will continue to the end. Some differences of opinion have arisen in regard to the proper construction of the law assigning the duties of the Military Contract Board and the State Military Board. It does not seem entirely clear as to which of these is the proper Auditing Board. I recommend that the doubt be removed by amendment. I recommend, also, a careful revision of the act "for the relief of the families of volunteers by counties". As the law now stands it seems to offer a premium to the volunteer to retain the entire amount of his wages received from the United States, and leave the support of his family entirely to the county. The burden upon the counties is becoming very heavy, and the relief does not seem always to be wisely applied. Perhaps the law Iight be so changed as to make the relief to the families depend upon the volunteer first securing to his family by allotment some reasonable proportion of his wages. Great favoritism, also, is said to be used by some Supervisors, in the dispensation of the fund. For the purpose of correcting this, it is worth considering whether some system of proofs, to be submitted to the Supervisor, might not be adopted, which should be uniform in all cases. It has also been made a question whether troops raised not under the State laws, but by authority from the War Department, were entitled to the benefits of the law at all. It would gratify the Independent Regiments, so-called, if all distinctions between Michigan troops were now removed. The whole subject is submitted to, and I think requires the earnest attention of the Legislature. ï~~452 MESSAGES OF GOVERNORS OF MICHIGAN In the act for the organization of the new county of Keweenaw, a blunder occurred in the boundaries of the territory, which has occasioned some perplexing questions in regard to the legality of the action of the people in the matter. I recommend that a law be enacted fixing the boundaries correctly, and confirming what has already been done in the organization of the county. Some time since I gave to Mr. Henry T. Q. D'Aligny, a commission to be a Commissioner for this State at the International Exhibition of the works of Industry and Art, to be held in London in 1862. It seemed to me especially desirable that the attention of the capitalists of the world should be drawn to the great mineral resources of Michigan, and for this purpose no method appeared to promise better success than the representation in this exhibition. It was then supposed that every facility would be furnished by the British government to exhibitors from all nations. This will, no doubt, still be the case, unless our relations with that country should be further complicated by events hereafter to take place. Of course the Commissioner will have no pecuniary assistance or salary unless the Legislature grant it. I submit the question entirely to your decision. In October last Gov. Kinsley S. Bingham, one of the Senators in Congress from this State, died at his home in the county of Livingston. By virtue of the second sub-division of section three, of the first article of the Constitution of the United States, it will be your duty to fill the vacancy. Gentlemen of the two Houses: I cannot close this brief address without an allusion to the great subject that occupies all men's minds. The Southern rebellion still maintains a bold front against the Union armies. That is the cause of all our complications abroad, and our troubles at home. To deal wisely with it, is to find a short and easy deliverance from them all. The people of Michigan are no idle spectators of this great contest. They have furnished - all the troops required of them, and are preparing to pay the taxes and to. submit to the most onerous burdens without a murmer. They are ready to increase their sacrifices, if need be, to require impossibilities of no man, but to be patient and wait. But to see the vast armies of the Republic, and all its pecuniary resources, used to protect and sustain the accursed system which has been a perpetual and tyrranical disturber, and which now makes sanguinary war upon the Union and the Constitution, is precisely what they will never submit to tamely. The loyal States having furnished adequate means, both of men and money, to crush the rebellion, have a right to expect those men to be used with the utmost vigor to accomplish the object, and that without any mawkish sympathy for the interest of traitors in arms. Upon those who caused the war and now maintain it, its chief burdens ought to fall. No property of a rebel ought to be ï~~AUSTIN BLAIR 458 free from confiscation-not even the sacred slave. The object of war is to destroy the power of the enemy, and whatever measures are calculated to accomplish that object, and are in accordance with the usages of civilized nations, ought to be employed. To undertake to put down a powerful rebellion and at the same time to save and protect all the chief sources of the power of that rebellion, seems, to common minds, but a short remove from simple folly. He who is not for the Union unconditionally in this mortal struggle, is against it. The highest dictates of patriotism, justice and humanity combine to demand that the war should be conducted to a speedy close upon principles of the most heroic energy and retributive power. The time for gentle dalliance has long since passed away. We meet an enemy, vindictive, bloodthirsty and cruel, profoundly in earnest, inspired with an energy and self-sacrifice which would honor a good cause, respecting neither laws, constitutions nor historic memories, fanatically devoted only to his one wicked purpose to destroy the government and establish his slaveholding oligarchy in its stead. To treat this enemy gently is to excite his derision. To protect his slave property, is to help him to butcher our people and burn our houses. No. He must be met with an activity and a purpose equal to his own. Hurl the Union forces, which outnumber him two to one, upon his whole line like a thunderbolt; pay them out of his property, feed them from his granaries, mount them upon his horses, and carry them in his wagons, if he has any, and let him feel the full force of the storm of war which he has raised. I would apologize neither to Kentucky nor anybody else, for these measures, but quickly range all neutrals either on the one side or the other. Just a little of the courage and ability which carried Napoleon over the Alps, dragging his cannon through the snow, would quickly settle this contest, and settle it right. If our soldiers must die, do not let it be of the inactivity and diseases of camps, but let them at least have the satisfaction of falling like soldiers, amid the roar of battle, and hearing the shouts of victory, then will they welcome it as the tired laborer welcomes sleep. Let us hope that we have not much longer to wait. AusTIN BLAIR. January 8, 1862. From Journal of the Senate, pp. 52-53. 1 TO THE LEGISLATURE: I hereby respectfully call the attention of the Legislature to the following subjects, and recommend action thereon: 1st. It was understood that act No. 107 of the laws of 1861, being ï~~454 MESSAGES OF GOVERNORS OF MICHIGAN "an act to amend an act entitled an act to provide for the drainage of swamp lands, by means of State roads and ditches", had provided that all contractors under the law since its passage, might select lands in payment, in any county of the Lower Peninsula. Such, however, is not actually the case. I recommend that the law be amended in this particular, and in any other which may be necessary, to conform it to the actual intention of the Legislature. 2nd. It is represented that in one or two instances, County Agricultural Societies are likely to suffer immediate loss, unless they can be allowed to mortgage their real estate. I recommend the enactment of a law which will meet such cases. 3rd. The act to provide for the incorporation of institutions of learning, approved February 9th, 1856, contains no provision authorizing the alteration of the articles of association. In at least one case, I am aware that such a power has come to be very essential. I therefore recommend that the law be so amended as to give such power, under proper restrictions. 4th. I herewith transmit a joint resolution, directing the Commissioner of the State Land Office to issue certificates for certain swamp lands to Peter F. Pfunstid and John Roust. These men seem to have substantially complied with the law under which the certificates were authorized to be granted, but have omitted some of its formal requisitions. I recommend the passage of the resolution. 5th. I recommend the repeal of act No. 230 of the laws of 1861, and of the act of which the same is amendatory. 6th. It is represented that there is an immediate necessity for some amendment of the act to amend an act to incorporate the board of education for the city of East Saginaw. I submit the subject to the Legislature. 7th. I recommend that section 5, of act No. 187, of the laws of 1859, on the subject of salaries of judges of probate, be amended so as to fix more certainly its meaning, and to equalize more nearly between estates the amounts to be paid by them. AUSTIN BLAIR. January 9, 1862. From Jouriual of the House of Representartives, pp. 92-93. TO THE SENATE AND HoUSE OF REPRESENTATIVES: I respectfully recommend to the attention of your honorable bodies the following subjects: 1st. It is represented by the State Treasurer that he has not sufficient ï~~AUSTIN BLAIR 455 rooms at the Capitol for the transaction of the business of his office, nor vaults for the safe keeping of the books, moneys and securities. An addition to the present offices, at an expense of about two thousand dollars, will supply what is desired. I herewith transmit specifications for such a building as is required; plans of which are in the possession of the Deputy Treasurer. 2nd. The Board of State Auditors have had before them a claim of the St. Mary's Falls Ship Canal Company for the remission of certain taxes upon their lands heretofore paid under protest; and they recommend that a joint resolution be passed authorizing the Auditor General. to settle and adjust the claim with said company according to act No. 61, of the laws of 1853. I recommend that such a joint resolution be passed. 3rd. On account of some informalities in the assessment and levy of the taxes in the county of Crawford for the year 1861, I recommend that a law be enacted to legalize the tax roll for that county, and to extend the time for the collection of. taxes thereon. I also recommend a like law for the township of Dayton, in Tuscola county. 4th. The Grand Rapids and Indiana Railroad Company desires an extension of the time for complying with the requirements of existing' laws, to which I can see no objections. 5th. A company of infantry was formed in the county of Van Buren, during the last summer, with a view to joining a State regiment, and was assigned to the 6th regiment, but being doubtful whether that regiment would go early into service, they declined to muster into the State service, and subsequently joined a New York regiment in Sickles' Brigade. Under existing laws there is no authority to pay the expenses of raising and subsisting this company. Whether it will be proper to authorize such payment by law now to be enacted, I submit it entirely to the Legislature. I presume there are other cases similar in some respects. 6th. Mrs. I. W. Ingersoll, of Detroit, lately visited Charleston, for the purpose of relieving, as far as possible, the Michigan prisoners confined there, and she has, I believe, to a considerable extent, supplied them with clothing and other things, freely given by their friends, and of which they were in great need. She has necessarily incurred considerable expenses in freight bills and her own traveling expenses, all which I felt myself, without legal authority, in duty, bound to pay. I recommend the Legislature to authorize the auditing and payment of these expenses. 7th. At the last regular session, a bill was passed relative to "levies of execution on real estate", but which I declined to approve, on account of some objections to the second section. The first section, however, ï~~456 MESSAGES OF GOVERNORS OF MICHIGAN is not only without objection, but I think much needed. I therefore recommend its passage at this time. AUSTIN BLAIR. January 15, 1862 From Journal of the Senate, pp. 136-137 TO THE SENATE AND HOUSE OE REPRESENTATIVES: I submit for the consideration of the Legislature, the subjects following: 1. An amendment to the act to incorporate the Oakland Female Seminary, approved March 30, 1859, so as to allow the board of trustees to be filled. 2. I herewith transmit the petition of certain citizens, in regard to the St. Mary's Falls Ship Canal, and recommend that the law be amended as proposed by the Superintendent and the said petition. " 3. An act to attach certain townships of land in the county of Houghton, to the towns of L'Anse and Portage. 4. To amend chapter 68 of the compiled laws, so as to allow religious societies to amend their articles of association. 5. An act to provide for the formation of a company to improve the harbor at White River, in the county of Muskegon. 6. That the statute, in relation to the appointment of guardians for insane persons and those who are mentally incompetent, be so amended as to allow of the appointment of a temporary guardian to have charge of the property, pending the application for such appointment of guardian. AUSTIN BLAIR. ï~~1863 January 7, 1863 From Joint Documents of the State of Michigan, pp. 3-31 FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES: The People of Michigan have committed to us the responsibilities of the State Government for the coming two years. We assemble to enter upon our duties in a time of great seriousness and public trial. It will become us to pause at the threshold of our term and survey the work before us, acknowledging our entire dependence upon that Divine Providence which is constantly over us alike in war as in peace. The state of the country and the temper of the times demand a cautious wisdom and patriotic energy in every department of government. Our first duty is naturally and properly with the internal affairs of our own fast growing Commonwealth. And here we are not without many causes for congratulation. After some years of difficulty, the State finances are free from embarrassment, all the avocations of business flourish, harvests are abundant, general health prevails, and the diffusion of education is almost universal. The public order has been maintained, and all the institutions of civil government hold undisturbed sway to the general happiness and security of the people. Our one great need is national peace, and the only road to that leads through the gate of victory. FINANCES. I extract from the report of the State Treasurer the following statement of the present financial condition of the State: "The total amount of receipts of the office for the fiscal year is............................................. $1,124,595.10 The balance against the Treasury, and ink my favor, Nov. 30, 1861, was.................$27,179.79 The total of payments for the year, is.......896,624.69 Leaving a balance in the Treasury of.........00,794.62 $1,124,595.10 STATE DEBT. The funded debt of the State is as follows: 1. Full paid "$5,000,000 loan" bonds, 6 per cts., due January 1st, 1863.................................... $177,000.00 2. Adjusted bonds, 6 per cts., due Jan. 1, 1863............ 1,746,185.00 ï~~458 MESSAGES OF GOVERNORS OF MICHIGAN 3. Temporary Loan, 7 per cts., due Jan. 1st, 1878........ $50,000.00 4. Renewal Loan, 6 per cts., due Jan. 1st, 1879.............216,000.00 5. Canal Bonds, 6 per cts., due Jan. 1st, 1879.............100,000.00 6. War Loan, 7 per cts., due Jan. 1st, 1886...............607,300.00 7. Outstanding Internal Improvement Warrants........ 3,553.75 FUNDABLE DEBT. 8. $140,000 outstanding part paid "$5,000,000" Loan, which, when funded, will amount to........................80,999.80 Total of funded and fundable debt................ $2,981,038.55 THE TRUST FUND DEBT. Is made up of the following items, to wit: Primary School Fund................................. $753,801.73 University Fund....................................... 185,887.33 Normal School Fund..................................22,453.47 Rail Road Deposits.................................... 2,217.32 Total........................................... $964,359.85 The wise legislation of your predecessors has placed the public credit of the State upon a firm basis. Adequate sinking funds were provided for the gradual but certain extinguishment of the present debt, and a system of taxation inaugurated which is not burdensome, but sufficient for all present needs, thus preventing any further increase of the State debt. In this connection I have only to recommend that this policy be continued; that no new schemes, involving large expenditures, be undertaken, and that for the payment of all extraordinary appropriations, a tax be levied at the time. In pursuance of the act entitled "an act to provide means for the redemption of the bonds of the State, maturing January 1st, 1863," approved March 11, 1861, negotiations have been entered into for the exchange and sale of the 2,000,000 loan bonds, and the objects of the act fully accomplished. I think it may now be said that the turning point in the financial affairs of the State has been safely passed. Under the "act authorizing a war loan," bonds have been issued and sold to the amount of six hundred and seven thousand three hundred dollars, and the money has been expended in pursuance of the law. The principal portion of this sum has been expended in raising and equipping troops for the General Government, and for which the State has a claim for reimbursement. The accounts and vouchers have been forwarded to Washington for allowance, and no doubt will be adjusted ï~~AUSTIN BLAIR 459 in due season. When so adjusted the amount will be due to the State less the direct tax due from the State to the National Government, amounting to $426,498.84. STATE PRISON. The number of convicts confined in the State Prison November 30th, 1862, was 410, showing a decrease in two years of 211. This is to be accounted for by the state of the country. The sound of the fife and drum on the Southern border has called to the camp most of those restless and reckless spirits who are easiest tempted to the commission of crime. Financially the Prison has been less successful the past year than heretofore. The reduction in the number of convicts has produced a corresponding reduction of the amount received for convict labor, while the expenses could not be reduced in the same ratio. By an unfortunate fire a portion of the workshops was destroyed, and had to be rebuilt at a cost of $5,439.27. These causes, with some others of less importance, have made the prison for the last year, to some extent, a burden to the State Treasury. I am satisfied, however, that this is no fault of the officers. The management has been skillful and economical, and under more favorable circumstances it would have proved self-sustaining. The discipline of this Prison has steadily improved, which I attribute, in a great measure, to the wise statute, giving to every well behaved convict a liberal deduction from his sentence for his good behavior and orderly conduct. The appeal to the hopes of the prisoner has been entirely successful. His love of liberty is stronger than his fear of the lash. After all Jie is still a man and every amelioration of the hardships of his condition meets a response from his better nature. The act authorizing the Board of Inspectors, in their discretion, to release life convicts from their solitary cells, and allow them to labor like other convicts, has proved entirely safe, as well as humane, for the same reasons. The exercise of the pardoning power, I have found the most difficult and trying of all my duties. So to temper justice with mercy, as to protect society, and yet to some extent spare the criminal, restore him to the path of virtue and to his friends, is the problem which it is not always possible to solve. A detailed account of my doings in this respect will be submitted as a supplement to this Message. I a m not aware'that any legislation is now necessary for the benefit of the State Prison. STATE REFORM SCHOOL. The number of boys now confined in the Reform School is 183: The number received during the year has been 72, while the number dis ï~~4600 MESSAGES OF GOVERNORS OF MICHIGAN charged.is 34; being an increase of 38. The school has now become one of the permanent and cherished institutions of the State, and deserves the watchful care of the Legislature. I am surprised at the extraordinary increase of the number of boys the past year. The Board of Control call for more room, and if this rate of increase go on they must have it, unless some other disposition can be made for the future increase. It is worth while to consider if the present laws are not putting too many boys in this school. The great body of them are sentenced by justices of the peace. Is this judiciously done? Is not the road made too easy, so that some boys come here because their parents and friends wish only to be rid of them. The institution is very burdensome to the treasury, costing some fifteen thousand dollars a year. The Board recommended an appropriation of fourteen thousand dollars to build a wing extending east from the north end of the present building. Whether, all things considered, this is best, I must leave to I he better judgment of the Legislature. My own opinion is, that it will not be wise to increase the numbers in this school, but to make provision for placing the older and more hardened offenders elsewhere. In any case, I think the family system, with farm labor, is to be preferred. DETROIT HOUSE OF CORRECTION. By section 11 of an act approved March 15, 1861, the Board of Inspectors of the State Prison were authorized to contract with the city of Detroit for the confinement and maintenance, in the Detroit House of Correction, of persons convicted of any offense punishable by imprisonment in the State Prison, provided that the compensation to be paid should not exceed one dollar per week, and that the persons so contracted for should be male convicts, between the ages of sixteen and twenty-two years, and all females. The city of Detroit has been anxious to make this contract, but the Inspectors have refused, for reasons stated by them in their report, at page eleven. I have been furnished by the Superintendent with a printed copy of an act which it is proposed to ask the Legislature to adopt, settling this disagreement. The first section constitutes the House of Correction a "State Penitentiary," and the second places it under control of a Board of Inspectors, to be appointed by the Common Council of the city of Detroit. To this State Penitentiary it is proposed to allow all the courts of the State, in their discretion, to sentence any male convict between the ages of sixteen and twenty-one years and all females. The law of 1861 was recommended in my inaugural message of that' year, for the purpose of giving to the Inspectors of the State Prison, the power to relieve the prison of some of the burden of excessive members, if it should become necessary, and I suppose was adopted by the Legislature for the same reason. The rapid reduction of the number ï~~AUSTIN BLAIR 461 of convicts sentenced to the prison, which was then unlooked for, has entirely disposed of that object. One entire wing of the State Prison is now untenanted, and it is difficult to perceive any good reason for creating a new State Penitentiary at this time, and certainly I could never recommend it upon any other principle than that the State should purchase the institution and assume the entire control of it. THE AsYLUMs. I commend to the fostering care of the Legislature, the Asyluni for the Deaf, Dumb and the Blind, and for the Insane. They are both well conducted I believe, and are realizing as far is possible, the benevolent objects sought in their creation. The buildings' of both of these institutions are still, to a great extent, unfinished, and no doubt sound policy requires that they should be completed as soon as the finances will admit of it. Still I cannot advise the taxation necessary for the entire completion of the buildings now, but perhaps the appropriation of some moderate amount at this time, might bring into use portions of the buildings, to their great benefit. For detailed information on this subject, I must refer you to the reports of the several Boards of Trustees, where the objects and wants of the Asylums are fully set forth. Si. MARY'S FALLS SHIP CANAL. The receipts from the St. Mary's Falls Ship Canal for the current year, over and above all expenses, have been fifteen thousand dollars. The canal is in good condition, and its business steadily increasing. By an Act of " the Legislature, approved March 11th, 1861, the entire receipts from tolls are set apart for the purpose of reimbursing such sums as are due the several counties, on account of taxes remitted by the State on lands belonging to the Canal Company, except such sums as may be required to pay the current expenses of the canal, and also the interest accruing upon the canal loans, guaranteed by the State. It is very desirable, as soon as possible, to reduce the tolls so as merely - to be sufficient to pay current expenses and keep the canal in repair. This was, no doubt, the intention of Congress in making the grant of land for its construction. Already nearly twenty millions in value of property pass through this canal yearly, and the amount cannot fail to increase rapidly for years to come. The immense amount of mineralores, both of iron and copper, to be found in the Upper Peninsula will continue more and more to attract labor and capital to that region, increasing wonderfully its wealth and productions. The canal is its most natural and cheapest outlet. The Superintendent has submitted, in his annual report, a variety of facts intended to show that the present rates of tolls operate unjustly upon steam vessels, and he argues ï~~462 MESSAGES OF GOVERNORS OF MICHIGAN that the tolls upon such vessels ought to be reduced. His principal arguments are: 1st, that it is much more expensive running steam than sail vessels; and 2nd, that sail vessels carry a tonnage much larger, in fact, than that at which they are rated, while steamers carry, necessarily, very much less. Whether there is any such inequality as to require legislation to correct, I recommend you to inquire; and also, whether a general reduction of the tolls may not properly be made at this time. MUSKEGON RIVER IMPROVEMENT. The Legislature of 1857 passed "an act to provide for the improveiment of navigation on the sand flats of the Muskegon river," and approprialed for that purpose "fifty thousand dollars to be paid from the Internal Improvement Fund of this State." In pursuance of this act a contract was made with Hon. John A. Brooks, and the work completed and accepted by my predecessor. The Internal Improvement Fund was exhausted at the time of the passage of the law. There was nothing to appropriate from it, and, therefore, the contractor got nothing for his work. The contract was assigned by Mr. Brooks to one William Beard, who in good faith, it appears, expended considerable sums of money in the completion of the work. Mr. Beard came before the last Legislature with his claim, and the action taken upon it is contained in joint resolution No. 11, approved March 9th, 1861. The joint resolution, after reciting the main facts affecting the claim, takes the ground that the contract with Mr. Brooks was illegal and void, lie having been at the time a member of the Legislature that passed the act, but in consideration of the value of the work and the good faith of Mr. Beard, the claim was referred to the Board of State Auditors for adjustment, and the amount found equitably due was directed to be paid in State Swamp Lands, at the m"inimum price per acre, upon the claimant filing with the Board his receipt in full. This settlement Mr. Beard has declined to accept, and I am advised that the claim will be again presented at this session. It is very certain that the Legislature of 1857 never intended to pay for that improvement in cash. They were led, I think, to believe that there were some internal improvement lands still unsold which might be made available for this. purpose, to some extent, and that capitalists in that quarter would furnish the remainder necessary to do the work. They were willing to encourage the improvement to the amount that might remain unexpended of the fund, but no further. I can only counsel that this claim, if presented, should be very thoroughly examined. Strict justice should be done, if possible, and the rights of the people, as well as the claimant, carefully guarded. ï~~AUSTIN BLAIR 463 SWAMP LANDS AND ROADS. The act of successive Legislatures devoting the swamp lands to their own reclamation and improvement by means of State roads and ditches, may now be considered as having established a definite policy upon that subject. There can be no question that the settlement and improvement of the central and northern portions of the State have been greatly accelerated by it. The system has now only begun to show the benefits which will be reaped from the completion of some of the main lines of road. It would have been more wise, I believe, if the Legislature had confined the expenditures mainly to these lines, instead of allowing so many roads of mere neighborhood importance, and I hope that hereafter this error may be avoided. Many roads have been authorized which it is of no present importance to build, and seemingly with no view except to give to each section its share of the lands. We need be in no hurry to be rid of these lands. They are steadily growing in value, and those that seem nearly worthless now, will in a few years oomnand a fair price. It is one of the evils of a new country that the people undervalue the low, wet lands and the timber. The war has retarded the work upon the roads this year very much, but a good deal has still been done and is now in progress. The sales of swamp lands for cash have fallen off to a small amount, being only $5,188.30 for the year, owing to the large amount thrown upon the market at lower rates by the road contractors. SALT MANUFACTURES. The manufacture of salt has become a large, permanent, and rapidly increasing business in this Stale. The saline waters are abundant, and of excellent strength and quality, and there is every reason to believe that they will be found throughout a very extended territory. A large amount of capital is already employed in the manufacture, and large quantities have been produced. For the security of purchasers and the credit of manufacturers alike, I think there should be some system of inspection adopted, and therefore recommend you to consider the question. AGRICULTURE AND THE COLLEGE. The encouragement of the pursuits of agriculture has been always a cherished object with the people of Michigan. One of the mandates of the constitution to the Legislature, is that it "still encourage the promotion of intellectual, scientific and agricultural improvement, and shall, as soon as practicable, provide for the establishment of an agricultural school." This duty was undertaken none too soon, but was not entered upon wisely. The school itself was set in operation much too early, and before any adequate provision had been made for its ï~~464 MESSAGES OF GOVERNORS OF MICHIGAN support. The result has been constant failure and disappointment. By a strange oversight, the farm was selected and located in the woods, as if our young men needed to be taught scientifically the business of chopping and logging thus postponing anything like experimental farming for years. Having no endowment upon which to rely,. the College has necessarily always been a solicitor to the Legislature for appropriations, and the people have grown weary of it to some extent in consequence. It is not strange, therefore, that it has not been able thus far to assume that commanding influence in the agricultural affairs of the State that it should do, and otherwise might have done. There are many better farms in the State than the College farm-much better stock and more scientific farming. And yet I think there is a steady improvement. The errors committed in the organization are being remedied by time and more judicious management. We ought not to expect too much at first. The founding of a great institution of learning is the work of time, and more especially so when, as in the present case, the' course of instruction is to a great extent new. It is necessary first to' educate teachers who are fitted for the new professorships, or to find such as fully comprehend the scope of the enterprise, and the means essential to its success. The confidence of the community has to be obtained, both in the permanence of the institution and its ability to accomplish what it purposes. By the legislation of the last regular session, the College was to some extent reorganized, and its management was transferred to a new board, called The State Board of Agriculture, and, as I think, with good effect. All the objects sought by this legislation have not yet been attained. The board itself was organized in pursuance of the law, but no permanent Secretary has yet been chosen, principally for the reason that adequate funds to pay his salary and expenses were not within the control of the board. It was thought, also, that the times were not propitious for setting on foot the enterprises contemplated in the duties assigned to the Secretary. The board have made very considerable improvements, and still kept well within the appropriation. They ask for the same appropriation as for the last two years, to wit, ten thousand for each year, which I recommend. Seventy-two students have been educated at the College during the past year, while considerable numbers who contemplated admission have entered the military service. By an act of Congress, approved July 2nd, 1862, there was "granted to the several States, for the purposes hereinafter mentioned, an amount of public land to be apportioned to each State, a quantity equal to thirty thousand acres for each Senator and Representative in congress, to which the States are respectively entitled by the apportionment under the census of eighteen hundred and sixty, provided that no min ï~~AUSTIN BLAIR 465 eral lands shall be selected or purchased under the provisions of this act." Section 4 of the act is as follows: "Sec. 4. And be it further enacted, that all monies derived from the sale of lands aforesaid, by the States to which the lands are apportioned, and from the sale of land scrip hereinbefore provided for, shall be invested in stocks of the United States, or of the States, or some other safe stocks yielding not less than five per centum upon the par value of said stocks, and that the moneys so invested shall constitute a perpetual fund, the capital of which shall remain for ever undiminished (except so far as may be provided in section fifth of this act), and the interest of which shall be inviolably appropriated by each State which may take and claim the benefit of this act, to the endowment, support, and maintenance of at least one college where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts in such manner as the Legislatures of the State may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life." Section five prescribes more particularly the conditions of the grant, which are all wisely intended to preserve it from destruction. I make no doubt that you will hasten immediately to accept this munificent grant, made by a most enlightened Congress. It amounts to two hundred and forty thousand acres, and is, by the act, to be selected within this State. It will be necessary for you to provide for the selection and disposition of these lands, as well as of the fund to be derived from them under the conditions of the law of Congress. I can see no better plan than to select these lands and dispose of them at the same prices and in the same manner as the primary school lands are, and have been disposed of. As to the application of the funds, the Agricultural College is already in existence, and is just such a college as the grant contemplates, with the exception of the military professorship, which can be easily added. If it is to be maintained at all, then this endowment is precisely what it needs and should have. This is an important subject, and I hope you will give it careful consideration. EDUCATION. The public schools continue to be the most cherished as they are by far the most important institutions of the State. They are the only true and firm foundation of public and private virtue, morality and power. The Legislature has already been liberal and faithful to them. The funds set apart for their maintenance and support have been sacredly preserved, and the interest wisely used. It is still our duty to study carefully the best means by which the benefits of the schools ï~~466 MESSAGES OF GOVERNORS OF MICHIGAN may be extended and increased. It is yet possible very greatly to improve the Primary Schools in particular, by extending the course of study, and making it more thorough; by adopting a more effective and intelligent supervision, and most important of all, by providing more competent teachers. It is in the Primary School that the great body of the people find their only education. Every improvement in these reaches beneficently nearly every child in the State. I recommend your earnest attention to the full satisfactory report of the Superintendent of Public Instruction on this subject, in whose recommendations, or nearly all of them, I most heartily concur. The whole number of children in the State between the ages of 5 and 20, is 261,323. The whole number who attended the Public Schools the past year, is 207,332. The University of Michigan is steadily increasing in reputation and usefulness. Already it ranks among the foremost of the great institutions of learning in our country. The whole number of students educated there during the past year in the various departments, is 615. Its corps of Professors numbers 25; to which it proposes to add one of Military Engineering and Tactics. The Board of Regents, however, indicate that this cannot be done unless the State will provide the mieans, the income of the University being insufficient for that purpose. The object is a very important. one, and should be encouraged if the State finances will permit. The income during the year, from all sources, is $47,394.99. The State Normal School is still very successful. The number of students in attendance during the past year was as follows: In the Normal department................................. 407 In the M odel School....................................... 86 The Board of Instruction consists of eight male and three female teachers. The expenses for the year have been about $11,000. PUBLIc BUILDINGs. It seems a necessity that some addition should be made to the public buildings at this Capitol. It would be exceedingly desirable if we could at once commence entirely new buildings suited to the present wants of the State, as the old ones are not. That, however, is not to be thought of in the present condition of affairs. The State Treasurer and Auditor General are now crowded into a space quite too narrow for the business required of them. I recommend either that some addition be made to the present building, or some other course be taken to relieve them, as may seem to the Legislature most advisable, ï~~AUSTIN BLAIR 467 MILITARY. The military department, which before the war was regarded as of a slight importance, and was generally dismissed in the messages of Governors with a paragraph, now demands the principal place. To it nearly all my time and attention have been given for the past two years, and to it they must still be given. We are yet engaged as actively as at the beginning, in raising troops. The total number raised, and organized in the State since the beginning of the war, is 45,569. Of these, 24,281 were sent to the field before July last; 987 (the Lancers), were disbanded before leaving the State. The quota of the State under the calls of July last, was.................................. 23,372 Of which there have been raised as follows: Thirteen Regiments and a Battery, sent to the field..... 13,759 Recruits for old Regiments since July 2d.............. 2,162 Provost Guard, at Detroit Barracks................... 101 Estimated, strength of Regiments yet recruiting........ 4,400 -- -20,402 Remaining to be raised to fill the call................. 2,970 The State has now in the field twenty-six regiments of Infantry, one regiment of Mechanics and Engineers, six regiments of Cavalry, and eight Batteries. There are recruiting in the State, two regiments of Infantry, one regiment of Sharp-shooters, three regiments of Cavalry, and two Batteries. The returns of the late Military Census showed an aggregate, subject to draft, of ninety-five thousand, in round.numbers. Many of the older regiments have become greatly depleted in numbers, and their efficiency correspondingly impaired. To reinforce these, and bring them up again to the maximum standard of strength, is at present the most imperative demand of the service. It is certainly much easier to keep up the quota of the State by raising new regiments, than by filling the old ones, but both justice and sound policy forbid such a course. To abandon the old regiments, which have fought with marked distinction through all the campaigns of the war, would be to disregard the first principle of military success, the pride of the soldier in his corps. It would also be in disregard of the importance of military skill and discipline. New recruits put into old organizations; under trained and competent officers, are of much greater value to the service than if organized into new bodies, with officers unused to war. They quickly catch the spirit, and acquire the skill of old soldiers. It is far better for the soldier himself, because by contact with men of experience he is led to avoid the bad habits so ruinous to the new soldier, and to adopt those which tend to preserve his health and life. ï~~468 MESSAGES OF GOVERNORS OF MICHIGAN There is nothing from which the new regiments have suffered so fatally as a causeless disregard of the rules of health as applied to camp life. Notwithstanding the obvious advantages of enlistment in old regiments, it has been found impossible to fill up their ranks while new ones are raising in the State. The superior activity of new officers on the ground working for their commissions, with the ambition of the soldier for the non-commissioned offices of the company, have swept the great body of recruits into the new organizations, and so it will continue while new regiments are raising. To get clear of this difficulty it is proposed to organize no more new regiments after the present are completed. The recruiting will then be confined wholly to the regiments in the field. When this shall have occurred I anticipate but one remaining difficulty, and that grows out of the vicious but well intended system of citizens' bounties. As soon as the dra ft is over no doubt those bounties will entirely cease. They have been the cause of endless trouble. Being of various amounts in different localities, those seeking to enlist have been induced to offer themselves wherever the highest bounty was offered. The result has been a very injurious bidding between different places, and very much higher bounties have been paid than reason would dictate. Appeals have been constantly made to the cupidity instead of patriotism of the 'citizen to enlist, to that extent degrading the service. In consequence some have enlisted merely to obtain the bounties, and have then deserted disgracefully. The evil has grown not out of the fact that a bounty is offered, but out of the want of uniformity in amount. When the citizens' bounties cease I think we must have a substitute for them, or the enlistments will also cease. What shall that substitute be? I can think of nothing but a uniform State bounty,, moderate in amount, to be paid only to those who enlist in the regiments and batteries now organized and organizing, on their being mustered into the service of the United States. The amount of the bounty I think should be fifty dollars, and it might be paid from the war loan of which there remains a balance unexpended, of near $400,000. Perhaps it would be well to give a discretion to increase that loan by two 'hundred and fifty thousand dollars in case the money should be required, which I do not anticipate. If this plan should be adopted there is no reason to doubt that the Michigan regiments can be kept in efficient force. One of the principal sources of encouragement to enlistments is the law for the relief of the families of the volunteers, when in destitute circumstances. In the main the law is well administered and is productive of great good. In a few localities, however, there are hard, unsympathising supervisors, who exercise their discretion, not only without humanity, but with positive cruelty, if my information is correct. I do not know as it is possible to remedy this. A discretion must 'be ï~~AUSTIN BLAIR 469 left somewhere, and any change might result in an increase of the evil. I recommend you to consider whether an appeal might not be allowed from the supervisor to some county officer, in such cases, with authority to review his action, and thus increase the probabilities of justice being done. Such an appeal may now be made to the board of supervisors, but it is an inconvenient tribunal to reach, consisting of a considerable number and assembling but seldom. The duty of the State to its soldiers does not cease with their enlistment. It should follow them to the field and the hospital, and make its active sympathy and aid manifest in all their trials and sufferings. The Government of the United States does all it can. It furnishes abundant supplies of every kind, and, to the soldier in health, all that is necessary. It furnishes good and sufficient hospitals for the sick and wounded, and nurses and attendants in number enough; but it cannot make sure that they will all do their duty kindly and well. It is in the hospital that the soldier needs sympathy and hell). He who is bravest in the active duties of the field, grows a child when languishing of disease in the hospital. Far away from friends, the tedious hours drag heavily, and he sighs for home and. the attendance he was accustomed to there. He is one of a thousand, and the physician comes on his hurried round once a day, looks sharply at him, makes a hurried prescription and passes on. So it goes on for weeks, and perhaps months. The physician ceases even to call, and says truly he can do nothing for him--the nurses neglect him and he steadily declines. It is not medicine he wants. Send him home, and the bracing air of his native clime, and the cheerful voices of sympathizing friends, will restore him to manhood again like magic. Leave him there in that hospital and he will die. That, lie knows well himself. He begs for a discharge, and is told that there is not much the matter with him, and he will soon be well. Meantime, through the carelessness of his officers, he has no descriptive list, and cannot get his pay; lie is therefore soon without money. That soldier needs somebody to go from Michigan to help him, and his case is that of a thousand. As a last resort, he writes to me, or gets a friend to do so; but I have no contingent fund at my control; no money appropriated for such a purpose. The State needs at least two active agents, to travel all the time among the hospitals, with a small amount of money at their command, to be used in the way of loans to sick and discharged soldiers, until they can receive their pay, for the purpose of sending them home. A contingent fund of ten thousand dollars would be ample for this purpose, and I earnestly recommend you to provide it. ï~~470 MESSAGES OF GOVERNORS OF MICHIGAN The "Act for the re-organization of the military forces of the State of Michigan", approved January 18, 1862, by some illconsidered provisions, has created confusion in the laws in regard to the military services during the war. The act was intended for the better organization of the militia of the State, and to create a State military fund for the purpose of maintaining that organization, but not to supersede the war loan act, or any of the laws providing for the raising of troops for the war. The fund provided has none of it yet come into the treasury, and when it does, will be totally inadequate in time of war to pay the necessary expenses. Yet the act provided, in section 94, that "all expenses incurred for the maintenance of the military forces of the State, by virtue of any of the provisions of this act, shall be paid by the State Treasurer from and out of the State military fund. The provisions of the act contain the law for a draft and the recruiting service. The repeal of section 94, and an amendment of section 96, so as to serve from repeal the "act to provide a military force, approved March 10th, 1861," and the act amendatory thereof, approved May 10th, 1861, would remedy the difficulty. This, or something equivalent to it, I recommend. For full details of the military operations of the State, I refer you to the truly excellent report of the Adjutant General, to whose assiduity and efficiency the State owes a great obligation. Gentlemen, I recommend the Michigan troops to your active sympathy and support. By their heroic endurance of the hardships of war, and by their splendid bravery in battle, they have crowned the State with glory. Their battle cry is "Michigan, remember Michigan", and Michigan must remember them. We have already a long list of immortal heroes dead in battle. I hope you will in some appropriate way place upon the enduring records of the State your appreciation of the valor and patriotic devotion of these brave men. Let us hand down their names to posterity upon an illuminated page, that they may be revered as examples for all time to come. They belong to history now. We must take care that it is rightly written. Your hearty thanks are also due to the gallant men who still uphold the flag of our country in the field, and have lately borne it on to victory over bloody ground. Let us send them warm words of cheer from home. May God give them other and greater victories, and bring them speedily back in peace and triumph. Then, indeed, shall Heaven's arches ring with glad shouts of welcome. Ex-GOVERNOR WISNEIR. Since writing the foregoing, intelligence, has been received of another of the great sacrifices we make to save our country. My predecessor, Ex-Governor Moses Wisner, Colonel commanding the 22nd Regiment of Infantry, died at his post of duty, in Kentucky, on the 4th day of ï~~AUSTIN BLAIR 471 January, instant. His conduct is his best eulogy. A man of great intellectual as well as physical power, in the meridian of life, surrounded by. all the comforts of family, home and friends, he obeyed the call of his country, and took the field. Deeply imbued with a love of those free institutions which had done so much for his country and himself, he put away from him everything but this service, and went forth at the head of his regiment, to peril all, in defense of the Union. As a commanding officer of patriotic volunteers, he was successful in an eminent degree, as he had been in all the walks of life. He died of the diseases of the camp, in the midst of his command, in the doing of his duty. More than this need not be said. For him the pomp and circumstance, and the battle are no more. To his family and friends, he leaves the rich remembrance of an honorable fame, and to the State he loved, the pride that she had so noble a citizen. To you, gentlemen, the Representatives of the People, is committed the duty of fitly commemorating his services. FELLOW-CITIZENS-Having thus disposed of the subjects which concern us more particularly as a State, I should disappoint your expectations if I did not invite your attention to the affairs of the nation. Whatever concerns the national government, concerns us. In its great struggle for existence, we have the most momentous stake. Every blow aimed at its life, strikes at us. The best and bravest of our people fight in the ranks of its armies. Scarce a battle-field of the war but has drunk of Michigan blood, and the graves of our men mark the camping-ground of every army of the Union. Not many households but have some stern grief to charge to the account of the Southern rebellion, and nearly every heart is bruised by its cruel blows. And still the bloody struggle goes on, growing more fierce and deadly, day by day. It avails little to look back and inquire for the cause of the war. The time for that argument has long since passed away. They alone are to blame who first resorted to arms, and made the war. There were no cause of dispute between the sections which required such a resort, taking any view of them. When the Southern traitors commenced this bloody contest, they did it wholly without excuse; and upon their guilty heads must rest forever the responsibility of that enormous crime. Not a groan escapes from a dying Union soldier on the field or in the hospital, that is not a cry to God for vengeance against them. Every despairing wail wrung from the hearts of the countless widows and orphans they have made, appeals to the same high throne against them. The liberty-loving and just men of all lands will condemn them, and history will doom them to its impartial bar and write them down among the scourges of the world. The Government is wholly blameless in this affair. With a long suffering and forbearance bordering upon weakness, it hesitated to take up arms and resort to war measures for its own preservation and defence. ï~~472 MESSAGES OF GOVERNORS OF MICHIGAN We have now to deal only with existing facts. The single choice is left us between abject submission to such terms of peace as the rebels may choose to offer on the one hand, and a vigorous and determined prosecution of the war, in spite of every obstacle, to final victory, on the other. Between these a people fit for self-government could not hestitate. The people of Michigan, brave and manly, both in the field and at the ballotbox, have not hesitated. They simply inquire for the surest means to secure a speedy triumph and lasting peace. It is undeniable that the rebellion had its origin, not in any danger either fancied or real, menacing the institution of slavery in the Southern States-for all parties were agreed to let it alone there-but it had reference entirely to its growth and spread in the future over territory now possessed, and hereafter to be acquired. Visions of a great despotic empire, the foundation stone of which should be slavery, had taken strong hold of the imaginations of the bold, bad men who lead the Southern mind. In a community already corrupted by the idleness, ignorance and servility which necessarily comes of such a social system, these leaders found it easy to impress the great mass of the people with their own designs. So long as any fair prospect remained that the Union might be made subservient to their grand purpose, none clamored so loudly for it as they. All such as warmly supported the system of free government based upon the principle of the Declaration of Independence, were fiercely denounced as disunionists. But the moment it appeared that the Union could no longer be used for such a purpose they proceeded at once to break it up, and to lay carefully the foundations of their new system. That this was done with consummate tact is now evident. Knowing well that no great revolution can be effected without some great leading idea as its foundation, they boldly proclaimed the only one left to them and resolutely planted themselves upon it. That the system of slave labor is the best and most beneficent which man can devise, was now, for the first time, I believe, declared as a fundamental principle of government. It was even pronounced to be the divine system of the economy of labor. It has, therefore, from the first, been relied upon as the principle source of strength to the rebellion, and such it has undoubtedly proved to be. Its first effect was to unite substantially the Southern people, who were mainly composed of two classes, to-wit: 1st. The aristocracy who own the slaves, and have the deepest interest in the establishment of the new order of things; and 2nd. The ignorant and debased non-slaveholding whites of the South, who are too proud to work, and too poor to buy laborers; but, neverthe less, still live in hopes that, by some means or other, at some time they may attain to the high felicity of owning a slave. The leading traitors, therefore, have been able to appeal powerfully to all-the worst passions of every class. To the aristocratic slaveholder ï~~AUSTIN BLAIR 473 they have promised, not only security for his present position, but greatly increased wealth, dominion and power. The result of the rebellion, if successful, we easily understand is to be a strong military government, in which himself and his associates will be the only ruling class; and in the not far distance he beholds principalities and powers, stars and garters, and all the paraphernalia of despotic empire. Shall we wonder that men taught in the school for the plantation, the ideas of absolute power, and scorn of control, fight desperately for the accomplishment of these magnificent objects. While such ideas prevail with the men of wealth and position, they promise the ignorant class that when the hated Yankees are once put down, and the old government destroyed, there will be nothing left to prevent them from rising to the class of masters; then the slave trade shall be re-opened, and negroes plenty and cheap shall reward their valor, and secure their position in the ruling class. Stimulated by these ideas, combined with the always popular notion of independence, the Southern people have endured privations and hardships, and put forth exertions, which would be admirable if done in a good cause. Nor can it be controverted successfully, that thus far their system has been a tower of strength to them. It has not been necessary for them to withdraw their laborers from the field, to any considerable extent, to aid them in carrying on the operations of war. The slave has continued, as heretofore, to till the soil, and by his unpaid labor to produce the means to enable his master to take up the sword in behalf of the rebellion. He really feeds and clothes the soldier, luys the arms and munitions of war, and supplies the fuel to the tremendous flame that is consuming our country. And yet the rebellion offers nothing to him. It does not even allow him to hope that at some time away in the far off future, the sweat and the toil and the bondage may cease. On the contrary, the very foundation of the Confederate system is that his degradation shall never end, but grow deeper and more unbearable from generation to generation, and forever. Here, then, lies the incurable weakness of the> South, and our own invincible strength. Their despotism we must fight with liberty. This servile class, composing almost the entire body of the producers of the revolted States, must necessarily be our friends, loyal in feeling and anxious to become loyal in action, whenever we will allow them the smallest rights of men. The only price they ask is freedom; a price which we can easily pay, but which the rebel government cannot offer without destroying its entire fabric. Remove these millions of workers from the plantations and workshops of the South, and it is plain that rebellion cannot last a year. One chief difficulty thus far has been, not in repossessing the Southern country, ï~~474 MESSAGES OF GOVERNORS OF MICHIGAN but in holding it afterwards. Our armies have passed over and taken formal possession of extensive regions of the Southern territory, driving out the organized forces of the Confederacy, but leaving the property of the people untouched, and existing institutions undisturbed. Upon this system it has been found necessary to keep as large a force in such regions to hold them, as it did to take them in the first instance. If the army passes on, these people immediately rise in its rear, cut off its communications, destroy its munitions and supplies, seize its reinforcements in small detachments, and thus become more dangerous than before. It follows that the further we progress, the more difficult our task becomes. The army is constantly reduced by detachments for garrison duty and keeping open communications, until it becomes too weak for offensive operations. At the same time our occupation does not harm the rebel government materially; its people adhere firmly to that cause, and their means of warfare remain much the same. Unless this condition of things can be changed our cause is plainly hopeless, without long years of war, accompanied by sacrifices appalling to contemplate, and which we can hardly expect our people to. make. Seeing this clearly, and after a year and a half of effort to subdue the Rebellion without disturbing existing laws and institutions in the insurgent States, the government of the United States has adopted the two great remedies of emancipation and confiscation. We are about to strike hands with the entire loyal population of the South, whether white or black. We shall no longer respect the claim of a white traitor to compel a black loyalist to aid him in destroying the government; neither shall we any further admit his title to use his property of any sort for the same purpose. By the proclamations of September 22d, 1862, and January 1st, 1863, the President, by virtue of the power vested in him as Commander-in-Chief of the armies and navies of the United States, has by a single blow struck the shackles from near 3,000,000 of slaves, and added them to the loyal free people of the Republic. This act will be memorable as long as history endures. It has been done for the strengthening of the country against its enemies and under the war power; but it is not forbidden to the philanthropist and the good everywhere to rejoice in the redemption of a race. With it fades away the one great and humiliating stain upon our National escutcheon. From this point our country starts upon a new course, and the experiment of Republican liberty may be fairly tried. Of the necessity and legality of this great measure, there is little room for doubt. And it is hardly worth while to stop to answer the feeble croaking of that class of people who always find inthe Constitution an insurmountable bar to everything that justice and truth require to be done. Their wicked pretences and aimless logic are only a thin disguise of real disloyalty. The President has now not only to execute the ordinary powers of ï~~AUSTIN BLAIR 475 government conferred upon him by the Constitution, but he has also to protect and defend the Constitution itself from destruction. By virtue of that instrument he is Commander-in-Chief, and as such, in conjunction with Congress, he possesses all the war powers possessed by the most despotic government on earth, and for the exercise of those vast powers he is responsible only to the Congress elected by the people. The Constitution itself has not undertaken to prescribe the manner of the exercise of those powers, but has left that to be determined by the exigencies of the case. But that it would be exercised arbitrarily and contrary to the usual forms in many cases is clearly contemplated, by the 2d subdivision of Section 9, which permits the suspension of the writ of habeas corpus in cases of rebellion or invasion, if the public safety requires it. That is the only limit. Whatever the public safety requires, is not only within the power of the President to do, but it is his solemn duty to do it. The slow processes of the law, which are sufficient in time of peace, fail altogether in the presence of war. The schemes of the public enemies must be met with decision and promptness, and put down summarily and by whatever means may for the time being be most effectual. If the presence of a spy of the enemy is known in the army in Tennessee, and upon undertaking to arrest him lie should escape into Michigan, would there be any doubt of the power and duty of the Commander-in-Chief to pursue and take him in defiance of the habeas corpus, or the power of any civil magistrate, and return him to be dealt with according to the military code? and under the code he might be summarily tried, condemned and executed, or he might be closely confined so long as the public exigency required it, without trial at all. If this be true in the case supposed, would it be any the less true if the spy in question resided in Michigan, and carried on his operations by secret correspondence with the enemy, with the assistance of others like himself, reaching the same object by a more circuitous method? In times of great public danger like these, very much must be entrusted to the enlightened discretion of those who have the chief direction of affairs. While acting with patriotic motives they are entitled to a charitable judgment, and a spirit of unjust fault finding and clamor is little less than criminal. That the National administration is entirely patriotic there are few indeed to doubt; that it is deeply in earnest in its efforts to put down the rebellion and save the Union, is also manifest. That its measures have been in the main wise I believe, and if the great body of the people are likely to find any fault with its action thus far, it will not be that it has stretched its power too far or executed them with too much energy and promptness. We are a very impatient people, and prone to believe that the rebellion ought to have been suppressed in a campaign of ninety days. We are upon the pinnacle of hope when our armies win a victory, and the voice of the complainer is scarcely heard in whispers; but when they meet a ï~~476 MESSAGES OF GOVERNORS OF MICHIGAN repulse we sink immediately into the very slough of despond, and the rebel sympathizer goes brawling through the land with all the assurance of a patriot, while very likely neither the victory nor the defeat was of much account as affecting the final result. Great undertakings require time, and it is not a view of the operations of a single month, or even a year, that results are to be correctly measured. Though we have not made such rapid progress in subduing the rebellion as many, perhaps a majority, hoped, yet, upon a survey of the whole field, it will be apparent that a steady and powerful progress has been made. At the commencement of the war, the State of Maryland, lying in the track of the armies hastening to the defence, of the Capitol, was thoroughly disloyal and more troublesome than any other; now she is entirely obedient to the laws, and not even the presence of a victorious rebel army could shake her fixed purpose to abide in the Union. The great and powerful State of Missouri, the battle-ground of the West at the beginning of the war, has been cleared of the public enemies and ranged herself upon the loyal side. The late emancipation triumph in the election in that State conveys the cheering intelligence that she is forevermore steadfast for the Union. Kentucky has been prevented from falling into the rebel grasp. The new State of Western Virginia has been entirely won, and nearly half of old Virginia is firmly held by the Union armies. We possess large portions of Tennessee, Mississippi and Louisiana, with nearly the entire valley of the Father of Waters. We hold several of the principal ports of the Confederacy in the Gulf and on the Atlantic seaboard, while the remainder of them are closely blockaded. Our armies are larger and better disciplined than at any former period. All this in a little more than a year and a half. A like success for the same length of time to come, and the power of the rebellion will be entirely broken. Our sacrifices have indeed been great, but compared with those of our enemies, they are as nothing; our States have been entirely free from invasion, while theirs have been the scene of all the great battles of the war, and literally trampled under the feet of both armies. Our business avocations have been uninterrupted, while theirs are nearly destroyed. The whole Southern coast is either held by us, or blockaded by an invincible fleet, and their commerce mainly cut off. Is there any cause for discouragement in all this? Shall we listen to the sensation croakers, forget our manhood, and bow before these rebels? We have assaulted the enemy's intrenched position at Fredericksburg, and failed to take it. So Napoleon lost the battle of Marengo, and won it again before sun down. If we cannot bear a disaster or two without crying out for parley, then indeed do we need the stern education of war. The only way to be secure of peace is to be able to conquer in war. Military prowess is essential to the stability and perpetuity of a nation. The glory of the ï~~AUSTIN BLAIR 477 Republic must consist not only in the beneficence and freedom of our institutions, but also in our ability and courage to defend and protect them. It cannot be too often repeated that it cost seven years of war to found this Republic, and if it was worth the struggle then, much more is it worth it now, after the experiment of free government has proved so grandly successful. Neither were they without their defeats in those days, nor without their croakers to gloat over them with sad faces and inward jollity, predicting that utter failure must attend such a mad attempt, recommending that it were better at once to have done with such headlong abstractionists as the Washingtons, the Jeffersons, the Franklins, and the Adams', and to make terms with the old government of King and Parliament as it was. They had also their do-nothing generals, their Benedict Arnolds, and the sad and sickening rivalries of men in high position, whose ambition far exceeded their patriotism. But they had virtue enough and valor enough to overcome all, and after years of bloody toil, through many defeats and some victories, steadfast and heroic still, they finally reached their victorious Yorktown, and gave a nation of freemen to the world. Where are their grumblers and faint hearted counsellors of submission now? History has embalmed their very names for infamy, while it strings its never-fading garlands for the brows of the heroes of independence. In the history of the past, read that of the future. We have a proud name among the nations of the earth. Gallant ancestors left us pure escutcheons and bright names. Shall we add a glorious page to an already renowned history? Then there must be no peace with a dismembered country-no yielding to the demands of arrant traitors-Peace is indeed most desirable, but it must be enduring peace. Only one thing stands between it and us, and that is slavery. One enemy only sundered the Union, and now prevents its restoration; that enemy is slavery. All the blood and carnage of this terrible war, all the heart-rending casualties of battle, and the sad bereavements occasioned by them, have the same cause-slavery. The greatest, vilest criminal of the world, it must perish. In the smoke and flame of battle, it must perish, for so it chose; struck dead by the resistless arm of its conquering antagonist. Emancipation. Let us rally round the Government. The last great blow is striking. The victory once won, is won forever. The peace which follows is the peace of the conqueror, whose cause is merciful and just, bringing good will to men. AUSTIN 13LAIR. ï~~478 MESSAGES OF GOVERNORS OF MICHIGAN February 25, 1863 From Jowrnal of the Senate, pp. 412-414 TO THE LEGISLATURE: I herewith transmit a telegram received from Major General W. S. Rosecrans, commanding Department of the Cumberland. The subject of the dispatch is worthy of serious attention. Desertion has become an offence of almost daily occurrence, and calls loudly for a remedy. The court martial, in an organized and disciplined army, is adequate for this purpose; but in a State far away from the field of operations, it in a great measure fails. There is substantially within this State now no punishment for desertion. Unprincipled villians, with intent. never to serve, but to injure the country, enlist, take a solemn oath to serve faithfully, receive large bounties, and then immediately desert. Many of them repeat the crime at different points, traveling from State to State for this purpose. In what does such a man differ from any thief or robber? And why should he not be treated as a felon by the civil law, and punished accordingly? The army in the field has at last commenced to apply the utmost rigor of military law to the crime of desertion. A soldier in the Army of the Potomac has lately been convicted and sentenced to death for this offense, and the President has approved the sentence. It is our duty here in the State, to aid effectively in this direction. I therefore recommend the Legislature to take such action as in its judgment may be most likely to effect the object. AusTIN BLAIR. The following is the telegram: Detroit, February 22, 1863. By Telegraph from Murfreesboro, Tenn., Feb. 22, 1863. To Governor Blair: I think it due to those who suffer in the field as well as those who foot the bills at home, and run the risk of being called out to defend home and national life, that all deserters should be returned to duty. All citizens are interested in this. Those who oppose it, favor perjury and rascality, because a man who agrees to serve his country, takes wages and even bounty money, and violates his oath of service by deserting, is a perjurer and rascal, and probably a coward. Why should not the Legislature pass a law disfranchising and disqualifying from giving evidence all deserters, as for other infamous crimes? * W. S. ROsEcRANs, Major General. ï~~1864 January 19, 1864 From Joint Docwments of State of Michigan, pp. 3-18 FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES: I welcome you again to the Capitol. By virtue of that provision of the Constitution which authorizes the Governor. to convene the Legislature upon "extraordinary occasions," your present assembling has been required. The period is itself revolutionary and altogether extraordinary. The rebellion still refuses to give us either peace or rest; and no human forecast seems sufficient to provide for all the exigencies of a single year. At your last session, after having tried the hard experiences of war for nearly two years, and learned somewhat of the requirements of the occasion, it was hoped that all had been done which would be required during the term for which you had been elected, and for the fulfillment of the obligation owed by the people of Michigan to the National Government, in its great effort to protect the Union and save the nation entire. All the measures of that session were, I believe, wisely adapted to the purposes had in view; but some changes made by acts of Congress in the methods of recruitment of the National forces, and the failure of those acts to accomplish the object in the manner and to the extent anticipated, have rendered further legislation expedient and even necessary. The enrollment act was evidently intended to dispense with the system of volunteering, and to rely mainly, if not entirely, upon drafting, to reinforce the National armies. No further appeals were to be made directly to the State authorities, to furnish their quotas of volunteers, as had been previously done; but the Government would at once lay its hands upon the men required, by means of the Provost Marshals and the machinery of the draft. It resulted, of course, that local and State bounties would be no further required, nor would any further agitation by the local authorities be necessary, in any part of the country. This project has been tried, apparently with results not altogether satisfactory, whether for the reason that the law itself was crude and defective, or that the system was not in accordance with the habits and genius of our people, it is not necessary now to inquire. The President has, for whatever reason, in his proclamation of October last, "calling upon the Governors of the different States to raise and have enlisted into the United States service, for the 'various companies and regiments in the field from their respective States, their quotas of three hundred thousand men," returned to the old system, which looks to ï~~480 MESSAGES OF GOVERNORS OF MICHIGAN recruiting as the chief reliance for strengthening the military forces. The demand that the enlistments should all be "for the various companies and regiments in the field", also indicates a determination to cease ornamenting ambitious civilians with the insignia of military command, and in its stead to reinforce the veteran corps by enlistments into their well trained ranks, under officers of tried courage and skill; a policy so wise that it is only wonderful that it was not adopted long before. As soon as practicable after the issue of this call, the quotas of several States were made known to them, that of Michigan being a little in excess of eleven thousand. It was the duty of the State to respond to this call for volunteers with the promptness and energy which has characterized our people since the war began, and has made Michigan soldiers a pride and a glory in every army in which they have served. To do this required that all our recruiting machinery which had been laid aside for the draft, should be again brought into full operation. Some little delay was unavoidable occasioned in consequence of the draft being at the time in actual progress; but all things considered, the success has been more than equal to the most sanguine expectations. Recruiting has been brought back to the standard of enthusiasm of the first year of the war, and the ability of the State still to fill its quotas by the process of voluntary enlistments, has been proved beyond doubt. BOUNTIES. This has been accomplished mainly by the offering of liberal bounties to the volunteers, and a thorough agitation and canvass of the communities, consequent upon it. The people have generally taken the matter directly in hand themselves. Without any adequate laws directing their action in a uniform course, they have come together in their local muni/cipal corporations, and in the various ways which seemed best to them, have raised the' money to enable them to offer such bounties as seemed sufficient to induce the enlistment of the requisite number of men to fill the quota and escape the draft. As a general thing they have aimed at levying the amount raised, finally, by a uniform tax, in order that all those who ought to contribute to it, should be made to do so, however unwilling any might be; and to this there seems to be no solid objection. If any interest is more indebted than another for protection, to the maintenance of stable government, it is the property upon which the taxation will fall. And inasmuch as the war is waged for the preservation of such government, it may justly demand that the property of the country shall contribute, by fair assessment, to its success in every proper ways What more effectual way than by filling the ranks of the army under the immediate action of the people themselves? In many instances, county, township and city bonds, and other evi ï~~AUSTIN BLAIR 481 deuces of debt, have been issued, which lack the necessary statutory sanction, and do not therefore possess, in the hands of the holders, their proper and legitimate value. These obligations have been entered into in good faith, and in good faith received, presuming upon the patriotism and justice of the Legislature. They have been incurred for the most patriotic object, and have accomplished most honorable and beneficial results, both to the State and the Nation. I have no hesitation, therefore, in recommending that the legislatiye. sanction be given to the action of the people in the raising of money for the payment of bounties to volunteers since the passage of the act of 1863, under such guards and restrictions as may be thought necessary for protection against frauds and pretended claims. In this connection, I wish also to call the attention of the Legislature to the question of the propriety of providing by law, a uniform rule, by virtue of which bounties may hereafter be raised without the irregularities which have heretofore occurred, and without the necessity of another resort to an extra session. It is extremely desirable that whenever bounties are offered, they...should be uniform in amount throughout the State, in order that different localities may be prevented from a heated competition and bidding against each other, in a manner alike disastrous to themselves and the service, resulting in too many cases in downright deception and fraud, both upon the volunteers themselves and the towns and cities from which they enlist. For this purpose, it has been thought best by many patriotic persons that bounties should be offered only by the State, and that the smaller municipal corporations should be entirely forbidden to do so. In' this opinion I do not concur. After considerable observation and experience, I am convinced that no contrivance has yet been adopted which can compare in efficiency with the local bounty for procuring enlistments into the military service. The same amount of money offered in any other way, either by the State or General Government, will not begin to equal it, and the reason is obvious. When the people of a town, or ward of a city, are called together to consider of the propriety of raising a bounty to fill the quota of that town or ward, a very great interest is...... awakened in the question at the very first step, and when it is finally determined to do so, and to assess the amount in some way upon the little community, the interest is so greatly enhanced that every individual of that community feels thoroughly committed to the project, and lends his utmost influence to accomplish it. This influence is worth even more than the money itself. Few will enlist from a cold, lifeless community, no matter for the money that may be offered. But let the whole people rise up to cheer on those who enter the service of their country, offering generous bounties, not to buy an unwilling soldier, but as an earnest of ï~~482 MESSAGES OF GOVERNORS OF MICHIGAN hearty good will towards a gallant defender of a most righteous cause, in which all the blood is shed shall be sacred, and the case is "bravely altered." The ambitious, enthusiastic young men will go shouting with joy to the ranks, and take up their arms with the spirit of heroes. In whatever laws may be enacted upon this subject, the object should be to aid the action of the people by giving legal force and validity to such measures as they may decide upon, as being most likely to accomplish their purpose. At the same time it will be wise to fix some well defined limits, beyond which it shall not be lawful to go to prevent inconsiderate rashness. In fixing such limits, care should be taken to avoid extremes. It is not only important that the object should be pursued with great enthusiasm and patriotic energy, but that it should at the same time be continuous and not transitory. The losses of the companies and regiments in the field are constantly and steadily occurring. The menudrop out of the ranks one by one into the hospital. Large numbers of them never return to active duty, disappearing in the invalid corps, or being finally discharged to return to civil life. Their places in the ranks ought to be supplied by a steady influx of new recruits. It is better every.way that the number required to keep up the numbers of the Michigan regiments in the field should be obtained by a steady and constant recruitment of new men, than that all should have to be done in a period limited to a few days, and consequently by a spasmodic exhausting effort which will soon need to be repeated. Under the present system of credits to the sub districts, any surplus is always carried forward, in fact the enrollment law requires that, and any town may, by a steady system of recruiting, keep its quota constantly filled, thus avoiding the extra expenses and effort occasioned by haste and strong competition on the eve of a draft. We owe a great debt of gratitude to the companies and regiments we have put in the field, and can repay it in no way so well as keeping their ranks full. It ought not to be considered a fulfillment of our whole duty merely to raise the quotas assigned us. It is a sacred obligation resting upon the people to sustain the troops in the field; and for this purpose it is essential that the action be unremitting and steadily sustained. When bounties are offered, the offer should be continued after the immediate exigency is past, thus providing a surplus to meet another call. The State bounty which was provided by the act approved March 6th, / 1863, was withdrawn soon after the late call was made. This action was rendered proper by two considerations: First, the war loan fund was insufficient in amount to pay it to so large a number of men as the call lembraced; and secondly, because the United States Government had so largely increased its bounties, that its payment was considered unnecessary so long as those should continue to be paid. It will be remembered that this State bounty was recommended in the ï~~AUSTIN BLAIR 488 message of a year ago to supply the place, to some extent, of the local bounties which it was apprehended would cease as soon as the draft then progressing was over, which proved to be the case. And this was for the purpose of preventing the entire abandonment of the recruiting service, which it also has accomplished. This is a case which is very likely to occur again, and I wish to reserve the amount still remaining in the war loan fund to be used when and where other bounties are withheld, or there is some especial reason for their being paid, as in the case of the veterans who re-enlist, having never received any bounty from the State. The payment of this bounty was also confined by express words of the act to those who should "enlist in any regiment, battery or company heretofore mustered from this State into the military service of the United States, or now [then] organizing in this State for such service." The purpose of this was to encourage enlistments in the old regiments, and to discourage the formation of new ones, a policy which has now been adopted by the General Government. To prevent misconstruction, this act will require some slight amendment, more especially in regard to the discretion which was vested in the Executive. In its main object, however, I believe it to have been a very beneficial law, and trust it may be retained. ENABLING SOLDIERS IN THE FIELD TO VOTE. At your session a year ago, a bill passed the House of Representatives, providing for the exercise of the right of suffrage in our elections by our soldiers absent from the State in the service of the United States. This bill reached the Senate at the very heel of the session and failed, it was understood, for want of time to consider it. The subject was one of great importance and surrounded with grave doubts and difficulties. Perhaps the minds of members were not altogether settled at that time as to the rightfulness or policy of such a law. The Constitutions of the States have all been framed without any view to such a condition of things as the present; and there has always been in this country, as in England, great jealousy of the army mingling in the affairs of civil administration. During the past year, however, very great consideration has been given to the subject in nearly all the loyal States. It has come into judgment before the highest tribunals of several of them, eliciting very learned and patriotic opinions from the judges, which have thrown great light upon it, and gone far to establish the legal principles which must guide all proper legislation in that direction. The patriotism, justice and sound policy require the passage of such laws, wherever they can be constitutionally enacted, seems to be now generally agreed. The volunteer army of the United States is composed of the people of the United States. They have left their various occupa ï~~484 MESSAGES OF GOVERNORS OF MICHIGAN tions in civil life and taken up arms at the call of their country, not to become professional soldiers, but to defend their country and government from destruction, and their homes and property from desecration and pillage. Not to renounce civil life and the pursuits of peace, but to establish, upon an enduring basis, the right to both, for themselves and their posterity. With a patriotism and courage worthy of everlasting remembrance they have periled everything, that their country and its free institutions may continue to exist. They are absent from the polls of the elections in their several towns and wards, beating back the power of a causeless and cruel rebellion in order that those very elections may be held in peace, and that the right to hold them and to have their results respected and obeyed shall continue forever. If these volunteer citizen soldiers should not have a voice in the civil administration of the government for which they fight, then it would be well to inquire who is worthy of it. Though soldiers, they haves not ceased to be citizens and residents, nor is their stake less in the country than that of those who remain in peace at home. Surely, he who stands faithfully by his country in the shock of battle, may be safely trusted at the ballot box, though it should be carried to him at Vicksburg or Chattanooga. Is it, then, within the constitutional powers of this Legislature, to enact a law granting the exercise of the right of suffrage elsewhere than in the town or ward where the voter is a resident? It is not a question of the right to vote, but only of the place where the ballot shall be received. No change of qualifications in the voter, nor in the manner of his exercising the right, will be required. All the case demands is the establishment of a pool for the reception of votes in or near the camps of the troops. No right of challenge will be denied, nor any safeguard which the utmost prudence may enact. If such power exists in your body, then by every consideration of justjce and right let it be done; but if not, then however much we may regret it, we must not move a step in that direction, Aince'they would not be fit to make laws who will not obey the fundamental law. It becomes us, therefore, to examine carefully and judge dispassionately. That the Legislature has the power to fix the time, place and manner of holding elections, and to establish the qualifications of voters, unless prohibited by the Constitution from doing so, need not be doubted. Justice Butler, in delivering the unanimous opinion of the Supreme Court of Connecticut, declaring unconstitutional and void the act of the General Assembly of that State, approved December 24th, 1862, "providing a mode of taking the votes in the election of State and other officers, of persons absent from the State as volunteers in the military service of the United States," remarks as follows: "The Constitution establishes an elective government, and under it there must of necessity be a fixed time, place and manner of holding ï~~AUSTIN BLAIR 485 elections. If these are clearly and sufficiently fixed and prescribed by the Constitution, and nothing is expressly delegated, or by implication left to the Legislature, that body cannot interfere to alter, extend or suspend them, or either of them, in the slightest particular. If they are not thus fixed and prescribed by the Constitution, it is by implication incident to the general legislative power to do it, so that the government may be perpetuated and sustained. "Our simple inquiry, therefore, is whether the Constitution has so fully and clearly prescribed the time, place and manner of holding elections, or either of them, as to leave by implication no power in the General Assembly to prescribe them, or either of them, in the way and to the extent they have attempted to do, in the act in question. "In relation to the time, place and manner of holding elections, the Constitutions of the several States differ. In some of them all these are prescribed with that particularity which forbids all action of the Legislature. In others, neither are prescribed, but the qualifications of the voters are fixed, and the power to regulate the time, place and manner, committed to the Legislature; and in such States the reception of votes out of the State may be constitutionally authorized." This doctrine of the Connecticut Court is sustained, substantially, by all the cases which have met my observation. It seems to me, also, the doctrine of good sense. Taking these principles as a guide, it will not be difficult, I think, to determine whether the Constitution of Michigan "has so fully and clearly prescribed the time, place and manner of holding elections, as to leave by implication no power in the Legislature to prescribe them, or either of them." It has certainly so prescribed the time. In section 34 of article 4, section 3 of article 5, and section 1 of article 8, the Tuesday succeeding the first Monday of November, in the year 1852, and of every second year thereafter, is established as the time of holding the general biennial election. And it is clear that every election of State officers and members of the Legislature must be upon that day, and no other, in spite of any legislative enactment whatever. If the Constitution is equally explicit as to the place and manner of holding the elections, then we may dismiss the discussion at once, and obey the prohibition; but I am confident it will be found otherwise. That instrument has no where required that the election shall be held in any particular place or number of places, nor in any particular manner. No election districts are established or required to be established, nor are any rules prescribed for the form or extent of such districts. They may be formed of entire counties if the Legislature so choose, unless the requirement that Senators and Representatives shall be elected by single districts affects the question. Neither is the manner of holding the election prescribed, except that the vote shall be by ballot. All these things have been left- to the Legislature, unless the concluding words of ï~~486 MESSAGES OF GOVERNORS OF MICHIGAN section 1, article 7, should be held to provide otherwise. This article is headed "Eleotions," and deals entirely with the qualifications and privleges of electors, except that in the second section the vote is required to be given by ballot, "except for such township officers as may be authorized by law to be otherwise chosen." The words of section 1, referred to, are as follows: "But no citizen or inhabitant shall be an elector, or entitled to vote at any election, unless he shall be above the age of twentyone years, and has resided in the State three months, and in the township or ward in which he offers to vote ten days next preceding such election." These are fit words to establish the qualifications of voters, but not to control the Legislature as to the places where polls of election shall be established and votes offered and received. They speak directly as to age and residence, and only to those qualifications. All else is incidental and explanatory. The elector must be twenty-one years of age, and he must have had a residence in some place, or any number of places in the State, of three months, and in some particular township or ward ten days next preceding the election at which he offers to vote. Can any greater scope be fairly given to this clause than that. If it was intended to forbid the Legislature from authorizing the reception of a vote in any other place than in town or ward where the elector resided, it is not conceivable that it shouldhave been left by the convention to a merely casual expression which does not directly either command or forbid anything. The words no doubt, pre-suppose that the offer to vote will be made in the township or ward in which the elector resides, but they neither require it to be so, nor forbid it to be otherwise. In the same article, at section 5, this Constitution is at the pains to declare that "no elector shall be deemed to have gained or lost a residence by reason of his being employed in the service of the United States." Did the people, in establishing this Constitution intend, while preserving the residence of the soldier, and consequently his right to vote, at the same time to forbid the Legislature to enact such laws as might enable him to exercise the right? The Constitution, like any other act, must be taken together, as a whole, and have such a reasonable construction as will carry into full and beneficial effect the system of government established by it. The usual and reasonable powers of the Legislature will not be held to be abrogated unless by clear and distinct enactments to that effect. The government established is in all its branches elective, and the suffrage universal, or nearly so. Great care seems to have been taken to preserve for all white male citizens, of proper age, the exercise of the right to vote, and I think this manifest intention ought to have great weight in the determination of the present question. Unquestionably the present contingency is one not contemplated by the convention which framed the Constitution, or by the people in adopting it; and there is, ï~~AUSTIN BLAIR 487 on that account, all the more reason for declining to adopt any narrow construction which would make it accomplish what no one at the time designed it should do. In several of the States laws of the sort proposed have been enacted and put into practical operation without much inconvenience, and with no apparent danger of public injury. In some of these States, with Constitutions similar to our own, the question of the validity of such laws has been before their highest courts, and they have been there sustained. Such, I believe, has been the case in Iowa and Wisconsin. After giving the subject considerable attention, I do not hesitate to recommend the passage of such a law, by this Legislature, as will enable the soldiers of Michigan, while absent from the State in the service of the United States, to avail themselves of the right which they have never forfeited to vote in all the State and local elections. It will be only just towards them, and their votes will be dangerous to traitors only. MILITARY ROAD FROM FORT WILKINS TO GREEN BAY. Soon after the adjournment of the last session of the Legislature, I received a copy of an act of Congress "granting lands to the States of Michigan and Wisconsin, to aid in the construction of a military road from Fort Wilkins, Copper Harbor, Keweenaw county, in the State of Michigan, to Fort Howard, Green Bay, in the State of Wisconsin." This act was approved March 3rd, 1863, and grants "to the State of Michigan, to aid in the construction of a military wagon road from Fort Wilkins, Copper Harbor, to Houghton, Portage Lake, and thence in a southerly direction to the State line of Wisconsin, every alternate section of public land designated by even numbers, for three sections in width, on each side of said road." The lands are made subject to the disposal of the Legislature, for the purposes designated, and no other; and the manner of their disposition, together with the width, grade and construction of the road, are particularly prescribed; and that if the road is not completed within five years, the lands shall revert to the United States. One year of the five has already nearly passed without action, and it is important that the necessary legislative action should be had at once. The enterprise is one of great importance to the Lake Superior country, and the grant is quite liberal. I recommend that the grant be accepted on behalf of the State, and the necessary laws enacted to carry it into effect according to its conditions. SOLDIERS' NATIONAL CEMETERY AT GETTYSBURG. On the 3d day of July, in the year 1863, was fought at Gettysburg one of the most memorable battles of the war. When we take into account all the circumstances surrounding and attending the campaign ï~~488 MESSAGES OF GOVERNORS OF MICHIGAN which culminated there, it is impossible not to feel that that field is historic and famous forever. The army of the Potomac, the largest and best appointed of the Union armies in the field, had then lately, under the command of Gen. Hooker, crossed the Rappahannock river successfully, in the face of the enemy, and marched to Chancellorsville, with high hopes and the congratulations of the whole country, to offer him battle; but only to return with hopes disappointed, and congratulations turned to doubts and discouragement. The rebel general, the most trusted and skillful of them all, immediately made his preparations to improve the occasion of his great advantage. Collecting with great rapidity the largest and best disciplined army that the Confederacy has ever put in the field, he assumed the offensive. Taking up his line of march straight for the middle States, the wealthiest and most populous portion of the Union, he left the Union army behind him, or merely covering the Capital and the great cities now most seriously menaced with pillage and destruction. His troops, flushed with victory, and meeting with no serious obstacles to their advance, were already in the midst of Pennsylvania. Washington, Baltimore, Philadelphia, and even New York, are all within his grasp, unless this triumphant march can be interrupted. The great struggle can no longer be delayed. The army of the Potomac, humiliated by partial defeat, less in numbers, but still indomitable in spirit and courage, approached rapidly, and prepared to accept the offered gage of battle. The mightiest of human interests hang upon the issue. The prize to be fought for is the life of the country and the liberties of a whole people, perhaps of mankind, for generations to come. The whole nation looks with troubled anxiety towards that field. If Lee is victorious, where will his march be stayed? Then Hooker is removed and Meade takes the command. The apprehensions of the people are increased. Will he be equal to the occasion? Yes, he will be equal to it; and the nameless heroes under his command will be more than equal to it. They meet in the quiet country village of Gettysburg, and there, in the shock of terrific battle, for three days is the great stake fought for, and won. Won for liberty and the Union. The proud rebels turn and flee back across the Potomac, over the Rappahannock, and beyond the Rapidan. And there, at Gettysburg, was the nation preserved, and the power of the rebellion broken, never to be reconstructed. It may linger yet awhile, and burn, and destroy, and kill, and murder, but its fate is none the less sure. On that great field of Gettysburg, after the roar of battle had ceased, and the smoke had cleared away, there lay the unburied dead. They were 2,271 in number, exclusive of all such as were removed by friends for burial among their kindred-eight hundred of them were entirely unknown. Of the remainder, one hundred and twelve were from Michigan; and there she stands on that sad roll of honor, the fourth in point ï~~AUSTIN BLAIR 489 of actual numbers, but first in the comparison of the numbers of her slain with the ratio of population. The Governor of Pennsylvania proposed to purchase a portion of the battle-field, a picturesque, beautiful ground, and to establish there "The Soldiers' National Cemetery, at Gettysburg," the State of Pennsylvania holding the title in trust for all the States having soldiers buried there, each bearing a proper share of the expenses. All the States concurring, this has been done, and the remains of the dead soldiers have been gathered up "tenderly" and buried by States together. And there they rest, who saved their country with their blood. The accompanying papers will show the details of the plan of the cemetery and the estimates of the expenses. I have ventured to promise that Michigan will not fail to do her proportion with alacrity, and I now recommend that the requisite appropriation may be made, and authority given to appoint an agent to proceed to Gettysburg and direct the proper arrangement and ornamentation of the portion of the grounds which have been set apart for this State. This cemetery will be a Mecca of patriotism as long as the country exists. Gentlemen of the two Houses, I congratulate you upon the happier auspices under which we re-assemble. We have reason to be thankful not only for bountiful harvests and the material wealth and prosperity which surrounds us, but also for the bright hopes which promise the speedy return of peace to our country. Unwearied by three years of continued war, the people are still faithful to the free institutions under which we have grown to be great. With unabated courage and ever-increasing confidence, they march steadily forward under the "starry flag" of freedom, "keeping step to the music of the Union." Since our last assembling, the arms of the Republic have been victorious at all points. A just cause has added to our strength the smile of the benignant Heavens. The madness and desperation of rebellion has not been able to maintain its ground. With sullen rage and gnashing teeth it yields up its most cherished strongholds. The bloody usurper in Richmond, with alternate prayers and curses, calls upon the civilized nations for help, even for recognition, and calls in vain. There are none so base as to keep him company. Nor have our victories been those of the field alone. The loyal and true men of the country have crushed and silenced, at the ballot boxes, those more insidious enemies, who, under specious political pretences, plead the cause of the more manly traitors who are in arms. The great and necessary measure of emancipation-the measure of justice and God-like charity-has, the past year, won triumphs of no less importance than the greatest military success. The great mistake and wrong of the nation is being put away. We return to our own great and immortal declaration. In spite of scorn, contempt and the pride of caste ï~~490 MESSAGES OF GOVERNORS OF MICHIGAN -of the lust of power and the love of money-of stupid ignorance and intellect without conscience, all men in America will be free. Let us thank God, bind up our wounds and fight on. AUSTIN BLAIR. January 20, 1864 From Journal of the Senate, p. 11 TO THE SENATE AND HOUSE OF REPRESENTATIVES: I herewith transmit the memorial of the Board of Control of the State Reform School, asking for an appropriation of two thousand dollars, to secure a sufficient supply of water for that Institution, by means of an Artesian well, and recommend that the appropriation be made. Also, the memorial of citizens of Van Buren county, requesting the passage of an act authorizing the township of South Haven, and other townships in the counties of Van Buren and Allegan, to issue bonds to aid in the improvement of the harbor at the mouth of South Black River, which I also recommend. AUSTIN BLAIR. January 20, 1864 From Journal of the House of Representatives, pp. 16-17 TO THE SENATE AND HOUSE OF REPRESENTATIVES: A large number of petitions, memorials, and verbal applications have been made to me, requesting legislation authorizing various counties, towns and cities to aid in the construction of railroads by pledging their credit as corporate bodies for that purpose. Many of the roads contemplated are important, and well deserving all such encouragement as may fairly be given them. The Legislature, by an act of the last session, sanctioned the policy of such laws, and there seems to be a very general disposition in the State to adopt that method of accomplishing objects deemed important. I submit the whole subject of such laws, therefore, to the good judgment of the two Houses. If the policy is to be generally adopted, it would seem to me best that a general law should be enacted, applicable to all ï~~AUSTIN BLAIR 491 parts of the State alike. If this should be done, such a law ought to be very carefully guarded, and the amounts that may be raised limited within such reasonable bounds as to protect the people against oppressive taxes in cases where the roads may not be found remunerative. The wisest men misjudge often in these affairs, and the most of people are in great danger of being deceived. A law providing for the collection of claims against boats and vessels, navigating the waters of this State, is greatly needed. Such a law passed the House of Representatives at the last session, I am informed, but was not reached upon its final passage in the Senate. I recommend that some law upon this subject be enacted. The law authorizing associations or corporations for the purpose of booming logs, is said to be impracticable and useless, while there is an urgent present necessity for such a statute. I recommend that the law be either amended so as to make it valuable, or that an act be passed which will meet the requirements of the great lumbering interest of the State. At the last session an act was passed to amend an act entitled an act to provide for the formation of companies to construct canals or harbors, and improve the same, approved March 13th, 1861, and an act amendatory thereto, approved January 18, 1862. By some strange oversight a proviso crept into section 17, which destroys the whole law, so far as any practicability is concerned. I recommend that this proviso be repealed. AusTIN BLAIR. January 21, 1864 From Journal of the House of Representatives, p. 26 TO THE SENATE AND HOUSE OF REPRESENTATIVES: It has been represented that the charter of the city of Detroit needs amendment, for the purpose of conferring necessary powers upon the Police Commissioners. That as the law now stands, in fact no police of any value can be established or maintained. That the city may need a faithful police, has been fully demonstrated heretofore, and I recommend that such amendments to the charter be made as the necessities, of the case require. I recommend, also, that some law be enacted providing for a review and correction of list of registered voters of that city, at proper stated periods, for which there seems a present necessity. AUSTIN BLAIR. ï~~492 MESSAGES OF GOVERNORS OF MICHIGAN January 29, 1864 From Jowrnal of the House of Representatives, p. 169 TO THE SENATE AND HOUSE OF REPRESENTATIVES: The Assistant Keepers of the State Prison have requested some increase of their salaries, by a petition, which I herewith transmit. I believe their request is reasonable, and therefore recommend it; Also a law to enable salt manufacturing companies to take stock in plank road and river improvement companies; Also to authorize the field officers of Michigan regiments in the field, to take acknowledgments of deeds, and the like; Also to legalize the acts of school district number one, in the township of Portage, Houghton county. I also recommend that the Legislature take such action upon the application of the Grand Rapids and Indiana Railroad Company for relief from the conditions of the previous acts of the Legislature, in regard to their grant of land, as justice and the public interest may require. I also recommend appropriations of land for the purpose of constructing the several State roads named in the paper herewith transmitted, marked "swamp land State roads." AUSTIN BLAIR. January 29, 1864 From Journal of the House of Representatives pp. 192-193 TO THE SENATE AND HOUSE OF REPRESENTATIVES: I recommend legislation upon the following subjects: 1. To authorize corporations organized under general laws, to amend their articles of incorporation; 2. To extend the time for the collection of taxes in the towns and cities where it is necessary; 3. To amend act 238 of the laws of 1863, so as to appoint a new commissioner; 4. To amend the law for recording United States revenue stamps; 5. To legalize the organization of the village of Fenton; 6. To transfer Leelanaw county to the 9th judicial district; 7. To authorize the Governor to convey lands held in trust for Indians in Emmet and Cheboygan counties; 8. To amend the general railroad law, so as to allow juries to be drawn from the jury box of the county. AUSTIN BLAIR. ï~~AUSTIN BLAIR 493 February 3, 1864 From Journal of the House of Representatives, pp. 297-298 TO THE SENATE AND HOUSE OF REPRESENTATIVES: By joint resolution No. 11, laws of 1861, the Board of State Auditors were authorized to audit and allow the claim of Wm. Beard, in the matter of the improvement of navigation over the sand flats of the Muskegon river, and the Commissioner of the State Land Office was thereby authorized "to issue patents of State Swamp lands therefor." It is said that the Board has declined to accept the offer made by this joint resolution, and it is, therefore, of no avail. It is also said several other persons are interested in the claim to the amount of some thousands of dollars, Beard being trustee only for them, and that these persons are willing and desirious of accepting the lands to the amount of their several claims. That the rights of the several parties have been fully settled by an agreement in writing, is also asserted. These facts being admitted, I see no objection to the passage of a joint resolution authorizing a portion of these claimants to make good their claims before the Board of State Auditors and receive their pay in the same manner as provided for in the original resolution. 'It will be observed that the lands are to be selected only in certain counties. To this extent, and no further, I recommend action upon the subject. I also recommend legislative action upon the following subjects: To relieve H. McKenzie, of the Mining Gazette, he having failed to furnish an affidavit to the Auditor General of the publication of tax sales, in pursuance of the statutes; To amend section 1, of chapter 58, of the compiled laws, so as to allow the incorporation of monument associations thereunder; To amend section 5 of an act to authorize and provide for the replatting of the village of Hastings, in the county of Barry, approved March 20th, 1863. AUsTIN BLAIR. February 3, 1864 From Journal of the Senate, p. 214 TO THE SENATE AND HOUSE OF REPRESENTATIVES: It is represented to me that there is an urgent necessity for the passage of a law authorizing the township of Rollin, in the county of Lenawee, to relieve the township treasurer of that town by refunding to him certain of the township moneys lost by him by reason of the failure of the ï~~494 MESSAGES OF GOVERNORS OF MICHIGAN People's Bank of Hudson. My information is not sufficient to enable me to recommend anything upon the subject, but I submit it entirely to the Legislature. AUSTIN BLAIa. February 4, 1864 From Journal of the House of Representatives, pp. 324-325 TO THE HOUSE OF REPRESENTATIVES: I have received the resolution of your honorable body, adopted January 28th last, requesting to be informed "whether all or any of the lands donated by the General Government to this State, in aid of Agricultural Colleges, have been selected, and if so, in what manner they have been selected; also, whether I deem any further legislation necessary to secure said grant of lands." In answer, I enclose a communication from the Commissioner of the State Land Office, from which it appears that none of the lands have yet been actually selected, though the maps, plats and notes necessary to be used in the selection, have been mainly prepared, and the work will proceed at the earliest possible moment. I am not aware that any further legislation is necessary. AUSTIN BLAIR. ï~~1865 Jan. 4, 1865 From Joint Documents of the State of Michigan, pp. 3-26 FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES: I appear before you to perform my last act as Chief Executive of the State. It is made my duty by the Constitution, at the close of my official term, to give to the Legislature "information by message of the condition of the State, and to recommend such measures to them as I shall deem expedient." In the performance of this duty, I shall be led, to some extent, over the history of the past four years-years full of great events, and destined to shape the course of our country through all times-years of bloody strife, of heroic endeavor, of sufferings courageously endured, and of triumphs nobly won. Upon the threshold of this work, I congratulate you upon the generally prosperous condition of the State. The people are in the enjoyment of health and plenty. Though in the midst of war, and subject to the trials and difficulties incident to that condition, public order has prevailed, and the rights and securities provided by the civil law have been maintained. Earnest patriotism and manly courage have a healthy growth, and a generous charity has given of our great abundance most liberally for the aid of the sick, the wounded and the needy. The State has increased in population and in wealth, in its educational facilities and in reputation, both at home and abroad. For all these blessings, let us give thanks to Almighty God, whose omnipotent hand hath led us safely through all perils. When I came into office, in January, 1861, there had already begun to be heard the distant mutterings of that terrific storm that subsequently burst upon us in the attack upon Fort Sumter, and has raged with unabated fury during my entire term. The duties of the Executive office have in consequence been so greatly increased, as to seem to bealmost entirely of a military character-and in giving the Legislature information of the condition of the State, I shall be necessarily occupied very much in that field, and upon those subjects which connect themselves more or less intimately with it. The whole energies of our people have been taxed to the uttermost in the constant effort to raise their quotas of the volunteer troops, to supply the necessary funds to pay bounties, and meet the other financial requirements of the crisis, while at the same time they had to bear the ordinary burdens of civil government. That we have been enabled to bear at all this immense increase of the public burdens, is a subject for congratulation, while the fact that the State has grown and prospered in spite of them, should excite ï~~496 MESSAGES OF GOVERNORS OF MICHIGAN the most intense satisfaction, not unmixed with wonder. It has been demonstrated beyond cavil, that freedom is the best basis of power. FINANCES. The first, and one of the most important duties of every government, is the care of its finances. If these fail, or get into disorder, all its operations must either cease entirely, or be carried forward in such an imperfect manner, as to realize but a share of the benefits which are the objects of its institution. Success in this field is success everywhere while to fail here is disastrous to the same extent. On coming into the administration four years ago, we found ourselves confronted at the outset with most serious difficulties. The treasury was empty, and the Treasurer himself a defaulter in a large sum, and absent from his post and from the State, having made no report, and not being likely to make any of value. The Auditor General told us that we were in debt largely to the counties, to the asylums, and other public institutions, and recommended a temporary loan of one hundred and fifty thousand dollars, to meet these present pressing claims. His warrants had been sold in the eastern money markets at a heavy discount to carry on the ordinary operations of government. This state of things was the plain result of the want of a proper financial policy for many previous years. I took occasion then to say to the Legislature that "prudence and economy are the first duty of every government, as rashly incurring debt is the sure road to bankruptcy. We should at once adopt a permanent policy, looking to the steady reduction and final payment of the entire State debt." This course was adopted, with what success the present condition of the finances of the State sufficiently proves. The following extracts from the report of the State Treasurer for the year ending Nov. 30th, 1864, show the present financial condition of the State: The total receipts of the office, including last year's balance, are.................................................$2,444,242.25 The total payments for the same period is.... $2,004,194.98 Leaving a balance in the Treasury of.........440,047.27 $2,444,242.25 WAR EXPENDITURES AND RECEIPTS. The "War Fund" was overdrawn at the close of the last fiscal year........................................ $120,387.04 The amount of expenditures for the current year, charged for to this fund is,................................... 823,216.75 Making a total of................................ $943,603.79 ï~~AUSTIN BLAIR 497 Under the provisions of act No. 109, approved March 14, 1863, I have sold War Loan Bonds to the amount of.............................. $571,000.00 On which I received for premium and accrued interest,.................................15,316.36 By the provisions of "an act authorizing a war bounty loan," approved Feb. 5, 1864, a loan of $500,000.00 was authorized for bounty purposes, the money arising from the loan to be credited to the war fund. Under the provisions of this act I have issued bonds to the amount of........................... $230,000.00 All of which were taken up by this office for the sinking funds. Of the amount levied for interest on the "War Loan," I have credited the war fund for the amount of interest actually paid,........... 54,019.00 Amount of State bounty refunded,............. 50.00 The war fund is now overdrawn,..............73218.43 $943,603.79 SINKING FUNDS. During the past fiscal year the following sums have been set apart for the several sinking funds, to wit: War Loan Sinking Fund, from 1-16th mill tax.............$10,753.49 War Loan Sinking Fund, from surplus taxes levied for interest,.............................................. 30,674.00 Two Million Loan Sinking Fund, from 1-8th mill tax,..... 21,506.98 Primary School Fund, receipts from July 1, 1863, to July 1, 1864,.............................................. 131,892.19 University Fund, receipts from July 1, 1863, to July 1, 1864, 24,454.59 Normal School, receipts from July 1, 1863, to July 1, 1864,.. 2,510.93 $221,793.18 I have invested $230,000 for the sinking fund in war bounty bonds, as before stated. STATE DEBT. The funded interest-bearing debt of the State is as follows, to wit: Renewal Loan Bonds, 6's, due January 1, 1878............. $216,000.00 Two Million Loan Bonds, 7's, due January, 1868,........ 250,000.00 Two Million Loan Bonds, 6's, due January, 1873,...........500,000.00 ï~~498 MESSAGES QF GOVERNORS OF MICHIGAN Two Million Loan Bonds, 6's due January, 1878,...........500,000.00 Two Million Loan Bonds, 6's, due January, 1883,. o......... 750,000.00 War Loan, 7's, due January, 1886....................... 1,122,000.00 Ste. Marie Canal Bonds, 6's, due January, 1878,..........100,000.00 $3,438,000.00 The amount of non-interest-bearing debt is as follows: Adjusted Bonds past due,...............................$9,000.00 Full paid 5,000,000 Loan Bonds, past due..................12,000.00 War Loan Bonds, $100 and $50, called in,................ 1,150.00 $140,000 unrecognized 5,000,000 Loan Bonds adjustable for 80,999.80 Making a total of funded and fundable debt of........ $3,541,149.80 THE TRUST FJND DEBT. Is made up of the following amounts and funds respectively to wit: Primary School Fund,.................................. $1,032,638.95 University Fund,...................................... 247,146.89 Normal School Fund,.................................. 33,000.33 Railroad Deposits...................................... 2,157.32 $1,314,943.49 This exhibit is most satisfactory. The State has met all her obligations promptly, and will continue to do so, having now in the treasury a surplus of near $450,000. The Sinking Fund is rapidly absorbing the public debt, and but for the necessary increase from war loans, would soon make an end of it. We hope, of course, that this cause for increase will quickly pass away. I have thus contrasted the present condition of the finances with that existing at the time of my coming into office, not for the mere purpose of comparison, but to emphasize the recommendation that the present policy should be continued without material change. It consists simply in paying off the public debt as rapidly as possible, by means of the Sinking Fund, and of creating no new obligations, either to the "trust funds" or otherwise, except in great emergencies; and uniformly laying taxes sufficient to meet appropriations. I have the satisfaction of adding, that the finances of the State have not suffered in any degree within the last four years from the frauds or peculations of publie officers. The defaulting Treasurer was legally prosecuted, convicted and punished, and it is to be hoped that that wholesome example will ï~~AUSTIN BLAIR 499 be efficient to prevent the occurrence of like crimes hereafter. Some effort has also been made to recover the amount lost from the sureties upon the official bond, but I am compelled to say with little success. The sureties were found to be irresponsible, and I here is little doubt that the entire amount of the defalcation will prove a total loss to the State. STATE PRISON. The condition of the State Prison has not materially changed since my last communication to the Legislature. The number of prisoners suffering punishment there has steadily declined since the commencement of the war, and will doubtless continue to do so. This will have the effect to render the prison less and less successful, financially, while Ihe war lasts. Its expenses have also been largely increased by the general appreciation of prices in the country. The number of prisoners, as shown by the Agent's report, -is now 292. All the laws provided for the government and discipline of the State Prison, I believe, are working well and require no material change. The pardoning power has been exercised of late, with perhaps a more than ordinary liberality. The judges, prosecuting officers, and the people generally, have been urged and stimulated to greater activity than usual in this direction by the exceeding great demand both for soldiers and. laborers, and I have felt compelled to grant their petitions more freely than herelofore. I am, however, well satisfied with the result in the cases of pardoned convicts, with very few exceptions. Many of them are doing valiant service in the ranks of the country's defenders, some have died in battle, and others are supporting themselves by honest labor. A supplement to this message will be submitted, containing the list of pardons, with the reasons for each at length. For full details in regard to the condition of the State Prison and its wants, I refer you to the full and satisfactory reports of the Agent and Board of Inspectors. STATE REFORM ScHooL. In my message to the legislature in January, 1863, 1 called its attention to the rapid increase in the number of boys in the Reform School, and recommended that some legislation be had to prevent the evil. The same or even a greater rate of increase has continued up to this time, and it is evident that the number must be restricted or the capacities of the School must be greatly increased to accommodate a much larger body. The Board of Control report the number of inmates of the School, November 16, 1864, to have been 214, of whom 114 were received the previous year. There were dismissed in all ways, during the year, 87, but two-thirds of these were allowed to enlist in the army. "Should this outlet be stopped," the Board say, and they "compelled ï~~500 MESSAGES OF GOVERNORS OF MICHIGAN to discharge only" on reformation, as the law requires," by November 16, 1866, the number will not fall short of 300. The Legislature appropriated to carry on this School for the years 1863 and 1864, $15,000 per annum. The Board have expended this sum, borrowed $8,000, and will need $6,000 more to keep along until your appropriations shall become available. There will be required, therefore, at your hands, an appropriation of $14,000 to supply deficiencies for the two past years, and $44,000 for the years 1865 and 1866, according to the estimates of the Board of Control. These sums are sufficient, I think, to attract your attention, and the whole subject requires thoughtful consideration. The Reform School is one of the noblest charities of the State, and deserves the fostering care of the Legislature. It has two objects in view: first, the punishment of crimes; but, secondly, and principally, the education and reclamation of those criminals whose tender age gives assurance that they are still within the reach of reformation. It is to some extent a prison, but much more a school. It is not intended to bring within it all the idle, vagabond children of the State, but only such of them as are found committing such offences as society cannot tolerate, and allow the criminal to be at large. In our legislation thus far, I think two mistakes have been committed-the one is allowing too young boys to be sentenced to this school, and the other is not guarding sufficiently the trial, conviction and sentence of these youthful criminals. In my judgment, no boy should be sentenced there who is under ten years of age. He can hardly be said to be capable of crime at an earlier age, and needs much more to be guided and governed, than to be shut up and punished. We ought also to take care that only such are convicted and sentenced as are really guilty of serious offences; in other words, we should prevent its being made a poor-house. For this purpose, I am satisfied it will not do to let every justice of the peace convict and sentence without restraint. Under the present law, boys are sentenced to the School who are of the age of seven years and upwards, and for the smallest offences. Can it be wise to allow justices of the peace to sentence boys to the School for 14 years for the simplest misdemeanors? The law organizing the "House of Correction," as it was originally called, contemplated the confinement within its walls of only those boys under sixteen years of age who should be convicted of crimes punishable by imprisonment in the State Prison. The law was changed to its present form in 1861. It will be found necessary either to reduce considerably the number of sentences to the Reform School, or greatly extend its capacity to receive those sentenced. As to which is the preferable course, the Legislature must decide. I believe the School is well conducted under its present management. ï~~AUSTIN BLAIR 501 THn ASYLUMS. The reports of the several Boards of Trustees will give full information of the condition and wants of the Asylums for the Deaf, Dumb, and Blind, and for the Insane. These Institutions are both of them still unfinished, and their usefulness is consequently not equal to the intentions of their founders. I think the time has arrived when great efforts should be made to conmplete them both speedily. The whole capacity of the Asylum for the Insane is needed now, and humanity requires that the need should be supplied. It is impossible that insane persons should ie )properly treated at any other place thait in a well regulated asylum. They are both being conducted skillfully and economically, and I reconnend great liberality toward them. Tim CANAL AND THE UPPER PENINSULA. The business of the St. Mary's Falls Ship Canal continues yearly to increase. The gross earnings for the present year have been above thirty-four thousand dollars. The work is in fine condition, no accident of any considerable magnitude having befallen it during my term, and it still promises to be of great value to the trade and business of the State. Thus far it has been the outlet for the entire business of the immense mineral region lying upon Lake Superior. That will cease to be the case hereafter. The construction of the Peninsular railroad from Little Bay De Nocquet to Marquette will furnish another and rival route; but I have no apprehension that it will supersede the Canal, or even seriously interfere with the amount of business passing through it. The rapid growth and wonderful development of the mineral regions of the Upper Peninsula, will furnish abundant employment for both routes, and will quickly require others. It is beyond question, if we consider the extent and variety of its products, the most important mineral country on the globe. It will be your duty to consider carefully what legislation may be required to accelerate the development of the immense resources of this country. Its remoteness from the most thickly settled portions of the State, and the peculiar character of its population and business, require laws and regulations peculiar and appropriate to its situation. I recommend especial attention to the interests and needs of this region. SWAMP LANDS AND ROADS-THE MILITAUY ROADS. The policy adopted for the disposition and reclamation of the swamp lands by means of roads and ditches, which has become settled by the action of past Legislatures, continues, I think, to meet the approbation of the people. The newer and more feeble settlements of the northern portion of the State have been greatly aided by the appropriation ï~~602 MESSAGES OF GOVERNORS OF MICHIGAN of those lands to the building of roads, the first requirement of every new country. The situation of the country has interfered injuriously with the construction of the roads for the past two years; but considerable progress has been made in spite of all difficulties, and sound policy requires that they should be encouraged in all proper ways. By an Act of Congress, approved June 20, 1864, a large grant of lands was made to the State of Michigan for the construction of two wagon roads for military and postal purposes. One of them to run from Saginaw City, by the shortest and most feasible route, to the Straits of Mackinaw, and the other from Grand Rapids, through Newaygo, Traverse City and Little Traverse, to the same point. The grant is a liberal one, being of three sections to the mile, and should result in the construction of a good road. The act provides that the roads shall be located, surveyed, and constructed under the direction of such commissioners as the (Jovernor may appoint, but has made no provision for the payment of the commissioners or their expenses. It seems to have been supposed that the State would be willing to do this. And the supposition was reasonable. Inasmuch as Congress has freely granted the land, it is not too much to ask of the State to pay the expenses of location and superintendence. I recommend that an appropriation of money be made for this purpose. It is reasonable to anticipate great benefits to the State to arise from the construction of these roads. AGRICULTURE AND THE COLLEGE. Agriculture is the main pursuit of the great mass of our people, and must always so continue; and it has been properly a cherished object of legislation to promote improvement in this pursuit, in all legitimate ways. State and county societies and fairs have been liberally encouraged, and a system of liberal education, bearing upon it, has been inaugurated. It has come now to be admitted by all intelligent persons that a farmer is as largely benefited by a thorough education and study, as the lawyer or the doctor, and the fact is clear that there are very few of the sciences and arts taught in the schools that do not miore or less directly bear upon agriculture. Michigan has a fair claim to the credit of being the first State to establish a College under State patronage, for the especial purpose of teaching those sciences and arts which more immediately concern the business of farming. This Institution (the Agricultural College,) has, from the first, had to struggle with many and serious difficulties. Among those were a general want of confidence in its ultimate success. Its entire want of endowment and dependence upon the varying ideas of successive Legislatures, rendered even its continued existence doubtful. I think we may now safely say its dangers are all passed, and its permanence and success secured. As an institution of learning, it has been steadily advancing, until now, ï~~AUSTIN BLAIR 503 I believe, it will compare favorably with any in the western country. Its full course of study, occupying four academic years, is thorough and well adapted to its object, which is to make learned men, and skillful, practical farmers. The corps of professors and teachers is sufficient, and they are fully competent for their duties. The Institution is fully organized, with its President, Secretary and Faculty, under the supervision of the State Board of Agriculture. This Board has proved a most intelligent and valuable body, and to its wisdom and energy the College owes much of its success. Its success in the future promises to be substantial and great. The agricultural Land Grant, when it shall have been turned into productive resources, will place the College upon a basis of independence and usefulness, surpassed by none. The Commissioner of the State Land Office, to whom was committed, by the Board, the duty of selecting these lands, reports that about one hundred and fifty thousand acres have been selected, and the preliminary steps have been taken for the selection of the remaining ninety thousand acres. So far, I am satisfied the lands have been well selected. Some years will intervene, no doubt, before the fund to be created by the sale of these lands will become adequate for the support of the College, though I hope that some relief to the State may be realized quite speedily. Until the fund does become sufficient, it will be necessary still to resort to the yearly appropriations for carrying on the Institution, as heretofore. The State having accepted the grant from Congress, has bound itself in good faith to maintain the College, and to add the professorships required in the act making the grant. Regarding the contingent existence of the Institution now as an established fact, I recommend the Legislature to deal liberally with it in the matter of its finances. GENERAL EDUCATION. The report of the Superintendent of Public Instruction will give you full and ample information in regard to the public schools of the State, and the University. The education of the people is the object at which we all aim. Provision has been made by taxation for free schools for all the youth of the State-the Normal School for the training of teachers, and the University for the education of all such as seek to become students in the higher branches of learning. We are said to be successful, and perhaps we are reasonably so. But do we, especially in the common schools, accomplish all that ought to be accomplished? In one respect we certainly fail. There have not been brought into the free schools all those children of the poor that ought to come there; quite the contrary. But are the schools themselves what they should be, considering the amount of money expended upon them? I must confess to a belief that they are not. A large number of the people seem ï~~504 MESSAGES OF GOVERNORS OF MICHIGAN to suppose that when they have paid their taxes to support a free school, then their entire duty is done; they give the school itself no attention, but leave it to take care of itself. This is the one great evil of the free school system. Even the rate bill did the one good thing, that it aroused the attention of those upon whom it was levied. The School Boards are not always competent, and are not likely to be, under the present system of popular election. Can the primary school system of the State be rendered more efficient and useful by any change in the laws, is a question that1 believe ought to occupy the earnest attention of the Legislature. I have once before stated to the Legislature my opinion that a system of county superintendents of schools might, to some extent at least, reach this object. If such a system should be adopted, the mode of appointment of the superintendents would be very important; it should be such as to secure careful deliberation, and avoid as far us possible, all merely political influences. The University, at Ann Arbor, continues to merit and receive the confidence of the people, and is, I believe, realizing the best hopes of its friends. The same may be said of the Normal School, at Ypsilanti. There is also growing up in the State a nuimber of colleges and other institutions of learning, which are supported entirely without State assistance. They are doing great good, and deserve encouragement in all practicable ways. THE SOLDIERS' VOTE. The "Act to enable the qualified electors of this State in the military service to vote at certain elections," approved February 5, 1864, requires some amendment. The authority to open polls at hospitals is not expressly given, as it should be, though I think it is, by fair inference. Some confusion has also occurred among the boards of canvassers of the several counties as to their duties in making returns to the Secretary of State, some supposing that no returns should be made until the final completion of their entire canvass. I recommend a careful revision of the law in these respects, and in any others in which the law may be found to lack in directness and clearness of language. In its main features the law has been found to operate admirably. The voting under it was done with as much order and propriety as at any of the polls in the State, and I hear of no complaint, from any quarter, of unfairness, or undue influence exercised over the soldiers. The voting was free, open, fair and intelligent, completely answering every objection to the policy of such a law. That volunteers in the military service shall vote in the field has become the settled policy of the whole country, and care should be taken to perfect our laws upon the subject. ï~~AUSTIN BLAIR 505 NATIONAL CEMETERY AT GETTYSBUIU. At the extra session in 1864, an Act was passed "to provide for the preparation of the Soldiers' National Cemetery at Gettysburg, in the State of Pennsylvania." For that object the sum of $3,500 of the war fund was appropriated, and a commissioner was authorized to be appointed to superintend the disbursement of the money. Such a coinmissioner has been appointed, and I have drawn from the appropriation the sum of twelve hundred and sixty-five dollars, which has been paid to the treasurer of the corporation created by the statute of Pennsylvania for the preparation of the Cemetery. The money will be called for from time to time as the work progresses. My vouchers for the payment of this money I have filed in the office of the Auditor General, though the Act did not prescribe any place for such filing. The Cemetery is in rapid progress towards completion, upon such plans as could be produced by the best artistic skill of the country. I am satisfied that when finished it will be worthy of the great event it is intended to commemorate, and a fitting tribute to the gallant men who offered up their lives there for the salvation of their country. The column of victory will tower there through the ages, over the resting place of the heroes who fell in its grandest hour. The report of Hon. T. W. Ferry, Commissioner, is herewith submitted, containing a recommendation of an additional appropriation of twenty-five hundred dollars, which I think should be made. It has been rendered necessary by the immense increase in the price of labor and all the articles used in the construction of the work. For a more full statement of the condition and progress of the work, I refer you to the report itself and accompanying documents. MILITARY. Since my last biennial message, great activity has prevailed in all military operations. Very large calls have necessarily been made upon the State for volunteers, all of which have been filled with great promptness but at very heavy expense; and still this work is by no means finished. A call is now impending, under which the quota of the State has lately been assigned, and does not vary much from six thousand men. The whole number raised and organized in the State since the beginning of the war, is now a little in excess of eighty thousand, (80,000). Of these, thirty-five thousand have been raised since January, 1863, though there have been added to the permanent organizations of the State only four new regiments of Infantry, five of Cavalry, and six batteries of Light Artillery. The State has now organized and in service thirty regiments of Infantry, eleven regiments of Cavalry, one regiment of Light Artillery, and one regiment of Mechanics and Engineers, besides two independent batteries of Light Artillery, and fifteen ï~~506 MESSAGES OF GOVERNORS OF MICHIGAN companies for various arms of service. It is not probable, and certainly it is not desirable, that any more new regiments will be formed. Many of the veteran regiments are much reduced in numbers and sound policy requires that their ranks should be speedily filled. It has been my steady effort since the war begun to fill up old regiments rather than to form new ones. The advantages of this course are obvious, even to those who are unacquainted with military affairs, and they apply with double force where the men are enlisted for short ternis. The new recruit very quickly learns his duty if placed in an organization among veterans; but put a thousand of them together, under officers like themselves, and the case is different as possible. The policy of the Government of the United States has also been adapted to the strengthening of the old organizations, and as there are now in the field regiments more than enough to contain all the quotas called from the State, I think we may regard it as settled that few, if any, new ones will hereafter be formed. The question most important for the Legislature now to settle, is the mode hereafter to be pursued in filling the quotas of volunteers for the State. Thus far, no very fixed and steady method has been pursued. Our action has been spasmodic. Sometimes we had paid a State bounty, and sometimes not. Some localities have paid a local bounty, and some none at all, and this has been in some towns very unreasonably large in amount, and in others quite small; and sometimes it has been raised in accordance with the laws, but quite as often without much reference to the law, and the Legislature has been appealed to for the purpose of legalization. In my message to the extra session of 1864, my views are fully stated upon this question of bounties, and they are still in the main unchanged. The Legislature did not then altogether agree with me, but in opposition to my recommendation, authorized a State bounty to be paid to all volunteers alike, of one hundred dollars, and at the same time authorized the towns to raise a like amount. A half million was appropriated to pay this State bounty, but we had only begun to raise our quotas when the appropriation was exhausted. I believe that so far as getting an additional volunteer is concerned, it is very questionable whether this expenditure has accomplished anything; and now this Legislature will find that all the men who have volunteered since the State bounty ceased to be paid for want of money, will request that an appropriation be made sufficient to pay them the same amount that the others have received, and for that purpose alone not less than seven hundred thousand dollars would be required. I shall not recommend it, though it will be very difficult for you to give a satisfactory reason for a refusal, which would not be equally a reason for rejecting the law itself. In my judgment, this whole business of bounties has been carried to a great excess, resulting in excessive taxes, with great de ï~~AUSTIN BLAIR 507 moralization of the people, and with no corresponding benefit to the government or to the soldier himself. Reasonable bounties, enabling the soldier to place his affairs in a thrifty condition, with proper provisions for the care and support of his family while absent, are wise and well-timed, but they should never reach the point where the service of the country becomes a matter of merchandise. The citizen owes service to his country as a patriotic duty, and his true reward consists in the laurels which adorn the hero's brow. These cannot be bought with money, nor will any soldier ever wear them worthily who enters the service merely for a bounty. My own judgment has been that a mnoderate local bounty, added to that paid by the United States, is all sufficient; but if any State bounty was paid at all, it should be only to those old soldiers who will reenlist, after previous term has expired. It is a great object to retain these veterans in the service. It is not too much to say that one of them is worth three new recruits. The local districts will not usually make any distinction, because they are intent only on the filling of quotas. Such a State bounty might possibly do good. The system of bounties, as practiced in the country generally, has filled it with a set of desperate villains, who, as substitute brokers or middle men, rob and plunder the soldiers and the people alike. I do not know as it is possible to be rid of them, but they are a set hard to bear with. I must leave this whole subject to the careful consideration and matured judgment of the Legislature, satisfied that the true interests of the soldiers and the people will be safe in their hands. Certainly, I shall be the last man in the State to find fault with any sacrifice, however great, that may be thought necessary for the welfare of the Michigan soldier in the field. The true soldier, who, with earnest devotion to his country, has taken up arms in her defence, and enduring all hardships, has periled everything for the service, not regarding his own life, deserves much more than we are able to pay. Ilis service is of that priceless sort which cannot be measured with money. By an act of Congress, approved July 4, 1864, "further to regulate and provide for enrolling and calling out the national forces," it is enacted: "That it shall be lawful for the Executive of any of the States to send recruiting agents into any of the States declared to be in rebellion, except the States of Arkansas, Tennessee and Louisiana, to recruit volunteers under any call under the provisions of this act, who shall be credited to the respective sub-divisions thereof which may procure the enlistment." Under the provisions of this law, and the orders of the War Department issued in accordance with it, I have issued letters of appointment to a considerable number of recruiting agents, requested by various sub-districts, for the purpose of filling their quotas under the call of. the President previous to the one issued recently. As a general rule, ï~~508 MESSAGES OF GOVERNORS OF MICHIGAN these agents were unsuccessful. They went out, of course, entirely at the expense of the localities procuring their appointment, as I had no fund that could be used for that purpose. I have not much confidence in the beneficial results to be derived from the operations of this law, and, therefore, shall make no recommendation in regard to it. But it is obvious that if the State wishes to take advantage of its provisions, it will be necessary to provide by law for the appointment of a number of permanent agencies in the rebel States, with ample means to compete with other States which will meet them with like agencies at every point. Whether this course is advisable, your honorable bodies must decide. By the Act approved Feb. 18, 1863, "for the relief of sick, disabled and needy soldiers", there was appropriated the sum of twenty thousand dollars from the war loan fund, and it was set apart as the soldiers' relief fund. This fund the Governor was authorized to use in his discretion for the class of persons mentioned in the title of the Act, and for the purpose to appoint one or more agents. In carrying into effect the wise and benevolent intention of this law, five permanent agencies have been established, employing six agents, as follows: One in the city of Washington, employing two agents, and one each in the cities of Nashville, St. Louis, Louisville, and Detroit, employing each one agent. In addition to these, some special agents and many volunteer surgeons have been employed, being paid expenses only. I have drawn from the Treasury, out of the fund, the sum of eighteen thousand dollars and probably the remainder will be required to pay outstanding liabilities. My statement of the expenditures, and vouchers for the same, are on file in the Auditor General's office. I am satisfied that in no other way could the soldiers have been benefitted to an equal degree by this amount of money. The number relieved has been very great, and in most instances at a small expense. The agencies have become homes for the soldiers, when separated from their commands, and they resort to them for information and assistance in every emergency-to break them up would occasion deep regret among all our troops. I earnestly recommend that a like appropriation be made for the next two years. Gentlemen--Again and for the last time I commend the Michigan troops to your continued care and support. They have never failed in their duty to the country or to the State. Upon every battle-field of the war their shouts have been heard and their sturdy blows have been delivered for the Union and victory. Their hard-earned fame is the treasure of every household in the State, and the red blood of their veins has been poured out in large measure to redeem the rebellious South from its great sin and curse. At this hour they stand under the flag of their country, far away from home, in every quarter where the enemy is to be met-along the banks of the father of waters-in the great city at his mouths-on the Arkansas-in the captured forts of the Gulf-by the ï~~AUSTIN BLAIR 509 waters of the Cumberland, the.Tennessee, and of the Savannah-in the chief city of the Empire State of the South-among the conquering columns in the Valley of the Shenandoah, and in the trenches under the eye of the Lieut. General in the great league of Petersburg 4nd Richmond. Alas, that they are also perishing of cold and hunger, and disease, in the filthy rebel prisons and pestilential camps of the South. In every situation their bravery has won the approval of their commanders, and their heroic endurance of, hardships has added lustre to their name. It is my sole regret at quitting office that I part with them. My earnest efforts for their good shall follow them while I live, and now from this place I bid them hail, and farewell! THE UNION AND LIBERTY. The great conflict has had its useful lessons. Under the hard experiences of the past four years, the relations sustained by the State and National governments towards each other have come to be more clearly understood and more accurately defined. We understand now the full meaning of that pernicious phrase "sovereign States", which had stealthily crept its way into so many public documents, political speeches and platforms, and finally into the common language of the people, until it came to teach and be understood to mean that there was no other sovereign in this country but the States, and that whatever they decided to do, it was lawful to perform. Under this teaching, the foundations of loyalty and fidelity to the National Government were sapped, and insensibly -the false theory grew and extended itself, until, under the shadow of that upas tree, the whole body of the rebellion found shelter and protection. It had in it just enough of truth to conceal its fundamental errors. When applied simply to the authority of the States over their own domestic affairs, there is no objection to it, though even then the word sovereign is not very correctly applied. A sovereign, without authority to make war or conclude peace, to make treaties or contract alliances, or even to coin money or levy duties and imposts, is certainly not a very dignified one, nor is he likely to have the nations much in awe. There is and can be, under the Constitution of the United States, only one paramount sovereign authority, and to that every other is subordinate. Nor does this theory in the least interfere with the proper and harmonious working of our system. On the contrary, it is essential to it. The rights reserved to the States are not in any respect interferred with, though some of the claims which have been set up for them may be. It is not surprising that some of the powers assumed at this time by the National Government should startle the unreflecting by their apparent departure from former precedents. The fact that the exigencies of the country have not previously called for their exercise, does not, however, prove that they do not exist. A state of war necessarily calls for the ï~~610 MESSAGES OF GOVERNORS OF MICHIGAN exercise of the utmost powers of sovereignty, which are wholly disused in time of peace. More especially is this true of a domestic war like the present. The whole war power is conferred by the Constitution upon the National Government, and the propriety of its exercise at such a time as this will hardly be questioned. In fact the imperative necessity for its exercise is one of the propositions made too clear for argument by the condition of the country. The people of the Loyal States have acquiesced in it with great unanimity. They have disregarded the unreasonable and factious complaint that the liberties of the country were endangered by the encroachments of the general Government, and have most emphatically sustained the Administration. They know that the liberties and existence of the country are threatened together by the rebellion, and that they can only look for union and peace through the total destruction of that rebellion. For this purpose they have rallied around and upheld the government of the United States, and they will continue to uphold it. The march of events has made many things clear which have been considered doubtful. Four years ago, when we assembled here, the discussion turned upon the repeal of the personal liberty laws, and the propriety of sending commissioners to meet John Tyler and his Virginia traitors to endeavor to effect another compromise. Michigan spurned both, to the great grief of timid conservatives, and declared that she demanded her rights under the Constitution, and intended to accept nothing less; that she would abide by the law, but the day of compromises was over; she would not meet Virginia to consider whether by further abasement we could win her to remain in the Union; the Union was a fixed and eternal fact, and if any should attempt to destroy it, and our birthright in it, then she offered the national government her entire military and monetary power to maintain it by force of arms. And she has kept her pledge. Who now would have had it otherwise? Many a brave hero has bit the dust maintaining that pledge; many a household has been draped with mourning, and many a heart has broken. But who would take it back? That is priceless which is bought with blood. Thus has our national Union been made sacred, and its emblems endeared in the hearts of the people. Thus we restore national sentiments, national honor and national faith. Have we paid too high a price for it? We do more; instead of casting down any of the safeguards of liberty we rebuild the ancient landmarks of freedom and destroy forever the bulwarks of slavery. Prejudices made venerable by age, which nothing else could have made respectable; time-honored stupidity, once called statesmanship, and even the religion of mammon, are being swept away in the earnestness of the conflict, which every one now knows to be irrepressible. Men drive at once at the root of the matter, and having found the infamous author of all our troubles, they recognize our ï~~AUSTIN BLAIR 611 old acquaintance, "the peculiar institution", and prepare a fitting end for him. As he has lived and increased in power and become bloated with pride, through hypocritical pretence of reverence for the Constitution and impudent demands for its protection, so let him perish by the Constitution which he has insulted and defied. By the glorious amendment of universal freedom, we are about to break every yoke, wipe away the last spot from the national banner, and stand forth a nation of freemen indeed. And the people cry amen and amen! Who now would have this otherwise? The close of the great drama approaches. The skies of the Southern horizon are lighted up with the glow of Union victories. The proud and boastful chivalry fly before despised mudsills, "the greasy mechanics and small fisted farmers" of the North-nay, before the dark-skinned bondmen of their own household. No part of their territory is longer safe from invasion. The army that started to avenge the fall of Atlanta by planting its victorious banners upon the banks of the Ohio, routed and broken, is fleeing to hide itself south of the Tennessee. Deprived, to a great extent, of its transportation, its arms and munitions, it is not likely that it will ever be really formidable again. At the call of their Commander-in-Chief they have "pressed the soil of Tennessee", but all in vain. Tennessee has thrust them forth from her loyal bosom in the smoke and flame of battle, and henceforth she is free. The Empire State of the South has been traversed by a Union army from border to border, from mountains to the sea. The shell of the rebel power is broken, and its hollowness laid bare. The fairest fields of their sunny South are laid waste, and there are none to defend them. Cotton is no longer King, but a fallen captive. The army that was to recapture the valley of the Shenandoah and carry the war across the Potomac upon Northern ground, thrice beaten, has consulted its safety by giving up its work and seeking safer and more quiet camping ground. Only a single army remains to the Confederacy and that under its boasted "invincible Chief", has fled to its intrenchments around the besieged capital. How long can it stand? Only until the Union armies, flushed with victory, and strengthened by reinforcements, at the command of the Lieut. General, from every point of the compass, commence their triumphal march upon the doomed place. It will fall, and in its fall the Confederacy, black with treason, stained with blood, and abhorred by all good men throughout the world, will perish miserably. Upon the blackened spot where it fell will rise in resplendent beauty the re-established Union, purified in the heated furnace of its fierce trial; consolidated in unity and affection by common sufferings and dangers; adorned with the garlands of victory and peace, it will start upon its new career. It is the career of liberty to all men. This is proclaimed to whom it may concern. In fancy we ï~~512 MESSAGES OF GOVERNORS OF MICHIGAN might seek to penetrate the future, and proclaim the triumphant progress of our country in its new path. But not now. It is enough that it is clear and bright. Peace approaches, following victory. Its dawning is already visible, and its full blaze will fulfill our utmost desire. AUSTIN BLAIR. ï~~GOVERNOR HENRY H. CRAPO ï~~ ï~~V2t ï~~HENRY H. CRAPO ï~~BIOGRAPHICAL SKETCH. HENRY HOWLAND CRAPO was born at Dartmouth, Massachusetts, May 22, 1804. His father was of French descent, and was very poor, cultivating a farm which-yielded little for a livelihood. The opportunities for education were scant, but with an active mind, energy and a determination to learn, the soon took advantage of the near-by town of New Bedford to pick up some knowledge of books. He fitted himself. for teaching and took charge of the village school at Dartmouth. When this was changed to a high school he became its. principal. There being an opening for a land surveyor, he quickly made himself familiar with its duties and requirements, and with" his own hands, through the kindness of a neighboring blacksmith, made a compass and began life off the farm as a surveyor. In 1832 he took up his residence in New Bedford and followed his occupation as a surveyor and occasionally. acted as auctioneer. He was elected town clerk, treasurer and collector of taxes, in which positions he served for about fifteen years. When New Bedford was incorporated as a city he was elected an alderman. He was appointed chairman of the committee on education and as such prepared a report upon which was based the establishment of the free public library of that city, the first of its kind in this country, ante-dating that of Boston by several years. He was a member of the first board of trustees. While a resident of New Bedford he became greatly interested in horticulture. He acquired a quite unpromising piece of land which he subdued and improved, and upon which he planted and successfully raised a great variety of fruits, flowers, shrubbery and ornamental trees. He soon became widely known for his efforts in horticulture, was a noted exhibitor at fairs and a valued contributor to publications on that subject. The chief industry of New Bedford at that period was whaleing, and the fitting out of vessels with supplies; the receipt and marketing of the cargoes was the leading industry, which was very profitable. Mr. Crapo became interested in these enterprises and was. part owner of a vessel which bore his name and which made successful. voyages. He was also interested in fire insurance and was an officer of two companies. Having invested in pine lands in Michigan, he removed to the State in 1856 and settled at Flint. Here he engaged extensively in the manufacture and sale of pine lumber. Branch establishments were set up by him at Holly, Fentonville and Detroit. Engaging in this business with his characteristic energy and shrewdness, it was not long before he was recognized as one of the most successful lumbermen in a State ï~~MESSAGES OF GOVERNORS OF MICHIGAN noted for successful lumbermen. He was mainly instrumental in the construction of a railroad from Flint to Holly, where it connected with the Detroit & Milwaukee. This road was afterward expanded to the Flint & Pere Marquette and stretched across the State to the Lake Michigan shore. Mr. Crapo was active in public affairs in his home city, of which he was elected mayor, after a residence of only a few years. In 1862 he was elected a State Senator and proved himself to be a very practical and useful member. In 1864 he was elected Governor of Michigan and was re-elected in 1866. The inaugural message of Governor Crapo to the Legislature of 1865 is characterized by his hard-headed good sense. He advocated the prompt payment of the state debt and the adoption of the permanent policy, "Pay as you go". This policy led to a close scrutiny of all appropriations and prevented the incurring of any indebtedness for schemes and enterprises of doubtful expediency. He urgently advocated measures to induce immigration to the State. The Legislature heeded his advice and a bill was introduced and favorably reported in the Senate, creating an immigration commission, providing for the appointment of an agent and for the systematic circulation of literature, to be distributed in Europe, inviting the attention of intending immigrants to the advantages of Michigan. This bill was not acted on at that session, but a few years later the subject was taken up persistently. It appears that other Western states, notably Illinois, Wisconsin and Minnesota, were already in the field and had agents in New York and in Europe in their own interests. It is said that these agents, not content with picturing in flowing colors the advantages of the states which they represented, sometimes went out of their way to disparage Michigan. It was charged that immigrants who were under contract and whose expenses to this country had been paid by Michigan manufacturers, were tampered with in their arrival in New York by agents of rival states, and induced by representations of doubtful veracity to violate their contracts. It was this sharp practice at which one feature of the proposed legislation was aimed. The Governor called special attention to the natural resources and the situation of the state with reference to manufacturers. With so many and so varied advantages, he argued that the State should be no longer dependent on eastern manufacturers, but should make its own supply of needful articles and also meet the demands of the western market. To this end he encouraged all measures having a tendency to invite capital and labor in any and all branches of manufacture. Another important subject of the time was the disposition of swamp lands. The general government had given to the State six million acres of what.were described as swamp lands. Not that all, nor really any ï~~HENRY H. CRAPOP 517 considerable portion, of such lands were actually in swamps. In some localities they were overflowed at certain seasons; in others, beaver dams had given them the appearance of swamps, and in almost all cases they could be drained and subdued at small cost, and possessed a very rich alluvial soil. The question was how to dispose of these lands for the best interests of the State. In 1859 the Legislature adopted te policy of appropriating such lands for the building of roads. The purpose of the general government in donating the lands to the State, as set forth in the act of Congress making the cessiorq, was to provide for their reclamation by means of levees, drains, etc. Nominally a road might be considered a levee and practically. in many instances; the building of a road was as good a way as any of reclaiming the lands and opening them up to settlement. The policy had been pursued with satisfactory results on the start, but gradually degenerated into the grabbing of valuable tracts by contractors for the building of roads which began nowhere and ended nowhere, and for roads begun but never finished, and by combinations of greedy persons who were robbing the State. The Governor called an emphatic halt to the practice and urged the Legislature to take steps to rescue the remaining acres. The Legislature responded by passing an act for the appointment of a swamp land commissioner to examine all roads, inquire into the facts and circumstances of the letting of contracts, and requiring his approval of all unfinished contracts before payment should be made. There was considerable popular prejudice against the Michigan Agricultural College. Even the farmers themselves, who had decided views on the question of economy when taxpaying time came around, felt that it was an expensive luxury which had very little to show as justification for its existence. In 1862 the general government made an appropriation of 240,000 acres of public lands for the maintenance and support of such an institution, which grant had been accepted by the State. Governor Crapo counseled suspension of judgment and giving the institution an opportunity to do justice to itself and its friends. The Legislature heeded his advice and made a liberal appropriation to set the college upon its feet. Governor Crapo exercised the pardoning power with extreme caution. He held the view that the executive had no right to annul or make void the acts and decisions of judicial tribunals in the trial, conviction and sentence of any person unless in the contingency of the discovery of new facts which would, if proved upon the trial, have established the innocence of the accused, or so mitigated the offense that a less penalty would have been imposed. While he admitted that extreme cases might arise under circumstances which would make an exception to the rule desirable, he held to it quite rigidly. In reply to the claims that a convict having suffered for a time and the public excitement and notoriety ï~~518 MESSAGES OF GOVERNORS OF MICHIGAN of his offense having *passed away, no possible good can be gained by keeping him longer in' prison, he insisted that the principle of justice and the claims of society for self-protection must not be lost sight of. At the biennial election of 1866 Governor Crapo was elected for a second term by a majority of upwards of 29,000. Governor Crapo entered upon his new term of office in January, 1867, somewhat broken in health, but with mind as vigorous and active as ever. In spite of his impaired physical condition, he insisted upon personally looking after his extensive private interests, and kept in close touch with all public affairs. His second regular message to the Legislature was a full and lucid discussion of all the problems then before the State authorities. He again dwelt on the immigration question, but the Legislature adjourned without making effective his recommendations. Governor Crapo was very sparing with vetoes and it is notable that they were for. the most part sustained. The most exciting event during his entire gubernatorial career grew out of his vetoes in the matter of aid to railroads. That was the day of feverish railroad building schemes. Rural communities were exceedingly anxious for railroads, and many villages were induced to support projects which would make them railroad centers. In several instances the people did not wait for legislative authority, but went ahead and voted aid, issued and put bonds on the market and then came and asked the Legislature to validate them. With a veto message, Governor Crapo called a halt to this practice. It is interesting to observe with what neatness he countered arguments of those who said the thing done should be legalized to save investors in the bonds. The schemes expanded insidiously. At first the aid voted by municipalities was limited by law to five per cent of the assessed valuation of the municipality; shortly this was increased to ten per cent, with a tendency to further increase the rate. At first the district included in the liability on the bonds was the municipality; shortly this was extended to include the entire county in which the municipality was situated. But most important of all, he vetoed the acts passed to permit localities to vote aid to railroad enterprises. The thing having previously been done and being considered so much a matter of course, he did at the outset approve such bills. But he soon saw the tendency of such legislation and when the bills came pouring in on him he waited until some fourteen had accumulated and then sent them back with a message which settled the case, so far as he was concerned. He called attention to the provision of the constitution that "the credit of the State shall not be granted to or in aid of any person, association or corporation; the State shall not subscribe to or be interested in the stock of any company, association or corporation; shall not be a party to or interested 'in any work of internal improvement." He argued that the principal con ï~~HENRY H. CRAPO sidered by the framers of, the constitution so essential for the protection of the State should by implication, at least, apply to towns and counties. While refraining from discussing the judicial aspect of the question, he believed that all would agree with him that all this proposed legislation was of doubtful constitutionality. He went to great length in discussing the economic bearings of the question. He believed the permanent welfare of the State would be injured. While railroads were desirable and greatly beneficial to a community, if they were secured at the cost of. an accumulation of municipal debt and enormous taxation we should destroy the value of property and retard settlement. Then, instead of increased growth and resources, we should drive away population and wealth. At a time when other states were trying to extricate themselves from the burden of taxation caused by the war, and were deferring public improvements, the people of Michigan, by municipal action, were competing with each other in the creation of vast amounts of indebtedness. He showed how insidiously the idea of municipal aid had expanded. At the outset the rate was limited to five per cent and the liability was confined to a few localities. Within four years the restrictions had been swept away and there were towns which were in danger of accumulating forty per cent of such bonded indebtedness. Such a course could have but one ending-bankruptcy and repudiation. The aggregate length of the railroads already proposed, which relied for their completion upon aid from taxes, was not less than two thousand miles. The amount of capital necessary to construct, complete and efficiently equip this extent of railroad could not be less than sixty million dollars. It was claimed that if about one-third of the cost could be obtained by taxation the balance could be procured of capitalists by the issue of stocks and mortgages. It would then be necessary for the people of the State to create an indebtedness of twenty millions in the city, township and county bonds. Could such bonds be sold for cash either at home or abroad? It was not likely they could be sold outside the State. There was not surplus,capital enough in the State to take them; certainly not unless they could be bought at a very small percentage of their face value. Thus the actual aid to railroads would be very small indeed, compared with the amount of municipal indebtedness. As the bonds continued to be depreciated in value, additional taxes would be called for and urged to make up the deficit, and thereby prevent the total loss of what had been already appreciated, until repudiation would inevitably follow. The gloomy picture which the Governor thus drew of the results likely to end the course which the State was pursuing in this matter, was both timely and truthful. It was clear to level-headed and unprejudiced men, but such was the popular furor that many minds were dulled to its ap ï~~620 MESSAGES OF GOVERNORS OF MICHIGAN preciation. The bills lay on the table for a month while great excitement prevailed in the popular discussion of the subject. When the matter was finally brought to a vote, the veto of the Governor was sustained by the narrow margin of a single vote. After the war, an important event in Michigan's history was the movement for a revision of the constitution of 1850. In his inaugural message in 1865, Governor Crapo called the.attention of the Legislature to the constitutional provision for submission of this question to the people in the general election of 1866. The necessary steps were accordingly taken, and in due course delegates were elected to the convention. This convention was held at Lansing from May 15 to August 22, 1867. It proved harmonious and industrious. But at the election in 1868 the new constitution which was there drawn up was not adopted by the people. Mr. Crapo had married in 1825, at Dartmouth, Mass., Mary Ann Slocum, and they had ten children.-one son and nine daughters. The son, William W. Crapo, was for many years a member of Congress from New Bedford, Mass. Mr. Crapo in early life was a Whig, but was an active member of the Republican party from the time of its organization. He died at Flint, July 22, 1869. The Detroit Tribune closed an obituary notice with the following tribute to his worth: "In all the public positions he held, Governor Crapo showed himself a capable, discreet, vigilant, and industrious officer. He evinced wonderful vigor in mastering details, and always wrote and spoke intelligently on any subject to which he gave his attention. Michigan never before had a Governor who devoted as much personal attention and painstaking labor to her public duties as he did. His industry was literally amazing. He was not a man of brilliant or showy qualities, but he possessed sharp and remarkably welldeveloped business talents, a clear, practical understanding, sound judgment, and unfailing integrity. In all the walks of life, there was not a purer man in the State.... We have often thought, that, in his plainness, his honesty, his fidelity to duty, and in his broad and sterling good sense, Governor Crapo closely resembled the lamented Lincoln." ï~~MESSAGES ï~~ ï~~1865 January 4, 1865 From Joint Docwments of the State of Michigan, pp. 3-34 GENTLEMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES: Having been selected as representatives of the People, and having taken the oath of office, we are now assembled in action, for the purpose of inaugurating another biennial term in the political history of Michigan; of examining critically the condition of the State, and of considering what legislative action is required to promote and secure the best interests of those whom we represent. Relying upon our capacity and judgment-upon our integrity and honesty of purpose-our fellow citizens have delegated to us, to a certain extent at least, the exercise of their political rights; and have conferred upon us the requisite authority for the proper performance of the duties thus imposed. Before proceeding to the fulfillment of those duties, it becometh us to pay our vows of obedience to the Ruler of the Universe, and with grateful hearts to acknowledge his bountiful goodness. Since the representatives of the people were last assembled within these Halls, a beneficent Providence has watched over the interests of the State, and health has prevailed within her borders; and notwithstanding the shadows that may have clouded our National horizon, we have been graciously surrounded with peace and prosperity, and are now permitted to assemble under favorable auspices; and although our granaries may not have been filled to overflowing, yet the earth has yielded an abundant supply for all our necessary wants-industry has found an abundant reward, and all the channels of business have been more than ordinarily prosperous. Let us, then, with profound gratitude for the mercies of the past, look to that same guidance for wisdom in the future, in our endeavors to promote the continued welfare of our noble commonwealth. The Constitution of our State provides that the Executive, at the close of his official term "shall give to the next Legislature, information by message, of the condition of the State and recommend such measures to them as he shall deem expedient." This provision of the Constitution is sufficiently clear and explicit where both the retiring and incoming executive officer is the same person; but when such is not the case, as nothing is said in the Constitution in reference to the duty of the Executive in this particular, at the commnencement of his official term, it may be somewhat doubtful how far his duty requires of 'him ï~~624 MESSAGES OF GOVERNORS OF MICHIGAN specific recommendations, which may be but repetitions of, or perhaps in conflict with, those made by the retiring officer, and must necessarily be made in the absence of a full knowledge of all the facts. But if the Constitution does not, an unbroken custom does demand of him at least a brief inaugural address, and a failure to comply with the public expectation in this regard, if not unconstitutional, would at least be singular. The condition of our country, and the present and prospective high rates of taxation, require that appropriations and outlays of money should be made with great caution and prudence; not that prudence which is merely another name for parsimoniousness and meanness, but that prudence which is liberal without being profuse and extravagant. True economy avoids all extremes, and looks to the saving of money by a rational and judicious expenditure of money. The policy of the Legislature in the enactment of laws should be such as to secure the best interests of the whole State; and all mere local or special legislation, designed to promote the exclusive and separate interests of some particular section, but which would be to the detriment of the interest of the State at large-no matter how great the benefit may be to that seetion-should be avoided. And, on the other hand, legislation for the promotion of the interests of any particular locality should be freely and promptly made if the benefits to be derived therefrom should exceed the expenditure thereby incurred on the part of the whole State. FINANCE. The financial affairs of the State are in a prosperous condition; and the receipts and payments of the State Treasury during the fiscal year ending Nov. 30th, 1864, have been as follows, viz: The total receipts into the Treasury were $2,444,242.25, and were derived from the following sources, viz: Balance of cash in the Treasury, Dec. 1st, 1863............$354,121.08 Received on account of General Fund....................751,117.31 it it Internal Imp. Fund................11,650.13 "tit Primary School Fund.............176,706.64 it it Prim. School Int. Fund............60,806.53 it it University Fund...................32,934.02 "tit Univ. Int. Fund.................15,298.08 it it Normal School Fund..............5,464.85 "t it Nor. School Int. Fund.............2,560.96 it it State Building Fund..............2,373.60 "cis Asylum Fund.................... 6,897.62 _ "t Swamp Land Fund...............182,415.79 it" Swamp Land Int. Fund........... 8,780.17 ï~~HENRY H. CRAPO 525 " " Ste. Marie Canal Fund......... Â~ " W ar Fund...................... " " Suspense Act. Fund............. " Amt. refunded H. S. Clubb................... 15,144.00 816,366.36 1,580.36 24.75 Total receipts................................... $2,444,242.25 The payments from the Treasury amounted to $2,004,194.98, and were as follows, viz: Paid on account of it cc it it cc it it cc it cc it cc "C c: it it it it it " cc it it it cc cc it it it cc it it General Fund........................ Internal Improvement Fund......... Primary School Fund............... Primary School Int. Fund.......... University Fund.................... University Interest Fund............ Normal School Fund................ Normal School Int. Fund............ State Building Fund................ Asylum Fund........................ Swamp Land Fund................. Swamp Land Int. Fund............. Ste. Marie Canal Fund.............. M. S. R. R. Deposits................ Soldiers' Relief Fund................ War Loan Sinking Fund............. War Fund.......................... $478,114.56 1,250.00 160.86 137,154.86 120.00 42,590.31 40.00 11,410.50 5.75 72,011.00 171,470.44. 439.95 6,000.00 60.00 13,000.00 247,150.00 823,216.75 Total payments................................. $2,004,194.98 Leaving a balance in the Treasury, Nov. 30, 1864, of........440,047.27 $2,444,242.25 STATE DEBT,-(INTEREST BEARING.) Canal Bonds, 6 per cts., due Jan. 1, 1878.................$100,000.00 Renewal Loan Bonds, 6 per cts., due Jan. 1, 1878...........216,000.00 "2,000,000 Loan" Bonds, 7 per ct., due Jan. 1, 1868....... 250,000.00 " " '6 " " 1873.........500,000;00 cc" 6 " " 1878.........500,000.00 " it 6 " " 1883.........750,000.00 War Loan Bonds, 7 " " 1886........ 1,122,000.00 $3,438,000.00 ï~~526 MESSAGES OF GOVERNORS OF MICHIGAN Add non-interest bearing debt: Adjusted Bonds........................... $9,000.00 "5,000,000" Loan Bonds.................... 12,000.00 War Loan Bonds, called in.................. 1,150.00 $140,000 outstanding part-paid "5,000,000" Loan, unrecognized, adjustable for.........80,999.80 103,149.80 Total State debt................................ $3,541,149.80 THE TRUST FUND DEBT. Is made up of the following items, to-wit: Primary School Fund................................. $1,032,638.95 University Fund..................................... 247,146.89 Normal School Fund................................... 33,000.33 Rail Road Deposits.................................... 2,157.32 Total Trust Fund Debt.......................... $1,314,943.49 SINKING FUNDS. War Loan Sinking Fund, 1-16 mill tax...................$10,753.49 War Loan Sinking Fund, from surplus of taxes levied for interest............................................ 30,674.00 "$2,000,000 Loan" Sinking Fund, 1-8 mill tax.............21,506.98 Primary School Fund, from July 1st, 1863, to July, 1st, 1864................................................ 131,892.19 University Fund, from July 1st, 1863, to July 1st, 1864.... 24,455.59 Normal School Fund, from July 1st, 1863, to July 1st, 1864 2,510.93 Total........................................... $221,793.18 My predecessor has recommended in his valedictory, a continuance of the financial policy adopted by the Legislature of 1861, upon the recommendation then made by him in his Inaugural, and which has since been steadily pursued, viz:-That we raise by taxation, from year to year, the funds required to meet all the ordinary and incidental expenses of the State, leaving the Sinking Fund to clear off the State debt. This policy for the management of our financial affairs, I should hope might become a permanent one, as it recognizes the obligation of a prompt payment of all our debts; and its tendency will be to prevent The incurring of any indebtedness for schemes and enterprises of doubtful expediency. By "paying as we go," all the ordinary and incidental ï~~HENRY H. CRAPO '62-7 State expenses, and assuming the responsibility and burden of all expenditures made by us, we shall be much more likely to examine carefully the character of our appropriation than though they were to be met at the present time by creating an indebtedness to be paid in the future. A rigid adherence to this policy will preserve the credit and honor of our State, and her finances will never become deranged or embarrassed. By the ordinary and incidental expenses of the State, I do not mean to include any appropriations which it may be deemed advisable and necessary to make for the payment of war bounties, or any other purely war expenses. The question of State bounties to volunteers will, undoubtedly, engage your attention; but as it is more appropriately the duty of my predecessor than of myself, in connection with what has already been done, to make specific recommendations in regard to this subject, I shall defer an expression of my own views to a subsequent communication, should I hereafter deem such expression material and necessary. REVISION OF THE CONSTITUTION. The Legislature of 1861 adopted an amendment to Article XX of the Constitution, in the following section: "Sec. 2. At t1he general election, to be held in the year one thousand eight hundred and sixty-six, and in each sixteenth year thereafter, and also at such other times as the Legislature may by law provide, the question of the general revision of the Constitution shall be submitted to the electors qualified to vote for members of the Legislature; and in case a majority of the electors so qualified, voting at such election, shall decide in favor of a convention for such purpose, the Legislature, at the next session, shall provide, by law, for the election of such delegates to such convention. All the amendments shall take effect at the commencement of the year after their adoption." The same having been voted upon and ratified by the people at the general election in November, 1862, it would seem to be necessary that some legislative provision be made to govern the manner in which the question of the general revision shall be submitted to the electors, at the general election to be held in the year 1866. I submit the matter to your consideration. RESOURCES OF THE STATE. The State of Michigan, although having at the liresent time a population of little less than one million, and an amount of accumulated lersonal wealth that will compare favorably with mamny of the older States, is nevertheless in her infancy. The area of her territory is more Shan 56,000 square miles; being more than 10,000 square miles larger than either of the great States of New York or Pennsylvania, and more ï~~528 MESSAGES OF GOVERNORS OF MICHIGAN Ilhan 16,000 square miles larger than Ohio, and nearly as large as the whole of New England. When as thickly settled as Massachusetts now is, her population would reach nine millions. Surrounded on almost all sides by noble inland seas, her shores are washed by at least fourteen hundred miles of navigable waters. Her soil is varied, but rich and fertile; and notwithstanding the severity of our climate, produces in abundance every variety of fruit, grain and vegetable belonging to this latitude. Her agricultural resources are as yet undeveloped, and have never been appreciated, either at home or abroad. Her immense forests of the choicest timber are of great value, giving employment to large numbers of hardy and robust men, in converting it into lumber and conveying it to market, thereby creating a home demand for much of her surplus agricultural products. Her fisheries, another important item in the catalogue of her resources, are of too much value to le overlooked, having reached for the year ending June 1, 1860, as appears by the census returns, the sum of $250,467, being an amount from this source only exceeded by four States in the Union, viz: Massachusetts, Maine, Connecticut and Rhode Island. They, too, give employment to a large number of men, and thus also increase the home demand for our surplus products. A large portion of the territory of Michigan is underlaid by vast beds of mineral deposits; and in this description of wealth she is unsurpassed by any State in the Union. Her copper is of great purity, and its mines, of unknown extent, have already, although in their infancy, reached an annual yield of more than 10,000 tons, equal in value, at the point of shipment, to the sum of $7,000,000. Her iron mines are also of great extent, and the ore is of the richest and finest quality; and although they have very recently been opened-the first yield being only 1,447 tons in the year 1855-yet during the past year the shipments from Marquette have reached the aggregate of 248,000 gross tons, besides 25,000 tons supplied to the furnaces of Marquette, of the aggregate value of more than $2,000,000. The immense increase exhibited here, in a commerce but just born, as it were, renders it futile to attempt an estimate of its future importance. The prospective worth of these mines is, in truth, almost incalculable. Michigan has also extensive fields of coal, containing a quantity sufficient to feed the furnaces of the world. Much of it is of good quality, and all of it is valuable for manufacturing and other purposes. In the absence of manufactures, and from the abundance of fuel incident to a new woodland country, little attention has heretofore been given to this subject, yet the time is not far distant when the coal fields of Michigan will be a source of much wealth. There are also extensive beds of gypsum, of unsurpassed richness, and of great value, not only to the farmer, as a fertilizer, but to the State as an article of commerce. ï~~HENRY H. CRAPO 529 Numerous springs of saline waters abound in the Saginaw Valley, as well as in other sections of the State which, it is believed, will yield an inexhaustible supply of the strongest brine. To aid in giving a more general idea of the great importance and value of this interest, I will state briefly a few facts in connection with the manufacture of salt in that valley for the year 1864: Amount of salt produced, barrels.......................488,189 " wood consumed, cords.......................122,047 Aggregate value of wood............................... $335,178.00 Equal to acres of land cleared........................... 3,051 Average number of men employed........................ 747 Aggregate value of barrels used........................ $219,685.00 Total amount capital invested.......................... $2,100,000.00 Average value of salt, at shipping point, per barrel........ $2.25 Aggregate value of salt, at shipping point............... $1,098,425.00 I have no doubt the interest of this great staple would be materially benefitted by the passage of a proper law for its inspection; and, as those engaged in this business will undoubtedly ask for some law on the subject, I would recommend such legislation as will most effectually promote the interests of the manufacturers, and at the same time protect the public from imposition by the sale of an impure article. It is also believed by many that rich and productive springs of oil will yet be discovered within the limits of the State, indications of which are found in many places; and to aid in a more speedy settlement of this question, I would suggest, for your consideration, the passage of a law authorizing the payment of a reasonable bounty on oil, subject, however, to such restrictions, as to duration and amount, as would prevent the same from becoming burdensome, in the event of a success in the discovery, similar to that of salt in the Saginaw Valley. These are some of the great natural resources of Michigan, and which, when properly developed, are destined to make her one of the most prosperous and populous, as well as one of the richest States in this Union. Even now she is advancing rapidly in wealth and importance, and must very soon, if wisely governed, occupy a proud position among her sister States. Her geographical position and natural advantages cannot fail to secure for her a prosperous future. I commend these great interests to your fostering care and to your favorable consideration, and ask that such special and local, as well as general laws, may be enacted as will tend to secure their speedy and permanent development. To attain this important object two things are essentially necessary-the acquisition of labor, and the introduction of capital; and to these ends should legislation be directed. ï~~" 530' MESSAGES OF GOVERNORS OF MICHIGAN IMMIGRATION. A very small portion of the State has yet been reclaimed and settled, and I apprehend it is safe to calculate that nearly five-sixths of her entire territory remains today a wilderness. We want settlers. These vast tracts of woodland, however rich and fertile they may be, are of no use to us until cleared and, improved; and. nothing but labor can do it. Our rich mines of copper, iron, coal and gypsum; our springs of salt, and, as we trust, of oil; our fisheries; and our forests of valuable timber, are all of little consequence unless developed and made productive by the hand of labor. I say, then, again, most emphatically, we want men-we want settlers; and the true interest of the whole State requires that immigration should be encouraged and fostered by needful legislation. A knowledge of our agricultural resources, of our mineral wealth, of the healthiness of our climate, and of the productiveness of our soil, should be communicated to the hardy emigrants from the over-populated countries of Europe, who are seeking homes, by tens of thousands, on the western continent. They are inured to toil by habits of industry and labor,-the true elements of real wealth. Regarding labor as honorable, they cherish a just pride in working out with their own hands a competence, and securing for themselves and their families comfortable homes. They also bring with them more or less wealth. I invite your attention to the importance of this subject, and will express the hope that such legislation may be had as will materially aid in inducing immigration to our soil. This is the more necessary from the fact that Michigan has often been misrepresented, to her great disadvantage, either through ignorance or prejudice, by those interested in securing the greatest possible share of the immigration to States lying still farther west, and beyond us. MANUFACTURES. Michigan in the future is destined to become an important manufacturing district; and there is, perhaps, no State in the Union which to-day holds out so many advantages for the establishment of many kinds of manufactures. We here possess not only the raw material for many of the leading and staple manufactured products of our country, but also in abundance the necessary supplies for the sustenance of those employed in such works. We also possess, to a very great extent, not only a home market for these products, but can reach a vast "Western market" at less expense by far than can those portions of our country now supplying such market. By encouraging the establishment of manufactures, and the introduction of the necessary capital and labor for such object, we shall not only supply ourselves with needful articles at less cost than must otherwise be 'incurred, but at the same time very greatly increase ï~~HENRY H. CRAPO 531 the home consumption of the farmers' surplus products-thereby increasing to us the prices received for what we may have to sell, and decreasing the prices paid for what we may be required to buy. The idea of depending upon New England and the East, under such circumstances, for our manufactured goods, is simply against the laws of trade and in direct violation of all the principles of political economy. Our policy should certainly be to legislate so as not to repel capital, and skill, and. labor, from the State, but to invite and encourage their introduction. I recommend, therefore, to your favorable consideration, all measures having a tendency to encourage the investment of capital and labor in any and all branches of manufactures. GEOLOGY. Although science has partially revealed to us the rich stores of mineral wealth which abound in our State and lie beneath its soil, and skill and labor have conclusively demonstrated the fact, yet we know very little of their vast extent. The geological surveys, which have heretofore been attempted, although attended with considerable success, have nevertheless, been partial and incomplete in their results. A full and complete geological survey of the State has never yet been effected. And when it is remembered that for every dollar heretofore expended in this work, we have received hundreds and even thousands in return. I submit to your judgment and discretion the propriety of making such appropriations for the speedy prosecution of the work, to its final completion, as its present condition and the importance of the subject demand. In my opinion the required outlay would be fully justified, even in times like these, in view of the value of the information which would be thus acquired. SAULT STE. MARY'S FALLS SHIP CANAL. This is a great National work; and although Michigan can derive no direct revenue from it, yet it is of incalculable value to the State by rendering material aid to her commerce, and opening immense avenues of trade to her people. The Superintendent of the Canal, in his annual report, states that the value of the exports and imports of Lake Superior for the past year does not fall much short of $25,000,000. The amount received by tolls during 1855, the first year the canal was in operation, was $4,374.66. The amount received during the year 1864 is $34,287.31. This shows the rapid increase of business in the Lake Superior region for the last ten years-the result almost wholly of the existence of this canal. It was originally constructed by means of a grant of lands from the General Government, and after its completion was committed to the care and supervision of the State, with the authority on her part to charge such rates of toll on vessels passing through the same as would ï~~532 MESSAGES OF GOVERNORS OF MICHIGAN meet the expensed of all necessary and extraordinary repairs, and of operating and having the care and charge of the same. Extensive repairs being then required for the preservation and efficient operation of the canal, the Legislature, by an act approved February 14, 1859, authorized the raising of a sum of money, not exceeding $100,000, by loan, to be applied solely in making, from time to time, "such repairs upon the locks, gates and walls thereof" as might be deemed necessary for such object; and for the redemption of which, as the same should fall due, all the tolls and other income from said canal were pledged, after the payment of the cost of its care and management. In accordance with the provisions of said act the bonds of the State were issued in June, 1859, to the amount of $100,000, and the proceeds placed to the credit of the canal fund, to be applied and used for the purposes aforesaid. The total expenditures upon the canal, in pursuance of the act authorizing said loan, as determined by the Board of Control, was $96,083.33. The amount of net earnings at the present time, after the payment of all repairs and other expenses, and which goes to constitute a fund for the payment of said bonds at maturity, is $50,064.07. The present rate of toll is six cents per ton on the enrolled measurement of vessels passing through the canal. I have reason to believe that application will be made to the Board of Control by parties interested in the Lake Superior commerce, urging a reduction of this rate for the coming year. The Superintendent is of the opinion that four cents per ton will be sufficient hereafter to keep the canal in good repair, pay running expenses, make such improvements as may be necessary, and leave a sufficient sum of net earnings to pay the indebtedness assumed by the State, in 1878, the period when the canal bonds fall due. Much, perhaps, can be said in favor of this change. On the other hand, it may be a question whether the interest to be, affected by a reduction of tolls would not be more effectually benefited by maintaining the present rates, and thereby acquiring-at the earliest practicable moment-the means necessary to make such improvements and such an enlargement of the work as will meet the rapidly increasing wants of the trade dependent upon the ready passage of vessels to and from Lake Superior. But as this whole subject is in the hands of the Canal Board of Control, I apprehend no legislation will at present be required thereon. SWAMP LANDS AND STATE ROADS. The policy of using swamp lands for State Roads was inaugurated by an act of the Legislature, approved February 12th, 1859; and by subsequent acts and repeated appropriations this may now be regarded as the settled policy of the State. The purpose for which these lands-amounting to nearly six million acres-were ceded to the State, as expressed in ï~~HENRY H. CRAPO 533 the act of Congress, approved Sept. 28, 1850, was to enable her "to construct the necessary levees and drains to reclaim the same;" and the act of cession expressly provides that "the proceeds of said lands, whether for sale or direct appropriation in kind, shall be applied exclusively, as far as necessary, to the purpose of reclaiming said lands by means of the levees and drains aforesaid." By an act of the Legislature, approved June 28th, 1851, the State accepted this grant according to the conditions contained therein; and she expressly declares in this act of acceptance, "that all the money received from the sale of said lands shall be and remain a fund for the purpose of reclaiming said lands, in conformity to the provisions of the grant." Without questioning the right of the State so to construe the provisions of these acts as to apply the swamp lands to the purposes of constructing roads, or the wisdom or utility of so applying them, I am clearly of the opinion that the practice which has latterly prevailed, to a very great extent, of making indiscriminate and wholesale appropriations of these lands for this object, is,, to say the least, of very doubtful expediency. While the opening of many of these roads, and especially those which constitute "main routes," and will, as such, connect important points, are of great value, not only to the particular sections where located, but to the State at large, by having opened up the country and thereby invited settlements, others have been and will continue to be for years to come, without the least practical utility; and the appropriations made for their construction, if not wholly lost, may be regarded as of very little real worth. This is certainly an important subject, and should receive careful consideration. Of the six million acres of land thus ceded to us, while large portions of it may be regarded as worthless, some of it was, nevertheless, very valuable. Nearly or quite all of this latter class has been sold at the minimum price, or taken upoh contracts for roads which have already been built, or has been selected to meet the payment of such as have not yet been built. Among the evils which have resulted from a too liberal appropriation of these lands is this: the large quantities of scrip thereby thrown upon the market, and in the hands of parties unable to hold it, have reduced their value to little more than fifty cents on the dollar of their minimum price. This involves the necessity of making very large appropriations for the construction of the roads, otherwise they cannot, be let, and of course must remain unopened. Another evil is, that in the scramble for appropriations of these lands, combinations are formed more with a view, it is feared, of securing private interests than of promoting the public good. Without, therefore, recommending any change in the policy, which now seems to be a settled one, of appropriating these lands. for the building of roads, I would most respectfully suggest that a careful' and thorough ï~~634 MESSAGES OF GOVERNORS OF MICHIGAN examination on your part be devoted to an investigation of the claims of any and every road hereafter asked for, and that none be located excepting such only as are manifestly for the public interest; and I the more readily recommend this course, from the fact that many of the roads already located have never been let, while many others have been but partially constructed, and that, too, in such a manner as to render of little value the work already expended upon them. Statistics of the precise condition, at the present time, of all the swamp land roads, would be valuable, and should be obtained in such form as to show at a single glance: The date of their respective locations-their termini and general route-whether completed or otherwise-if not completed, whether let or otherwise,--if let, to whom and on what terms-what amount of work has been expended upon each-how much has been paid upon each -and whether the original contracts have been abandoned or are still in force. The cash sales of swamp lands, for the past year, amount only to the sum of $33,804.49. The very small amount thus disposed of, is owing to the fact that large quantities of these lands are offered for sale at very low rates by road contractors, or other persons holding scrip, issued in payment for the building of roads. These lands, although now nearly worthless, will, as soon as the State becomes settled and improved, be of much value, for which reason they certainly should not be squandered at the present time, nor indeed be disposed of in any manner without the State receiving a fair equivalent. STATE REFORM SCHOOL. The State Reform School now numbers two hundred and fourteen inmates, being twenty-seven more than at the close of the preceding year -one hundred and fourteen having been received, and eighty-seven having left during the year. The number of those who have been discharged is unusually large; but this is owing to the fact that about twothirds of the whole number were permitted to enlist in the army by the consent of their friends. It should be borne in mind that the increase of inmates in the Institution will be far greater per annum whenever no discharges are allowed, except on reformation, which is in accordance with the strict letter of the law; and this fact should be taken into account in making the necessary estimates for the future. An appropriation was made of $15,000 per annum to meet the current expenses of the School for the year 1863 and 1864. This sum, in consequence of the great advance in prices during the past two years, has proved insufficient to meet these expenses, and the Board of Control has been under the necessity of borrowing the sum of $8,000, to procure the necessary supplies of food and clothing to the present time. They also state that the ï~~HENRY H. CRAPO 535 further sum of $6,000 will be required to sustain the Institution until an appropriation from the Legislature will become available. The Board of Control, therefore, ask that an appropriation of $14,000 be made to meet the deficiencies of 1863 and 1864, and also the further sum of $44,000, to meet the current expenses of the School for the years 1865 and 1866. The object of this Institution is a noble one, being the reformation and education of juvenile offenders, and although burdensome to the treasury, commends itself to our sympathies, and claims our support. The School is represented as being in a flourishing and prosperous condition, and as fully accomplishing the benevolent purposes for which it Was instituted. I therefore, respectfully recommend that such appropriations be made, as may, upon a careful examination, be deemed necessary to meet all its legitimate wants for the years 1865 and 1866. STATE AGRICULTURAL COLLEGE. The Agricultural College was originally established by Act of the Legislature, approved February 12th, 1855, in accordance with the provisions of the Constitution, which declares that "the Legislature shall encourage the promotion of intellectual, scientific and agricultural improvement; and shall, as soon as practicable, provide for the establishment of an Agricultural School." By the provisions of said Act, 676 acres of land were subsequently purchased for the purpose of an experimental farm and site for such Agricultural School-buildings were erected thereon-and on the 13th day of May, 1857, the School was formally opened. Here we find Michigan taking' the lead in. the progressive spirit of the age. By this action she became the first State in the Union to found and establish an institution of learning in connection with agricultural labor and experiment. By an Act of Congress, approved July 2d, 1862, an appropriation of 240,000 acres of the public lands was made to the State for the "endowment, support and maintenance of at least one College where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts in such manner as the =Legislature of the State may prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life." Said act of Congress also provided that no portion of the fund arising from the sale of said lands, nor interest thereon, "shall be applied directly or indirectly, under any pretense whatever, to the purchase, erection, preservation or repair of any building or buildings." By an act of the Legislature, approved February 25th, 1863, this grant was accepted by the State ï~~536 MESSAGES OF GOVERNORS OF MICHIGAN in accordance with all the conditions and provisions in the aforesaid Act of Congress. This endowment, if these lands are carefully and judiciously selected, will very soon be sufficient to give the Institution a fair if not a liberal support. In the meantime it is imperative upon the Legislature, by the express provisions of the Constitution, to make reasonable appropriations for its support. I am aware that in consequence of the very unfavorable circumstances surrounding this Institution during the first few years of its existence, and which to a very great extent controlled its operations, many of the people of the State, who should have been deeply interested in its prosperity and success, imbibed strong prejudices against it, and were even disposed to abandon it altogether. I trust, however, that such persons will suspend judgment-if they have not already done so-until an opportunity shall have been had for the Institution to do justice to itself and to its friends, which I am very certain it will, if reasonable time be given for that purpose. It has now, I believe, outlived much of the prejudice heretofore existing against it, and will very soon, with proper encouragement and support, begin to develop some of the many benefits and blessings that are yet destined to flowfrom it. Of all classes of our citizens, the farmer is the most deeply interested in its success. It is, in fact, the farmer's institution, and he should, as I hope he very soon will, regard it with pride. If to some it may have seemed that its demands upon the treasury have thus far been somewhat large, yet it should be remembered that we are laying the foundation of a noble institution-one destined to reflect great credit not only upon the farmer and the mechanic, but also upon the whole State; and that the amount which has been expended, although large in itself, is yet small in comparison with the magnitude of the interests which it secures. Agriculture is no longer what it was once regarded by the majority of other professions of men, and partially admitted by the farmer himself to be-a low, menial employment, a mere drudgery, delving in the soil, a simple round of labors, in which no thought, or mind, or study, was necessary, but is becoming recognized as a noble science. Formerly, any man who had merely sufficient sense to do just as his father did before him, and to follow his example, and imitate his practice, was regarded as fully competent to become a farmer; and the idea of applying science-of agricultural chemistry-to the business, was sneered at by many of the farmers themselves, denounced as "book farming," and resisted as an unwarrantable encroachment upon their own peculiar prerogatives. But at the present time the cultivation of the soil has justly come to be regarded as one of the most noble and dignified callings in which an educated and scientific man can be engaged. The appropriations made by the last Legislature for the support of ï~~HENRY H. CRAPO 537 the Institution for 1863 and 1864, were $18,000. This sum has proved sufficient to meet its expenses. The Board in their annual report-to which I respectfully invite your attention-ask an appropriation of $30,000, which they believe will be necessary to carry on the Institution for the years 1865 and 1866. I trust your appropriation for this object will be sufficient to meet all its reasonable wants. ASYLUM FOR THE DEAF, DUMB AND BLIND. This Institution claims our favorable consideration and liberal support; and the Constitution itself declares that it "shall always be fostered and sustained." Its present condition and wants are fully and clearly set forth in the Biennial Report to the Board of Trustees, to which I beg to call your attention. The appropriations which were made by the last Legislature to meet the necessary and ordinary expenses of the Institution for 1863 and 1864, as also that which was made for completing the centre building, and one of the wings and its connections, proved inadequate for those objects. This has been owing to the greatly increased cost of everything since the estimates were made, upon which the appropriations were based, and also to the fact that such appropriations were much less than the estimates made by the Board. The Trustees ask that sufficient appropriations be made to support and successfully carry on the Institution for 1865 and 1866, without having an indebtedness to be provided for by subsequent legislation; and to effect this object, they ask that $16,000 be appropriated for 1865, and $15,000 for 1866; and also the additional sum of $10,000 to pay the present indebtedness on account of deficits, both for support of the Institution, and for building purposes. They also ask for such further appropriation as may be sufficient to complete the west wing, and to finish some portion of the main edifice. So 1png as this and similar institutions are to be sustained by the State, wisdom and sound policy require that ample and adequate provision should be made for their support; and when such is not provided, the Board are compelled either to dismiss and send home the pupils, or borrow money, or otherwise create debts for the purpose of accomplishing the very objects which the Legislature intended should be done. From such practice, I can see neither advantage, benefit, nor saving; but, on the other hand, serious inconvenience and loss. It would certainly be wiser and much better to have a small balance on hand at the close of the year, than a deficit to be provided for. A delay in supplying means for present expenditures does not, by any means, cancel the indebtedness arising from such expenditures. I would, therefore, hope that a sum might be appropriated sufficient to cancel the present indebtedness, and also to meet the ordinary and necessary expenditures of the Institution ï~~538 MESSAGES OF GOVERNORS OF MICHIGAN for the next two years. In regard to the appropriation asked for by the Board, still further to complete the building, I have no doubt that such appropriation is very necessary and desirable, and that the efficiency of the Institution seriously demands it. But in view of the numerous and excessive requisitions upon the treasury at the present time, it is a subject for the exercise of your discretion, how far and to what extent the work shall be prosecuted during the next two years. I have no hesitation, however, in expressing my opinion, that the policy heretofore pursued by the State in the erection of Asylums for this and other humane and benevolent objects, is both unwise and injudicious. Their erection by piece-meal must necessarily very nearly double their cost, besides which, their deterioration is very greatly enhanced, so long as the buildings are left in an unfinished state. As these structures were designed to meet the wants of the future, and so far to benefit those who come after us, it was neither prudent nor just to require the present tax payers to sustain the whole burden of their cost, in addition to that of their annual support. In my judgment, the money necessary for their erection should have been borrowed upon the bonds of the State, and the payment of the interest, with a small per centage of the principal, should only have been met by an annual tax upon the people. But a different course having been adopted it only remains for us to do what may seem for the best interests of the State, under existing circumstances. I have little doubt, however, that the economist, acting solely with a view to his interest, would complete the buildings at the earliest practicable moment. The board also ask that the law in relation to the clothing and other expenses of the pupils, chargeable back to the counties from which they came, may be so amended that a sum not exceeding forty dollars, instead of twenty dollars, as at present provided, may be used, if found necessary, for that purpose. To this I can see no objection, and would therefore recommend that such alteration be made. INSANE ASYLUM. This Institution also claims your fostering care; and the Constitution has not left it to voluntary legislation, but has made it imperative upon you to grant it ample support. An appropriation was made by the last Legislature, of $2,200, for the payment of arrears existing at the close of the year 1862, and also an appropriation of $29,000 for 1864, and of $29,000 for 1865, for the purpose of completing the erection of the north wing, and finishing the same. What the precise condition of its finances may be, I am unable to say, not having seen the biennial report of the Board of Trustees, nor do I know what sum will be sufficient to meet its future wants. I trust, however, your appropriations in behalf of this Institution will ï~~HENRY H. CRAPO 539 be such as to meet the claims which its unfortunate inmates have upon us, and such, also, as was contemplated by the Constitution. STATE PRISON. The condition of the State Prison is shown by the report of the officers of that Institution, and to which I respectfully refer you. The number of convicts on the 30th day of November, 1864, was 292, showing a decrease in two years of 118. This continued reduction in the number of inmates in that Institution is undoubtedly owing to the fact that the repletion of our armies has had a tendency to draw into the ranks many of those restless and lawless spirits who not unfrequently are led to the commission of crime in mere wantonness. This diminution, however, I fear, can only be regarded as temporary, and that as soon as the causes which have produced it cease to operate, we may again look for a rapid increase. I find by reference to the records of the past that the increase from Dec. 1, 1849, when the number was only 110, reached the enormous number of 621 on the 1st day of December, 1860, being a ratio of increase infinitely greater than that of the population of the State for the same period. In regard to the real condition and wants of the Prison, financially and otherwise, I beg to refer you to the Reports of its officers, believing that your action thereon will be such as to meet all its just and reasonable demands. I may be permitted, however, to say that every subject connected with our criminal jurisprudence is worthy of your most careful and patient deliberation. The safety of society requires the punishment of crime; and this punishment has in view both the reformation of the criminal and the influence his fate may have in deterring others from the commission of like offenses. Although it may not be strictly in place here, yet I beg your indulgence while referring briefly to the exercise of the pardoning power in the Executive. It has been said that "Justice tempered with Mercy is an attribute of the Deity, and the executive who refuses to entertain an application for pardon because he is liable to be imposed upon, shuts his heart to all the better feelings of our nature." This may be true in an abstract sense, but when considered in connection with all that is involved in the principle which recognizes a necessity for the infliction of punishment for the commission of crime, it should be received with some caution. The first object which society has in punishing a criminal is the prevention of crime; and there is no doubt that certainty of punishment is a more powerful corrective than severity. But it is manifest that certainty of punishment is incompatible with a too liberal exercise of the pardoning power on the part of the Executive. Such power is given him, I apprehend, not that he may at his pleasure, and upon perhaps ex parte investigation, reverse and overrule the proceedings of courts and ï~~540 MESSAGES OF GOVERNORS OF MICHIGAN the verdicts of juries, had upon a full and fair hearing of all the testimony and circumstances, but that he may in extraordinary cases exercise it as a remedial measure, warranted only by an unusual state of facts, and to be always used with the greatest circumspection. If in the future history of this State, we should insensibly drift away into a too frequent exercise of such clemency, it is not difficult to imagine that men tempted to crime would calculate upon it as one of their avenues of escape from penalty. Nor is it impossible that the rigid enforcement of the rules and practice of judicial investigation might become relaxed, upon the plea that mistakes could easily be remedied by executive interference; to say nothing of the bad effect of such interference-if it becomes too frequent-upon prisoners and the discipline of prisons. The only way to deter the lawless and vicious from the commission of crime is to let them understand that punishment is certain, and that no fictitious plea of reformation and regret in view of such punishment, after their conviction for the commission of such crime, can release them from the consequences entailed by their guilt; and that an escape from such consequences, by the exercise of the pardoning power in the Executive, can only be reached in extreme cases. I am led to these remarks from an examination of the records, and in view of the great number who have been the subjects of Executive clemency in the past, and also from the fact that I have already been importuned to reverse decisions of the juries and judges of our courts of justice by pardoning convicts who have been confined in prison but a few months, and that, too, without an attempt or purpose on the part of the applicants to show any just and reasonable cause for such clemency, beyond the simple fact of an earnest desire to secure the benefits of a pardon. EDUCATION. Not less sublime in its moral aspects than the peaceful and quiet solution of the excitement preceding the fall elections, is the fact that in the midst of the gigantic civil war in which the nation is engaged, the cause of education is as well cared for, and our system of public schools continues as successful and progressive as in the most tranquil days of halcyon peace. The people of Michigan have always, and justly, prided themselves upon their system of popular education. Founded in the beginning upon a broad and firm basis, and liberally endowed, the system has been growing in strength, beauty and usefulness, until we witness its effects to-day in the public sentiment, which places Michigan in the forefront of the most reliable and deioted of the loyal States arrayed in defence of Republican liberty; while the gallantry and heroism of Michigan soldiers, in support of the old flag, are emblazoned in characters of living light, upon the records of nearly every battle field where a ï~~HENRY H. CRAPO 541 heavy blow has been struck against treason and rebellion. The free schools are the nurseries of patriotism; and to-day we are reaping the fruits of the wise foresight which planted them in our midst, and of the statesmanship which recognized their worth and steadily cherised their development, through all their various grades, from the humble district school which accompanies the pioneer into his first clearings in the wilderness, up to the noble University at Ann Arbor, which has already acquired a national reputation. As the law makes it the duty of the Superintendent of Public Instruction to prepare a report annually, for the information of the Legislature, containing: 1. A statement of the condition of the University, of all incorporate literary institutions, and of the primary schools; 2. Estimates and amounts of expenditures of the school moneys; 3. Plans for the improvement and management of all educational funds, for the better organization of the educational system, if, in his opinion, the same be required; 4. The condition of the Normal School; 5. The annual report, &c., as far as he shall deem the same of sufficient public interest, of the Board of Control of the State Reform School; and, 6. All such other matter relating to his office, and the subject of education generally, as he shall deem expedient to communicate. And as I have not yet seen his report for the year 1864,. I am unable to speak in detail of the present educational statistics of the State, or of his recommendations (if any) of amendments in the school laws. While the system has thus far worked out the very satisfactory results I have alluded to, the lapse of time and lessons of experience reveal minor defects and suggest improvements, which it will be the province of your wisdom to consider and act upon as your judgment shall determine. I respectfully refer you for further information to the Superintendent's report, satisfied that you need no prompting from me to secure your fostering and thoughtful attention to the corner stone of all our greatness-the education of the youth, who, in the next generation, are to be the legislators, the judges, the executive officers, the ministers, the teachers, and the citizen soldiers of their day and age. THE DEFENSE OF OUR FRONTIER. Michigan is peculiarly situated in regard to the exposed and defenseless condition of her frontier. Bordering as she does for a vast extent upon the territory of a nation with whom the Federal Government is liable at any time to be brought into collision, and from which she is separated only by inland, navigable seas, and by narrow rivers, with ï~~542 MESSAGES OF GOVERNORS OF MICHIGAN many of her larger towns and villages, as well as a great extent of her territory, exposed not only to the attacks and inroads of regular armed forces, but to those of lawless marauders, the subject of a provision by Congress for her defense becomes a matter of serious consideration, and to which I would call your early and earnest attention. Having cheerfully and promptly responded to every call made upon us, and having without stint sent our best, noblest, and most gallant and heroic men into the field to fight for the defense of the nation, for the perpetuity of the Government, and for the preservation of the Union, we feel that our claims to protection should not be overlooked by the General Government. Fortifications should be constructed at certain important and exposed points and properly garrisoned; and depots of military stores should be established. And as Michigan possesses inexhaustible beds of iron ore of a superior quality for gun metal, a great national foundry, for the manufacture of heavy ordance, as well as the more ordinary gun foundries, might, with great propriety, be established at some proper point within the State. I earnestly commend this whole subject to your careful and candid investigation, for such action as your wisdom may suggest, firmly convinced that prudence and our safety alike demand that decisive measures should be speedily taken by Congress for the adequate defense of our extended and exposed frontier; which would undoubtedly be one of the most obvious precautions against foreign war. RECRUITING AND ENLISTMENT. In view of the probable demand for more men before the rebellion shall be overthrown and the war shall have been brought to a close, I would most respectfully submit for your consideration the propriety of adopting at once and continuing a thorough, vigilant and persistent system of recruiting, to fill and keep full all calls for troops-and in advance of such calls-until it shall be evident no more will be required. This will be attended with some cost, but in the end will prove the best economy, while the effects upon the enemy cannot fail to be salutary, and at the same time will retain our State in the front rank for steadfast patriotism and unswerving loyalty. MILITARY DEPARTMENT. I would most respectfully call your attention to the present provisions for the organization of the military forces of the State, and would venture to suggest the propriety of some alteration in the existing laws on that subject. The present law provides for the raising of volunteer, uniformed companies, known as State troops, who are first to be ordered into service in ï~~HENRY H. CRAPO 643 case of war, rebellion, invasion, the prevention of invasion, the suppression of riots, and to aid civil officers in the execution of the laws. It also provides for the enrolling, by the assessors, of all able bodied men between the ages of eighteen and forty-five years, which enrollment is to be returned. to the office of the Adjutant General by the county clerks. Although in the case of the volunteer uniformed troops, the law provides that they should be supplied, at the expense of the State, with arms, equipments, &c., yet they are required to provide themselves, at their own cost, with the prescribed uniforms. This is an expense which they consider should be assumed by the State, and it operates as a serious drawback in the organization of companies for State troops. If reliance is to be had, in cases of emergency, upon this class of troops, some provision, I think, should be made for furnishing them with uniforms at the expense of the State; and perhaps it might be advisable to add other encouragements for the formation of such companies. The present enactment is little more than a dead letter in this respect. The law in regard to the enrolled militia of the State, requires no organization whatever; and without some efficient organization, the simple fact of a loose system of enrollment is of very little consequence. Could the enrolled militia of the State be organized into companies, regiments, brigades and divisions, and properly officered, armed and equipped, and required to meet for inspection, parade or drill, at stated times, either as companies, regiments. or otherwise, they could thus be disciplined, and made efficient and available in any emergency. I commend this whole subject to your serious attention, trusting that it will receive at your hands that consideration which its importance demands; and that such alterations may be made in the present law as the best interests of the State require. We occupy certainly an exposed position. Nearly seven hundred miles of our coast border upon the territory of one of the most powerful nations on the globe; and it must be remembered that the most effectual way of commanding respect, of preserving peace, of maintaining our rights, and of enforcing order, is to prepare for war in time of profound peace. REPORT OF THE ADJUTANT GENERAL. Since the commencement of the war, as appears by the report of the Adjutant General, Michigan has furnished to the armies of the general government, to November 1st, 1864, 80,794 men. Of these, there have been killed on the field of battle, in skirmishes or on picket duty, or have died of their wounds or of disease, to November 1st, 1864, 16,367. This is indeed a fearful sacrifice to be made, even in the cause of liberty, justice, and humanity; and fearful is the penalty, and terrible is the suffering which the authors and leaders of treason and rebellion deserve and must endure, as a just consequence of this enormous crime. ï~~544 MESSAGES OF GOVERNORS OF MICHIGAN These brave men-the Michigan troops-are worthy of all praise. I commend them to your warmest sympathies-to your highest regardsto your active support. They have done heroic deeds on every battle-field; they have won a name for undaunted courage in every conflict with a deadly and peristent foe; they have endured hardships and privations without a murmur, and their loyalty and patriotism have never been tarnished. Those who have fallen upon the battle field or on the march, or have died in hospitals-who now sleep in death, martyrs to the cause of human freedom-our gratitude, our sympathies can never reach. But of those who suffer through loss of them, and of those brave veterans who yet survive, we should ever be mindful. A nation's gratitude should ever be theirs; and justice, at least, should be their reward. Gentlemen of the Senate and House of Representatives. Although the rebellion-involving a civil war of unparalleled magnitude -which was inaugurated at the close of the administration of James Buchanan by conspirators and traitors, for the overthrow of our government, still aims its blows at the dismemberment of the Union; causing the devastation of portions of our fair land, depleting the national treasury, and destroying many of our best, most loyal and patriotic menthe efforts for its suppression continue to be prosecuted with undiminished vigor and with unfaltering purpose; and the events of the past year have served but to increase our confidence in the permanency past year have served but to increase our confidence in the permanency and power of our republican institutions. The nation, it is true, has been sorely tried, yet it has exhibited strength and resources far beyond the most sanguine hopes of its friends-while its enemies, both at home and abroad, have been compelled to confess their disappointment. HQw long this unhappy strife shall continue it is needless to conjecture. The people of the loyal States at the recent election have declared most emphatically that the war shall continue, regardless of the cost, so long as armed rebellion defies the supremacy of the government and traitors seek to destroy the Union. While we have an earnest desire for peace, and shall joyfully greet its return yet it can be obtained only upon the submission of rebels to the lawful authority of the government. This is the verdict of the people, as indicated in the election, and which has been received by the minority without bitterness or repining, while the majority have displayed less than is customary of that personal and party exultation, which has marked the result of many of our Presidential contests. Notwithstanding the mementous principles involved, the earnestness with which those principles were discussed, and the unprecendentedly large vote which was cast, there was no strife or unusual excitement. By this peaceful election, in the midst of a great civil war, republican ï~~HENRY H. CRAPO 545 institutions have achieved an important and glorious victory. This event cannot but have a most salutary and beneficial effect, as indicating to other nations the character of our citizens, and the strength of our government. I do not propose to discuss, in this place, the issues involved in the election, but simply to declare that the result plainly establishes the determination of the American people that slavery shall cease to exist,. and that the authority of the government shall not be made subservient to the doctrine of State sovereignty and the right of secession. Let us hope that these questions are now working out a final solution, and that the Federal Union, freed from the curse of slavery, which has been the cause of discontent and treason, shall take its place as a mighty nation, powerful enough to overcome its enemies, both at home and abroad. In the accomplishment of this great work, Michigan will not be wanting, and in furnishing the necessary means for that end, whether of men or money, she will in the future, as in the past, promptly and cheerfully meet every just demand made upon her. Her people are, as they ever have been, truly loyal; and we have the proud satisfaction of believing that no more gallant, noble, heroic or self-sacrificing bodies of men have gone into the Federal armies than those which have been organized in, and sent from the State of Michigan. On previous occasions, the Legislature of Michigan has not been backward in expressing by joint resolutions the abiding loyalty and patriotism of her people; and I submit to your consideration whether the present would not be an appropriate time for a renewal, in that form, of the declaration of their firm determination and unaltered purpose to stand by the Government in its efforts to maintain the integrity of the Union and the supremacy of the Constitution and laws of the United States. I also suggest-as a further embodiment of the late expression of the popular will in our State-the propriety of your officially requesting our Senators and Representatives in Congress, to use their influence in favor of the adoption of the necessary measures for so amending the Constitution as forever to prohibit the existence of slavery within the limits of the national jurisdiction. FELLOW CITIZENS.-The Constitution of the State has clearly defined the appropriate duties of the Executive and the Legislature. It is not necessary for me to repeat them. Let us apply ourselves honestly and faithfully to the discharge of those duties, mindful of the trusts committed to us, and keeping constantly in view the interests of the whole people of the State, and the high and noble purposes for which, this government was established. To this end and with this spirit I tender you my prompt and earnest cooperation. HENRY H. CRAPO. ï~~546 MESSAGES OF GOVERNORS OF MICHIGAN January 18, 1865 From Journal of the Senate, pp. 96-99 TO THE SENATE AND HOUSE OF REPRESENTATIVES: My attention having been repeatedly and urgently called to the subject of a claim preferred against the State, growing out of the "Muskegon river improvement," I have deemed it my duty to bring the same to your notice by special message. By an examination of the several enactments on this subject, as well as of other proceedings had thereon by previous Legislatures, I find the facts, briefly and substantially, as follows: In 1857, the Legislature appropriated $50,000, payable from the internal improvement fund of this State, to improve navigation over the sand flats of the Muskegon river. Commissioners named in the act, and charged with the duty, let a contract to John A. Brooks, of Newaygo, for the price of $50,000. This contract was assigned by Brooks to William Beard, of Brooklyn, in the State of New York, who advanced the requisite sum of money, and completed the improvement to the entire satisfaction of the commissioners and of the Governor of the State, in 1860, as appears from their endorsements on the contract. After completing the work, Beard called on the State Treasurer for payment, with his contract properly certified, and was informed there was no money belonging to the internal improvement fund, and was not at the time of the appropriation. Payment not having been made, the Legislature of 1861 was asked to make provision for meeting this claim, and a joint resolution was passed at the session of that year, which, after briefly reciting the origin and history of the claim, states that Brooks, the contractor, was a member of the Legislature, and for that reason, under a constitutional provision, was incapable of taking such contract, and declares the same to be void. The joint resolution proceeds to say that Beard, the assignee of the contract, "in good faith went on and completed the said work to the full satisfaction and, acceptance of the said Commissioners and of the Governor, according to t4e terms of said act, and that the same is of great value to the State and people thereof,", and that "said Beard is justly entitled to compensation for the performance of said work-/' and that "the internal improvement lands, out of which it was contemplated the aforesaid appropriation should be paid, had been entirely exhausted at the time of such appropriation." The Legislature thereupon referred the claims of William Beard to the Board of State Auditors to "examine, audit and allow, at such amount, not exceeding $50,000 as they should find justly and equitably due and owing to him, for work done and money expended in the improvement of ï~~HENRY H. CRAPO 647 navigation over the. said flats of the Muskegon river;" and provision is made in the resolution for paying Beard in State swamp land at the minimum price of such land, without providing other means. The Board of Auditors, in pursuance of the authority thus given, audited and allowed the claim to Beard at $50,000, but for which he refused to take state swamp lands in payment. It also appears, by an agreement between said Brooks and Beard, that in the adjustment of certain misunderstandings and controversies growing out of this transaction between said Beard and certain sub-claimants, that from the said sum of $50,000 the said Beard should be entitled to receive and should be first paid the sum of $36,086.35; and that the balance, being $13,913.66, should be paid to said sub-claimants, less certain expenses, fees, &c. It having been represented that these sub-claimants were willing to accept and receive payment of said sum of $13,913.66 in swamp lands, as provided in said joint resolutions of 1861, the Legislature of 1864 adopted a joint resolution referring the whole matter of said claims to the Board of State Auditors, with instructions to settle and adjust the respective claims of such claimants, if they should find such claims to be divisible. By virtue of this authority, the Board of State Auditors defined the amount due William Beard at $36,086.34, and the amount due said subclaimants at $13,913.66, and awarded that the last-named sum be paid to F. B. Gilbert, trustee of said claimants, in swamp land, according to the tenor and effect of th4 aforesaid joint resolution of 1864; and of which there has only been paid in swamp land the sum of $1,472.50, whilst the remainder of said sub-claimants, together with Mr.. Bean, still refuse to accept payment in such lands. It is clear that the act of 1857 contemplated that the internal improvement fund was not exhausted, and, in fact, the Auditor General reported to the House of Representatives, a few days before the passage of the law, that the proceeds of about 90,000 acres of internal improvement lands remained unappropriated. This report was evidently an error of fact, and is shown to have been such by a report of the Auditor General in 1861, and the joint resolution of the same year. If, then, the error was made by the Legislature, as it clearly was, of appropriating money from a particular fund that had been permanently exhausted, the burden resulting from such an error should, in justice, rest upon the party who committed it, and not upon the individual who, in good faith, had expended his money and performed the work, relying upon such legislative action for payment. He certainly had an undoubted right to presume that the particular fund was ample to meet the appropriation. ï~~MESSAGES OF GOVERNORS OF MICHIGAN Whatever technical or legal objections may have existed in the earlier history of this claim to prevent the State from recognizing the contract with John A. Brooks, and from making payment under it, it would certainly seem that on no sound principle can the State now refuse provision for its payment, standing, as I believe it does, fully acknowledged and recognized against the State, through the action of the Legislature and the Board of State Auditors, as a just and valid one. The honor and credit of the State is, to a certain extent, involved in this matter, and however unexpected or unpleasant it may now be to have this claim forced upon us, yet I can see no other mode of exonerationg the State than that of its payment. I submit, therefore, the whole subject to your consideration, with the recommendation that provision be made for its payment, unless there are sufficient reasons for not doing so which do not appear upon the record; provided, however, there are funds from which the necessary appropriation can constitutionally and properly be made. HENRY H. CRAPO. January 21, 1865 From Journal of the House of Representatives, p. 661 Joseph Tunnicliff, Jr. M. D., Washington, D. C. Dear Sir-The fund provided by the last Legislature of this State, and placed in the hands of Gov. Blair, for the payment of such expenditures as should be incurred by him in the appointment of agencies for the relief of needy soldiers, having been expended, as I have reason to believe, and no further provision having yet been made, I shall not hold myself responsible for any payments made, or services rendered, on behalf of the State by such agencies, beyond such sums as may come into my possession from said fund, and not having any official knowledge of the term for which you were appointed by Gov. Blair, you will consider your appointment as revoked by me, provided the same is still in force. Respectfully, yours, &c., HENRY HI. GRAPO, Governor." ï~~HENRY H. CRAPO 649 January 23, 1865 From Journal of the Senate, p. 144 TO THE SENATE AND HOUSE OF REPRESENTATIVES: I herewith transmit a communication received from Augustus Widenmann, Consul of the Kingdom of Wurtemberg for the State of Michigan, enclosing a copy of the convention between the United States and said Kingdom of Wurtemberg, concluded in 1844, and also a copy of a communication addressed to said Consul by the Minister of Foreign Affairs for that kingdom. The purpose of the communication and the accompanying papers, is to secure the passage of a law requiring that upon the death of a subject of that government, within this State, having heirs at law residing in Wurtemberg, and having an estate here to be administered upon, notice in some form shall be given by judges of probate, or other officers or persons having cognizance of the subject matter, to such heirs at law, or, at least, to the consul of Wurtemberg. It may be well to consider whether justice and equity does not require that some legislation should be had upon this subject; and as we are receiving importations of capital from this source very greatly in excess of the exports, such legislation may be regarded not only as an act of justice, but of courtesy, and would be very likely to aid immigration. Perhaps some general provision, applicable to all foreign governments, may be advisable. Without, therefore any special recommendation, I respectfully commend the whole subject to your consideration. HENRY H. CRAPO. February 1, 1865 From Journal of the House of Representatives, p. 510 TO THE LEGISLATURE: I have the pleasure to communicate to you, by telegraph just received, that the United States House of Representatives, by a vote of 119 to 56, have passed the constitutional amendment heretofore adopted by the Senate, forever striking from our institutions, slavery, that curse of free governments. I most earnestly congratulate you upon this auspicious event, which only awaits the action of Michigan and other States to become the supreme law of the land; and most earnestly hope and reconi ï~~660 MESSAGES OF GOVERNORS OF MICHIGAN mend that Michigan 'may be the first to adopt and sanction this wise and humane action on the part of Congress to rid the nation of the disturbing and blighting institution of slavery. The earliest official notice of this action will be communicated to you. I take, however, the earliest opportunity to communicate this unofficial information, knowing that you, with me and all other loyal and patriotic men, will rejoice in the wise and beneficent action of Congress in the matter. HENRY H. CRAPO. February 2, 1865 From Journal of the Senate, p. 300 TO THE LEGISLATURE: I herewith transmit a telegram received from the Hon. J. M. Howard, member of the U. S. Senate, and the Hon. J. F. Driggs and the Hon. J. W. Longyear, members of the House of Representatives, from this State, announcing the adoption by Congress of joint resolution, submitting to the Legislatures of the several States a proposition to amend the Constitution abolishing slavery within the jurisdiction of the United States, and containing also, a copy of said resolution. Permit me to call your attention to this important subject and recommend that the question of ratifying this action of Congress be considered at the earliest practicable moment. HENRY H. CRAPO. February 6, 1865 From Journal of the Senate, pp. 335-336 TO THE LEGISLATURE: The preservation of fish in the waters adjacent to this State, is a subject which should engage the attention of the Legislature, and one of vastly more importance than the preservation of game in our forests, for the obvious reason that the interests involved are much greater. Whilst the Canadian Government has enacted wholesome and stringent laws for the preservation of fish in the waters adjacent to their own territory-which commingle with the waters bordering our own State ï~~HENRY H. CRAPO 551 we have given the subject no attention. As our interests in this regard are, in some respects at least, mutual and in common with those of Canada, it may be well to consider whether there is not some danger of the Canadian authorities repealing such of their laws on this subject as apply to our borders, unless some judicious legislation is soon had on our part; for their laws have undoubtedly been enacted with the expectation that we should adopt some similar legislation. The stock of fish in our waters is fast being needlessly destroyed, by the use of the pound or trap nets, which should be entirely prohibited by us, as they are by Canada. The fish are taken by these nets indiscriminately, those unfit for use as well as those which are, and whole schools or families are also taken at once, so that the stock of fish in some localities has, within a very few years, become almost entirely exhausted. If the use of these nets cannot be entirely prevented at once, they should most certainly be prohibited during the summer months. Other provisions are also undoubtedly necessary for the proper protection of this important interest. Wi th Ithese suggestions, however, I submit the whole subject to your consideration, with the recommendation that such legislation be had thereon, as will best save from useless and unnecessary waste and destruction, this valuable and important article, not only of food but of luxury. HENRY H. CRAPO. February 6, 1865 From Journal of the Senate, p. 336 To Tmm LEsIATURE: Permit me to call your attention to section two of an act of Congress, (No. 179), approved by the President July 2, 1864, which provides that the old Hall of the House of Representatives shall be set apart for the reception of statuary, and authorizes the President to invite each and all the States to provide and furnish statues, in marble or bronze, not exceeding two from each State of deceased persons, who have been citizens thereof, and illustrious for their historic renown, or for distinguished civil or military services, such as each State shall determine to be worthy of this national commemoration, the same to be placed in said hall. Apprehending that the publication of said act of Congress will be regarded by the President as a sufficient invitation on his part to the several States to furnish said statuary, I therefore commend the sub ï~~552 MESSAGES O' GOVERNORS OF MICHIGAN ject to your consideration, and recommend such action thereon as you may deem proper and expedient. HENRY H. CRAPO. " February 11, 1865 From Journal of the Senate, pp. 389-390 TO THE LEGISLATURE: Permit me to call your attention to the subject of the bond required to be given by the Superintendent of the St. Mary's Falls Ship Canal, as provided in section 2578, of the compiled laws. The penal sum of said bond is there fixed at five thousand dollars, with two or more sureties. In view of the large increase in the amount of tolls which now come into the hands of that officer, I would recommend a corresponding increase in the amount of said bond, and that the law be amended accordingly. I would also call your attention to the session laws of 1862, No. 16, section 24, fixing the penal sum of the bond required to be given by the Quartermaster General at ten thousand dollars. As the amount of money disbursed by that officer has heretofore been very large, and which will undoubtedly be still further increased, under the operation of the bounty law which has recently been enacted, I would recommend that the law be so amended as to require of this officer a bond for at least the sum of fifty thousand dollars, with two or, more sureties. HENRY H. CRAPO. ï~~1867 January 2, 1867 From Joint Documents of the State of Michigan, pp. 3-49 GENTLEMEN OF THE SENATE AND HOUSE OF REPRESEN'ATIVES: In assuming for the second time, at the call of her people, the functions of Chief Magistrate of this prosperous Commonwealth, I tender to them, through you, my gratitude for this renewed expression of their confidence; and, while receiving with respect this marked token of approval in the past, and acknowledging its generous evidence of trust in the future, I would express my abiding sense of the responsibilities which the position imposes, and repeat my pledges to labor constantlyfor the promotion of the public welfare, and to be guided in the discharge of my official duties solely by the deliberate convictions of right. In obedience to the Constitution and laws of the State, you are now assembled, as the Representatives of the people, for the purpose of enacting such laws as the public interests demand; and such also as are required to preserve and maintain individual rights, to secure public order and tranquility, and to promote the prosperity and happiness of the people of Michigan. Upon thus assembling, I am required, not only by the express provisions of the Constitution, but by custom, to give information by message of the condition of the State, and recommend to you such measures as I shall deem expedient. In the acceptance of our respective trusts, we have given our constituents assurance that they shall be faithfully and conscientiously discharged; and that the official authority thus conferred, shall not be abused nor used for any other purpose than that of securing and maintaining the general good. Let a consciousness of this obligation inspire us at all times and under all circumstances, with an unyielding purpose, to remain firm in the discharge of duty, and to deliberate carefully, yet earnestly and promptly, upon every subject submitted for consideration. By standing here, as we now do, upon the very threshold of another legislative term, and before proceeding to the performance of its obligations, let us remember our dependence upon Him, who is not only the Ruler of the Universe, but the lawgiver of all nations, and from whom cometh all knowledge and wisdom. Let us now, and at all times invoke His aid, for He alone can guide us aright in the hour of doubt and difficulty. When these halls were last occupied by Representatives of the peo ple of this State, a fratricidal war was raging in our land. Rebels and ï~~664 MESSAGES OF GOVERNORS OF MICHIGAN traitors, with deadly hate, had conspired to destroy the Union, and as a consequence, to overthrow our Republican Institutions, which have made Michigan, with her sister States, not only a great nation, but a prosperous, peaceful and happy people. The public mind was then anxious and troubled, and deeply solicitous for the future. But by the help, of Heaven, and the strong arms and unyielding wills of the loyal and patriotic men and women of Michigan, and of the nation, this enemy to our liberties has been subdued, and his fell purpose defeated. The roar of cannon and the strife of war are no longer heard in our land; and our hearts are no longer pained with the repeated news of the carnage of battles and the slaughter of our true and gallant fellow-citizensthe patriot soldiers-who so nobly and generously, at the hazard of their lives, volunteered their services to preserve the altars of Liberty, and to save from destruction a nation of Freemen. We have also been preserved, by a beneficent Providence, from the ravages of contagious disease; and pestilence has not been permitted to visit us. The work of the laboring man, and the toils of the husbandman and of the artisan, have been abundantly rewarded; and the tradesman and professional man have also shared in the general prosperity. Peace has succeeded war at home, and we enjoy friendly relations with foreign powers. Let us seek, then, to merit a continuance of these mercies by a proper appreciation of these blessings; and, so far as in us lies, to secure in the future the prosperity of our noble State. I need not remind you of the fact that the late rebellion has imposed upon the people not only high but even excessive rates of taxation; and that, for a long time to come, this burden will have to be borne by every industrial interest of the Commonwealth. And although it be true, that so long as we are favored with general thrift, and prosperity continues to smile upon us, this will cause no serious embarrassments, yet we should constantly remember that in the whirl of human events, changes are liable to occur at almost any moment-whether anticipated or not-by which difficulties may result from this burden. We should also remember, in making appropriations for objects not now really necessary, and which may be postponed for a season, that the present is a time of inflated prices and of fictitious values; and that consequently, at such a time, in expenditures of this kind, the most rigid prudence and economy should be observed. At the same time, in providing for the maintenance of our State institutions and for the support of our State Government, we should be just and even liberal, without being profuse or extravagant. In other words, our economy and retrenchment should be applied to such outlays as can be dispensed with for the present without serious loss or inconvenience, and not to such as have imperative claims upon us, and which demand at our hands a liberal policy. In the latter class should be included the wants of the benevolent and humane institutions of the ï~~HENRY H. CRAPO 555 State. But all legislation, having for its object the advancement of mere local or private and personal interests, and especially when such legislation requires the appropriation of money, should be made with great caution, and not until it shall clearly appear that, although local and personal in its nature, yet the whole people of the State, either directly or indirectly, are to be, in some substantial way, benefited by it. FINANCE. Full and detailed statements of the condition of each department of the State Government will undoubtedly, in due time, be laid before you by the several officers upon whom that duty by law devolves; and to them I respectfully refer you. There never has been, in the history of this State, a period when its financial affairs were in a more prosperous and flourishing condition than at the present time. The following statement exhibits the Receipts and Disbursements of the State Treasury for the fiscal year ending Nov. 30th, 1866, and also the several balances, as shown by the Treasurer's account, viz: The receipts into the Treasury were $2,370,392.50, and were derived from the following sources, viz: Balance of cash in the Treasury, Dec. 1, 1865.............$ 468,401.81 Received on account of General Fund.....................1,050,495.75 it Internal Imp' Fund...............4,001.41 " "Ste. Marie Canal Fund...........14,184.60 " " W ar Fund...................... 371,398.13 it Suspense Account Fund............6,000.00 it Primary School Fund.............124,531.13 Primary School Int. Fund.........52,766.65 University Fund.................14,693.75 University Interest Fund..........12,306.58 Normal School Fund............. 2,712.80 it it Normal School Int. Fund..........2,285.00 " " Swamp Land Fund............... 233,339.51 it it Swamp Land Int. Fund........... 7,123.48 it itAsylum Fund.................... 2,533.54 "t itState Building Fund............. 3,618.36 Total receipts.....................................$2,370,392.50 The payments from the Treasury amounted to $1,791,385.18, and were as follows, namely: Paid on account of General Fund........................ $571,177.44 it it Internal Improvement Fund...........8,978.55 " " Ste. Marie Canal Fund................7,520.00 ï~~666, MESSAGES OF GOVERNORS OF MICHIGAN it " Soldiers' Relief Fund...............$10,000.00 it it W ar Fund........................ 481,444.03 it it War Loan Sinking Fund.............261,800.00 it it Primary School Fund.................440.00 it cc Primary School Int. Fund............137,926.36 it it University Fund..................... 34,479.21 it i Normal School Fund...................40.00 " " Normal School Int. Fund.............10,529.26 it it Swamp Land Fund..................217,723.90 " it Swamp Land Int. Fund............... 289.92 it it Asylum Fund...................... 46,031.50 i it State Building Fund................... 5.00 Total payments.................................$1,791,385.18 Leaving a balance in the Treasury, Nov. 30, 1866...........579,007.32 $2,370,392.50 STATE DEBT. The funded and fundable State debt, November 30, 1866, is $3,979,921.25, and is made up as follows, to-wit: Ste. Marie Canal Bonds, 6's, due Jan. 1, 1878............ $100,000.00 Renewal Loan Bonds, 6's, due Jan. 1, 1878................ 216,000.00 Two-Million Loan Bonds, 7's, due Jan. 1, 1868.............250,000.00 it C4 6's, due Jan. 1, 1873............. 500,000.00 it it 6's, due Jan. 1, 1878.............. 500,000.00 it it 6's, due Jan. 1, 1883..............750,000.00 War Loan Bonds, 7's, due Jan. 1, 1886.................... 1,111,500.00 War Bounty Bonds, 7's, due May 1, 1890.................. 463,000.00 Adjusted Bonds, past due............................... 4,000.00 Full Paid Five Million Loan, past due.....................12,000.00 War Loan Bonds, called in Jan. 1st, 1866...................1,100.00 $125,000 of unrecognized Five Million Loan Bonds, past due and adjustable at.................................... 72,321.25 Total Bonded Debt, Nov. 30, 1866.....................$3,977,921.25 The Treasurer says, in his Annual Report, that, "If the present policy of investing the receipts of the Educational Fund in our State Bonds is continued, the amount thus received, added to the annual levy of 3-16 of a mill for the Sinking Fund, will probably be sufficient to pay the State debt, as fast as it matures." ï~~HENRY H. CRAPO 557 THE TRUST FUND DEBT. This debt is made up of the following items, to-wit: Primary School Fund...............................$1,268,330.63 Five per cent Primary School Fund...................... 138,630.71 University Fund....................................... 279,565.22 Normal School Fund................................... 41,877.03 $1,728,403.59 In connection with the foregoing statement, I invite your attention to the Annual Report of the State Treasurer. The policy of the State, in relation to its financial affairs, for several years past, has been to raise by taxation, from year to year, the necessary funds to meet all its ordinary and incidental expenses, leaving the Sinking Fund to be applied to the extinguishment of the State Debt. I would most earnestly recommend a continuance of this policy, the direct tendency of which is to restrain profuse and extravagant appropriations of money for present expenditures, that must be paid in the future; for it is an admitted fact, that more caution and discrimination are invariably used in creating an expenditure, when the money is to be paid "down," than when it is to be realized by incurring a new debt therefor, which is to be met hereafter. So long as we adhere to this practice, the financial affairs of the State can never become deranged or embarrassed. OUR STATE-ITS PRESENT CONDITION AND FUTURE DEVELOPMENTS. Permit me here to call your attention to the vast undeveloped resources of Michigan, and to the fact that the material interests of the State, in their future development, demand legislative action. In my Inaugural Message to the Legislature in 1865, I dwelt with particularity upon this subject. It is not necessary to repeat here what I then said; and yet, its importance as connected with the growth and prosperity of Michigan has in no degree lessened. The variety and extent of our mineral deposits are not equaled by those of any other State in this Union, situated upon the eastern slope of the continent; and still it is fairly to be presumed, that as yet we know very little of their magnitude. New discoveries of mineral wealth are being made almost every day, by individual enterprise, which is more the result of accident than of any proper system of research and investigation. These vast deposits should in some way be made available to promote the rapid increase of population and wealth, and the consequent prosperity of our State. ï~~558 MESSAGES OF GOVERNORS OF MICHIGAN To this end, sooner or later, a thorough Geological Survey, by competent and scientific men, should be undertaken at the public expense, and steadily prosecuted to a complete and successful termination; not a superficial and partial exploration of particular districts, where minerals are already known to abound, but a Geological Survey of the whole State. This is alike demanded by the interests of Agriculture, Manufactures and Commerce. And in this work, the character of our State, its extended area and great mineral resources, require that no illiberal or contracted policy be adopted. Such a survey, I believe, would be of infinitely more value to us than all it will cost; and then it is due to ourselves, as well as to the cause of progress, that we know wht resources we actually possess. Whether the time has yet arrived for this undertaking, I submit to your judgment and discretion; my own opinion is, that it should receive the earliest attention; and that, in view of its national importance, we have a right to expect, and should not only ask, but urge, the aid and co-operation of the General Government. In connection with this subject, there is another proposition of no less importance, to which I would call your attention. I refer to the establishment of a School for the especial study of the Sciences and Arts relating to Mines and Minerals, which is a necessity for the proper education of our citizens in this important subject of Mining and Metallurgy. Without this we cannot hope to realize all the advantages of our rich deposits, or protect ourselves from cupidity and imposition, as well as the consequent disappointment, that must result from the employment of persons, whose characters and qualifications we have no means of knowing. Congress having long since abandoned the idea of making the public lands a further source of revenue, it appears to me, that a portion of the public domain could be quite as appropriately devoted to the establishment of such a school, as for any other object. I therefore suggest that the attention of Congress be called to this subject, and that we ask for such a donation as will enable the State to establish such school. We have also other than mineral resources which are of little less importance. Among these are our Fisheries-our immense forests of valuable timber-and last, but not least, the great extent of our fertile-but as yet unsettled-agricultural lands, the value of which has never yet been appreciated. It is the province of wise legislation to make all these available for the growth and prosperity of the State. Still, however valuable such resources may be, that value is but nominal until developed by the application of labor, science, skill and capital. Legislation then to be useful, must be directed to bring into contract all these elements of industrial growth. This may be done in various ways, but mainly by inviting settlers upon our territory, and encouraging the introduction of skill and capital. ï~~HENRY H. CRAPO 559 In my previous Message, I took occasion to urge upon the attention of the Legislature the importance of adopting some judicious measures for increasing immigration to our State, as one of the most effectual means of reaching the desired end. My own views, however, as expressed upon that occasion, did not meet with favor, and failed to secure legislative action" in that direction. But, believing as I still do, that some system may be devised and adopted, whereby a moderate expenditure for this object would be productive of the most beneficial results, I will again venture to bring the subject to the notice of the Legislature, trusting that it may receive at your hands that deliberate consideration which I most sincerely believe its importance demands and would call your attention to that part of my former Message in which this subject is discussed. Other facts, however, not there alluded to, I deem of sufficient importance, in connection with this subject, to be stated here. Michigan was admitted into the Union, as one of the States, in 1837, having then a population of about 200,000; at which. time the population of Wisconsin was less than 20,000. In 1860 the population of Michigan, notwithstanding the fertility of her soil, the general salubrity of her climate-unsurpassed in this respect by any of the Western States, if by any state in the Union-the natural advantages of her geographical position-her proximity, to markets for all her productions-and her great natural resources, was 749,113 only; whereas, the population of Wisconsin, with a territory less in area by several thousand square miles, had reached, at that time, 775,881, exceeding that of Michigan by 26,768. These facts show conclusively that some potent causes must have operated to produce a result so little to the advantage of Michigan, and that the duty of those to whom her affairs are committed, for the time being, should seek out these causes, with a view to their removal. I am clkarly of the opinion that one of the principal of these causes is the apathy and indifference with which the State authorities and the people generally, have ever regarded the subject of immigration, whilst Wisconsin and other States lying west of us, have made this a prominent feature in their systems of State policy. And looking to their own future prosperity, why should they not? For the very best capital which any new country can possibly have, is a hardy and intelligent class of pioneers, men and women inured to habits of industry and labor, seeking homes for themselves and families-the primary elements.of wealth. The over-populated countries of Europe have long been making liberal investments of this kind of capital; and, as is ever the case, those who have appreciated its worth and have been the most active in securing it will enjoy its benefits; while those who have undervalued it, and made no effort for its acquisition, must inevitably lose its advantages. ï~~540 MESSAGES OF GOVERNORS OF MICHIGAN There are undoubtedly other causes why Michigan has not, to-day, a population more proportionate to her advantages, as compared with other States, but this, to my mind, is the principal one. The political as well as individual economy requires a judicious outlay of money. No one, I think, will seriously assert that the husbandman is profuse and prodigal because he expends money for the' purchase of the necessary seeds, without which he cannot possibly realize a crop. We may now recover, I believe, to some extent, our lost ground, by adopting some simple but judicious and well-defined State policy in reference to this subject; not a mere spasmodic effort, to be limited by a single appropriation, all advantages from which are sure to be lot by not being followed up, but a system that shall be maintained, until its benefits are realized. And this is the more important, from the present condition of the unsold Government lands within the State. For more than ten years a large proportion of these lands have been wholly excluded from market, in consequence of the several railroad grants; and consequently, in so far, settlers have been obliged to seek new lands elsewhere. More recently extensive land grants have been made, and scrip issued therefor, by the General Government, for the endowment of Agricultural Colleges, the effect of which has been to send this scrip here in large quantities from almost every State in the Union not having Government lands within their limits. Speculators, having purchased this scrip at a trifling cost, have already entered largely among the most desirable of these lands outside of the railroad limits. Both causes operate to shut out the pioneer and debar improvemeilt. It is certainly desirable to have railroads; but it is not for the interests of this State that our wild lands should be excluded from settlement, year after year, with a fair probability that a portion, at least, of these roads will not be opened for a long time to come, if ever, through such means. Without making any specific recommendations, I commend this whole subject to your serious consideration, hoping, however, that such legislation may be had as will, in your judgment, the most effectually lead to a more rapid increase of ovr population, as well as to a more speedy development of our almost illimitable resources; and also to the encouragement of the introduction of foreign capital, as a necessary auxiliary to our own limited means, for the establishment of every kind of manufactures, the facilities for which are here so abundant. WAGON ROADS. By an act of Congress, approved June 20th, 1864, a grant of land was made to this State for the construction of two wagon roads, for military and postal purposes,-one from Saginaw City to the Straits of Mackinaw, and the other from Grand Rapids to the- same point. This ï~~HENRY H. CRAPO 561 act provided among other things, "that said roads shall be located, sur-' veyed and constructed under the direction of such agents or commissioners as the Governor may appoint;" but no provision was made either for the payment of the services of such agents, or for the expenses of the surveys, &c. This grant was accepted by an act of the Legislature, approved March sixteenth, 1865, wherein it was provided, that the services and expenses of said commissioners, as well as all expenses incidental to the supervision of the survey, construction and completion of said roads, should be paid out of the State Treasury; but that the same should be reimbursed by the contractor or the contractors of said roads and paid into the State Treasury. The quantity of land granted was three sections to a mile of road, to be taken from the odd sections only of the public lands, notmineral, nearest to the established lines of said roads. As for much of the distance, these roads must necessarily be located through those districts, in which all the land upon the odd sections have been reserved for railroad purposes, the quantity embraced in the grant can only be made up, by taking those lying a long distance from the line of the roads; and consequently their value would not be much enhanced by the location of the roads. Being apprehensive from this, as well as from other circumstances, that if the roads were surveyed and located, parties could not be found, who would undertake heir construction for the grants, I deemed it advisable for the interests of the State, to ascertain as a preliminary step, whether such apprehension was well founded. Accordingly, one commissioner only was appointed on each road, for a specific purpose, with instructions to collect and report to me certain facts. Upon the receipt of these reports, I became satisfied that the grant was not uiicient to secure the construction of either of these roads; which fact I communicated to our delegation in Congress, at a personal interview in Washington, with a view that a further grant might be secured if practicable. The cost incurred by the commissioners, was very trifling, and saved a large expenditure which would have been required for the survey and location of the roads, and which would have been lost to the State, in case the roads were not ultimately built. Nothing further has been done in relation to this matter. SWAMP LANDS AND STATE ROADS. By an act of Congress, approved September 28th, 1850, nearly six million acres of "Swamp Lands,"-as they were termed-were donated to this State to enable her, as expressed in said act, "to construct the necessary levees and drains to reclaim the same." It was also further expressly provided by the terms of the grant, that "the proceeds of said ï~~662 MESSAGES OF GOVERNORS OF MICHIGAN lands, whether for sale or direct appropriation in kind, shall be applied exclusively as far as necessary, to the purpose of reclaiming said lands by means of the levees and drains aforesaid." This immense grant was accepted by an act of the,Legislature, approved June 28th, 1851, in which it was expressly provided, in accordance with the terms and conditions contained in the act of cession, "that all the money received from the sale of said lands, shall be and remain a fund for the purpose of reclaiming said lands in conformity with the provisions of the grant. This grant then was made for a specific purpose; and the good faith of the State became pledged that such purpose should be faithfully observed,-not only by the act of acceptance, but also by the terms of the law, by which such acceptance was indicated. By any act of the Legislature, approved Feb. 12th, 1859, a system was inaugurated for "the construction of roads, with proper ditches and drains, through the more unsettled parts of the State, where such lands are chiefly situated; and which is declared to be "in the opinion of the Legislature, one of the most efficient means of effecting that end," viz:--the reclaiming of said lands. To carry out this plan and to accomplish the proposed object, a large amount of statute machinery was set in motion, and ten roads, of the aggregate length of 1150 miles, were ordered to be located and built, the expense thus created to be paid from the proceeds of these lands. In all this, the original purpose of the grant, in my judgment, seems to have been lost sight of; for, by the very terms of the laws, the roads were-to be located "upon the most direct and eligible routes between the places designated;" that is, upon the most eligible routes for building roads, without any reference to the drainage and reclamation of the lands. Thus a splendid scheme, on paper, was devised for building State roads, which has ever since been a prolific source not only of legislation but of trouble. I have never been able to believe at any time, that the system was either a good one, or warranted by the terms of the grant. To me the idea of draining lands, by building roads, which are to be laid out over the most eligible routes for roads, is fallacious. The construction of a road from one elevation to another, across a basin of water or a swamp, does not certainly furnish an outlet for, and cannot possibly drain that basin. The only way of effectually draining our extensive tracts of low, wet lands, is by opening ditches through their sinuous depressions, following the natural courses of drainage until an outlet is found. Nor has the system thus adopted been used solely for the purpose of opening up the unsettled portion of our State, by inviting and encouraging settlers therein; but it has also been made available, to a greater ï~~HENRY H. CRAPO 563 or less extent, for the promotion of personal interests, and for the advancement of private ends, regardless of the public good. As a rule, 1 believe the whole system to have been an expensive failure. There are certainly exceptions in the case of particular roads; but they are the exceptions only. I say an expensive failure, because we have already appropriated more than one million acres of these lands, equal in value to the same number of acres of any wild lands in the State, as the very best would undoubtedly be the first taken for these roads; and which, I apprehend, are of equal or greater value than the balance of the entire donations, as large quantities of what now remain are very probably of little value, if not actually worthless. An idea very generally prevailed in the beginning, that all of these lands, because designated "Swamp," were of little consequence. But this was erroneous, for, whilst only a portion of them were low and wet, difficult to be reclaimed, and without timber of any value, other portions were among the most valuable lands in the State. This appropriation of the lands, although, as I believe, a misapplication of the grant, has undoubtedly, in some instances, been productive of much good, and might have been so as a general rule, had it not been that its practical workings opened a door through which interested parties might feel encouraged, if not actually invited, to seek the location of new roads, more with a view to increase the chances of acquiring these lands at a small cost, than with any desire to promote thereby the advancement of the general good. Perhaps none of the labor expended upon any of these roads has been wholly lost, although in many cases, it will ultimately prove of very little real value. The location of many of the roads could certainly have been delayed for a time, without serious injury to any one, because the unsettled condition of the country. through which they were laid did not immediately require them; and I have very little doubt that, in many instances, they will be abandoned, and other more desirable routes established by the settlers themselves, when the country is, opened. Had the roads been limited to some of the more important routes, necessary for opening main thoroughfares between important points, and such as were required in this particular to meet the actual wants of the settlers, many of the difficulties which have been experienced would have been obviated. One of the consequences resulting from the premature and almost indiscriminate location of these roads was the great depreciation in value of the "Swamp Land Scrip," occasioned by throwing upon the market a quantity so far in excess of the demand. If we admit the propriety of using these lands for the construction of roads, the better policy would have been to appropriate their cash proceeds for this object. The choice lands would undoubtedly have sold for cash at their minimum price, provided that had been the only mode ï~~564 MESSAGES OF GOVERNORS OF MICHIGAN by which they could have been secured; and the interest alone upon the sum thus realized, if judiciously expended, would have been sufficient to construct the roads as fast as really needed by any considerable number of actual settlers. Roads are certainly of no great consequence without settlers; and the proceeds of a portion of these lands might have been much more profitably used in an effort to aid immigration. I have never supposed that it was.to be the settled policy of this State to construct long lines of road through the almost unbroken wilderness, to accommodate a very few, or to enhance the value of property owned by speculators; and especially so at a time when the value of the scrip is merely nominal, and the cost of labor so excessively high. However well devised this whole system may have seemed to those by whom it was originated, yet, practically, it is full of the most serious difficulties, the Governor, for instance, is made responsible for all the acts, not only of the commissioners but of the contractors. When a contract is presented for his approval, he is required to judge if it be reasonable and right, or otherwise; and when work is accepted, he is required to know if it has been faithfully performed; and this knowledge can, by no possibility, as an established fact, be derived from the papers themselves. The road stipulated to be built, may have been located through a new and unsettled region, in which case the requirements of the contract may be a fair equivalent for the price stated. On the other hand, if laid out, either wholly or partially over an old road already built by the settlers along its line, or over a tract of country having little or no timber, upon which, in either' case, only a small amount of labor would be necessary to complete the required work, then the price stated may be excessive. How then is the Governor to know whether he should approve or reject any particular contract when presented to him? In fact, many of these roads have been laid out in such a manner, that contractors have acquired their lands at a trifling cost, by merely brushing up and patching old roads through settled parts of the country, or by expending a small amount of labor over those portions having but little timber to be removed; whilst sections of the same roads leading through an entire unsettled timbered district have been left untouched. A difficulty, no less serious, occurs in the case of acceptances. It is true, the Governor may send a special Agent to examine the work accepted by the Commissioner, yet upon the personal presentation of this acceptance by the contractor, for perhaps only one-half mile 'of road-work, situated fifty or one hundred miles off, he could hardly feel justified in sending the contractor home again without his pay, until a special commissioner could be sent, at much cost to the State, so long a distance, in order to ascertain if the acceptance was proper, which the Governor must either do, or sanction the action of the Commis ï~~HENRY H. CRAPO 666 sioner as a mere formality. It must, therefore, be very evident that, under all these circumstances, to relieve the Commissioner of all responsibility in fact, by placing it upon the Governor is, to say the least, very impolitic. The care and responsibility of these roads should not certainly be placed upon this officer, for, with all his other official labors, it is not to be expected that he could devote to this work the necessary time to protect either the interests of the State, or of those who are to be directly benefited by the proper construction of these roads. If the existing system of appropriating the swamp lands for roads is to be longer continued, some competent officer should be appointed to have the charge and supervision of these really extensive public works, who could devote his entire time to the task, if necessary, and who should be made responsible for the proper and judicious expenditure of the appropriations made for this object. There are other objectional features in the present system of building these roads, but their enumeration here is unnecessary. You will not, I trust, infer from these views that I am opposed to extending reasonable legislative aid to any portion of our State, and especially to those which are new and unsettled, by the building of roads or otherwise, so far as this may be legally and judiciously done; for I am not. But it is my duty as well as yours, as custodians of the public interests, for the time being, to see to it that we do not seek a desirable end through improper or doubtful means. The policy of building roads with these swamp lands has so long prevailed, that I do not feel disposed to assume the responsibility of recommending its discontinuance now; yet I may be permitted to ask that it receive, at your hands, the deliberate consideration which its importance demands. Examine carefully every measure which may be brought before you asking for further appropriations; and, if the present policy is to be continued, let your legislation be such as to require that the fund shall be expended in the most judicious manner practicable for the attainment of the desired end, viz.: The construction of really traversable highways, instead of mere imaginary lines; and that no new roads be established, unless it can be made to appear, beyond a doubt, that they are demanded at the present time by the interests of the State, and are not sought for from considerations of private personal interests only. If the system be continued, I would also recommend that such revision be made of existing laws as will most effectually' prevent this magnificent appropriation from being further frittered away for mere nominal road-work, from which the public are to derive very little or no substantial advantage. ï~~566 MESSAGES OF GOVERNORS OF MICHIGAN LAC LABELLE SHIP CANAL. A Joint Resolution was adopted by the Legislature of this State, March 2d, 1865, asking Congress for a grant of 100,000 acres of land to aid "the Lac LaBelle Harbor Improvement Company," in the construction of a ship canal from Lake Superior to Lac LaBelle. In response to this application, Congress passed an act making the required donation. This important work has been completed in a good, substantial and workmanlike manner, in all respects in conformity with the provisions of said act, and the same has been duly accepted. Patents will undoubtedly very soon be issued to the State for the lands granted. As this grant is subject to the disposal of the Legislature, it becomes necessary that the requisite action be taken to pass the title over to said company. PORTAGE LAKE AND LAKE SUPERIOR SHIP CANAL. Congress, on the 3rd day of March, 1865, donated to this State 200,000 acres of the public lands in the Upper Peninsula, for the purpose of aiding in the construction of a harbor and ship canal to connect the waters of Lake Superior with the waters of Portage Lake. This grant with all its franchises, rights, powers and privileges, was conferred upon the "Portage Lake and Lake Superior Ship Canal Company", by an act of the Legislature, approved March 18th, 1865. On the 14th of April, 1865, J. N. Greene was appointed engineer to survey, lay out and establish the route of said canal, and determine the termini thereof, and also prepare a plan for the construction of said canal and harbor, and make a specification and diagram of the same. On the 15th of December last, Mr. Green submitted his report, which, after a careful examination, was disapproved by me; First, because it did not, in every particular, conform with the requirements of the act of Congress; and, Second, because in many particulars I considered the work, as proposed to be done, insufficient to answer the purpose for which it was intended. The same was accordingly returned to the engineer with my objections. Subsequently, other plans were furnished; but these were disapproved for similar reasons. Believing that this canal and harbor, if properly constructed, would be of immense value to the mineral and other interests of Lake Superior, while, on the other hand, if not so constructed, the whole outlay might be lost, I deem it of the highest importance that the plan of the work, when adopted, be such as to justify a reasonable expectation, that when completed, it shall prove adequate and enduring. Upon an investigation of the whole subject, I became satisfied that it could hardly be expected of the Company to construct such a work for the original grant, as I should be willing to approve, in view of the immense interests, which ï~~HENRY H. CRAPO 567 must suffer in case the grant should be expended, and the work, when completed, prove a failure. That the subject might be fully understood, as between myself and the officers of the Company, I visited the City of New York for the purpose of having a personal interview with the President, but failed to see him. My views, however, were fully communicated to their agent, and the statement distinctly made to him, that I should insist upon the work being done in the most thorough and substantial manner. To aid as much as possible in securing this result, I then visited Washington, and there presented the whole subject to the Members of Congress from this State, through whose efforts an act was passed, July 3d, 1866, donating 200,000 acres in addition to the former grant, making in all a grant of 400,000 acres for the building of this canal and harbor. This act also extends the time in which the work must be completed, three additionAl years, making five years from the passage of the original act. You will undoubtedly take some action in relation to the acceptance of this additional grant; in doing which, I would suggest for your consideration the propriety of providing that. these grants shall revert to the State, to be conferred upon other parties unless some security is given for the completion of the work within the period limited; or unless the work shall be commenced within a certain time, and carried forward at some specified rate of progress. The practice of conferring these grants of land made to this State by the General Government upon certain companies, without making some provisions in relation to the non-completion of the work, or, in fact, without imposing conditions of any kind, I believe to be of very doubtful expediency. SAULT STE. MARY'S FALLS SHIP CANAL. From the Annual Report of the Superintendent of the canal, to which I would respectfully refer you, it will be perceived that the amount received for tolls during the year 1866, on this great public work, is $23,069.54. This is $729.90 more than was received on the same account, for the year 1865, but $11,217.77 less than the amount collected for 1864. It will be remembered that the business of the Canal for 1864 was unusually large, in consequence of the very high price of copper, occasioned by the war. Another cause for the diminution in the amount of receipts for '65 and '66, is a reduction of the rates of toll, made by the Canal Board in the beginning of 1865. The Superintendent has been under the necessity of making certain repairs, during the past summer, upon the foundation of the mitre sill at the upper lock gate. These repairs were required for the purpose of stopping a serious leak, which occurred in consequence of the mason-work having settled away from the apron and mitre-sill. To effect these re ï~~668 MESSAGES OF GOVERNORS OF MICHIGAN pairs without interfering with the navigation of the Canal, it became necessary to use the diving bell; and as a consequence, such repairs are of a temporary character, as nothing permanent could be done without drawing off the water. Although the work seems at present quite substantial, yet prudence requires that the foundation should be thoroughly overhauled, and permanently repaired, as soon as practicable. The proper time for doing this will be early next spring, in the interval between the time when the ice is all out of the Canal, and before the river is clear below, so that boats can come up. The necessary materials for this object have already been procured. In addition to the foregoing and such other ordinary repairs as may be needed, it is claimed by those interested in the navigation and commerce passing through the Canal, that further improvements are required for facilitating the passage of vessels. It is desired to increase the depth of water, so as to allow vessels, drawing at least twelve feet, to pass through the canal and locks at all times. This would probably cost in the aggregate, $15,000. Other and more important improvements, will undoubtedly soon be called for, by the increasing commerce of the Lake Superior country, and the region beyond, including Northern Wisconsin, Minnesota, and the Territories lying still west of them. The General Government have already under contract the deepening of the Lake George Flats and the rapids just below them, for defraying the expenses of which, Congress recently made an appropriation of $50,000. A much larger appropriation will be asked for, as I am informed, during the present or succeeding session of Congress, for the purpose of still further extending these public works. The time is certainly not far distant when the growing trade which must flow through this canal, will require a much larger class of vessels and steamers than at present. The copper, iron and other interests of this region, will undoubtedly be largely increased by the rich veins of copper recently discovered in the vicinity of Torch Lake. To this may be added the extensive business of the Valley of the Upper Mississippi, which will seek this route upon the opening of the St. Croix and Lake Superior Railroad, terminating at Superior and Bayfield, and soon, it is confidently asserted, to be completed. The wheat crop alone of Minnesota, which would pass over this route to a market, will undoubtedly be immense; and will be largely augmented by those of Northern Iowa and Wisconsin, besides the varied products of the vast region lying still further west, all of which would seek an outlet through Lake Superior and the Canal. And all this, in a short time, may be still further enlarged by the completion of the Northern Pacific Railroad, connecting, as it will, with the trade of China and Japan. With this view of the subject, prudence and a wise discretion demands ï~~HENRY H. CRAPO 569 that timely provisions be made for accommodating this increase in the commerce of Lake Superior. It is also essential to the interests of Michigan, that these improvements receive early attention, in order to prevent a diversion of this trade into other channels for the benefit of other States. I submit therefore for your consideration the expediency of an immediate application to Congress to make some further appropriation for this subject. THE ASYLUMS. The claims of the Asylum for the "Insane", and for the "Deaf and Dumb, and the Blind", upon the people of Michigan, for a liberal support, are imperative, and are founded not only upon the obligations which the more highly favored by Providence are always under to those who are less fortunate, but upon the plighted faith of this State, as expressed in its organic law, that they "shall always be fostered and supported". The unfortunate condition of those who are to be benefited by them, appeals constantly to our humanity and benevolence, and such appeals we must not reject. Both of these institutions have long remained in an unfinished condition; and, in that state of partial construction, have been left, from year to year, subject to deterioration, if not to actual decay, whilst many of those who are to be benefitted by them have anxiously awaited the necessary appropriation for their final completion. Why not make these appropriations now? Can anything be gained by further delay? In addition to the great inconvenience arising from the want of the unfinished portions of these buildings, serious loss has and must continue to be sustained until they shall be completed. It is neither economy nor good policy to put off longer this work. As the representatives of the people, who, I believe, are not only ready, but anxious, for the completion of those Asylums, it devolves upon you to determine the proper course to be pursued. I hope you may think that the time has arrived when a sufficient appropriation should be made for that purpose. When we consider the present amount of taxable property in this State, the required sum for this object will be relatively small. But, be that as it may, it is a necessity which must be met, sooner or later. Can it be met at any future time better than now? My own opinion is, that it cannot. The appropriations, also, for the support of these, as well as other State institutions, should, I believe, be made on a more liberal scale than heretofore. The practice has been to appropriate sums barely sufficient, under the most favorable circumstances and by the closest calculations, to meet the usual and ordinary expenditures for the specified period. These have almost invariably proved insufficient for ï~~570 MESSAGES OF GOVERNORS OF MICHIGAN that object, and those charged with the care and labor of their management, have been subjected to all the difficulties and embarrassments consequent upon the necessity of being obliged to furnish supplies for the support of public institutions after the appropriations have been exhausted. But this is not all the evil that results from such a practice. Purchases have to be made in small quantities, and on credit, and, as a legitimate consequence, at high prices. Thus by this course nothing can be saved, whilst much is sure to be lost. I trust the practice will no longer prevail, but that ample appropriations of every kind will be made for the completion and proper support of these institutions, which should be the pride and the boast of every citizen of the State. In this case, a seeming liberality will prove the most certain economy. And under no possible circumstances can it require less money to pay accrued indebtedness, by appropriating the amount for arrearages at the end of each biennial term, than to make the appropriation sufficiently large at the beginning. The present condition and wants of the "Asylum for the Deaf and Dumb, and the Blind", are so clearly and elaborately set forth in the Biennial Report of the Board of Trustees,-and in the several reports of the examining committees,-of the acting Commissioner,-and of the Principal, that little more is left for me to say in reference to this institution, than simply to call your attention to these reports. The institution is well conducted-is judiciously and economically managed, and is in a flourishing and prosperous condition. Those who have charge of it are thorough and efficient in the discharge of their respective duties, -are zealously devoted to the promotion of its best interest, and merit our entire confidence. The number of pupils is now larger than ever before, and that number will undoubtedly be constantly increasing, provided we have the means for their accommodation. The appropriation made by the last Legislature to defray the ordinary and incidental expenses of the Asylum for each of the years of 1865 and 1866, was $17,000. A further appropriation of $3,000 was made for the purpose of procuring beds, bedding, furniture, &c.; and a still further sum of $16,000 to pay arrearages on the expenditures for the years 1863 and 1864. The Board of Trustees in their report estimate that the expenditures for the last two years have exceeded the appropriations by nearly $20,000. One cause of this, as alleged, is the fact that prices have advanced, when it was supposed at the time of the appropriation, that they must decline. The Trustees in their report again urge the importance of making suitable provision for teaching the pupils some trade or handicraft which, it is believed, is invariably done in similar institutions throughout the country. This subject, I trust, in connection with all others relating to this Institution, will receive your attention. ï~~HENRY H. CRAPO 571 The "Asylum for the Insane", is in a prosperous condition, so far at least as relates to the treatment of patients and the general supervision and management of the Institution. The efficiency of the Medical Superintendent, is without question, and his efforts in behalf of those who are committed to his charge, and his devotedness to the interests of the Asylum, entitle him to much praise, as well as to the confidence of the people of Michigan. The Trustees, also, as well as the officers generally, have, I believe, labored faithfully and conscientiously in the performance of their respective duties. There are at present 172 patients, being as large a number as can possibly be accommodated. This number would be very largely increased if the requisite room could be furnished. In fact, the speedy enlargement of our present accommodation is a real necessity. The original design was, that this institution should be self-sustaining; in other words, that the amount received for board and medical treatment, should defray the necessary expenses. In its unfinished condition, however, and with its consequent limited accommodations, this could hardly be expected, unless a rate of charges should be established, that might be regarded as exorbitant. This result can undoubtedly be easily reached, when the Asylum shall be completed, and in full operation; but until that time arrives, it will be necessary to make some provisions for this deficit. Heretofore it has been the practice to procure supplies by using for the time being, a portion of the money appropriated for construction, which has been subsequently replaced from an appropriation made to meet the deficit in the ordinary expenses of the Asylum. In accordance with this practice, the Legislature, at the last session, made an appropriation of $8,850, to pay the arrearages which had then accrued, and for the erection of a house for the use of the engineer. An appropriation was also made of $80,000, "for the purpose of erecting, finishing and furnishing the north wing", to be raised by State tax, one-half in 1865, and one-half in 1866. The act making this appropriation provided that this money, together with what remained of previous appropriations for the same object, must only be used for the purpose of "erecting, finishing and furnishing the north wing"; and that the whole must "be expended under the direction of the Board of Trustees, by a Building Commissioner to be appointed by the Governor". The Trustees were thus left without any provision whatever, with which to meet the expenses of the Asylum, excepting what might be received from the patients; and, as these receipts must necessarily come after the expenditures had been incurred, they were virtually compelled, if they did not close the Institution, either to purchase supplies in small quantities and at high prices on credit, or to hire money, as best they might with which to make such purchases; and, this too, when the construe ï~~572 MESSAGES OF GOVERNORS OF MICHIGAN tion fund was lying idle. The difficulties which would inevitably result from this legislation, in the management of the Institution, must, I think, be apparent to all. These have been clearly set forth in the reports of the Trustees, and of the Building Commissioner; which reports, together with that of the Medical Superintendent, give full and comprehensive statements in regard to the present condition of the Asylum, as well as of the progress which has been made in the erection of the north wing. The medical Superintendent, E. H. Van Deusen, M. D., was appointed Building Commissioner. In his elaborate report, he has embodied a history of the Asylum, from its commencement, by which will be seen some of the difficulties to which those officers have been subjected, who have had the charge of erecting and managing it. I would most respectfully ask your particular attention to a careful consideration of this whole subject; and recommend such legislation as will obviate a continuance of the difficulties to which I have alluded; and such appropriations as shall be reasonably required for its completion and support. REFORM SCHOOL. The State Reform School is in a prosperous condition, and is achieving the great purpose for which it was established, to-wit: the reformation of those unfortunate youth, who have been turned out upon society, unrestrained by any moral or educational influences, that they may be saved from becoming adepts in crime. The Institution is not so much a prison for punishment, as a school for reformation; and I have little doubt that the condition-physically, intellectually and morally-of nearly every boy in that school is infinitely better than it was before he was sent there. It is, in fact, a great blessing to many-if not all-of its inmates, that such a place has been provided for them. There they form habits of industry, cleanliness, self-restraint, of regularly eating and sleeping, and a proper deportment, without being deprived of that recreation, which is natural to those of their age. There, too, they learn to keep the Sabbath, and to read the Bible. And there they are taught that merit has its reward, for their discharge is made dependent upon their "good behavior". From the annual Reports of its officers, which I have not seen, you will undoubtedly be fully advised of its condition and wants; and to these Reports I beg leave to refer you, trusting that such reasonable appropriations will be made for its support as its importance and usefulness demand. STATE PRISON. The present condition and future wants of the Penitentiary will claim your attention. For details in these particulars, I must refer you to the reports of its officers. Important changes, however, having ï~~HENRY H. CRAPO 573 occurred since my last communication to the Legislature, it may be deemed not only proper, but highly necessary, that I should call your attention to some of the more important considerations, which may enter into your deliberations in regard to this institution. The number of convicts has rapidly increased during the last two years. At the commencement of the fiscal year 1865, the number was 282, which continued to decrease-as it had done since January, 1861, when the number was 630-until in May, 1865,, there were only 262 convicts, being the lowest point reached. From this period commenced a rapid increase, until on the 30th of November, 1866, there were 502 convicts in the prison, being an increase of 240 in about eighteen months; equal to nearly one every other day. A disastrous fire occurred on the night of the 15th June, 1865, by which the whole line of work-shops, on the west side of the prisonyard, was destroyed. This was indeed a serious calamity; and, not having been anticipated, no legislative provision had been made to meet it. As the interests of the State and the well-being of the prison required that these shops should be re-built at the earliest practicable moment, a personal consultation was had with the Board of Inspectors, and after mature consideration, it was deemed advisable to proceed without delay, to re-build the work shops, notwithstanding no provision had been made for such an emergency. From these causes mainly has arisen the increase in the amount drawn from the treasury over the estimates made in 1864, as being necessary for the support of the prison for 1865 and 1866. The prison buildings are not only out of repair, but will very soon be found wholly inadequate for the proper accommodation of the convicts. The Board of Inspectors, as well as the Agent, in their reports show that by the present ratio of increase, the prison must be filled to its utmost capacity before the close of the present year. To meet this contingency, they recommended that provision be at once made for extending the east wing one hundred feet, which will give room for 160 additional cells-making in all about 900 cells; and that eighty of these be completed, as the number in all probability will be required before the close of 1868. They also recommend the erection of a suitable female prison; likewise the removal of the east wall 300 feet east, in order to make room for additional workshops, and that such shops be erected as soon as practicable, as they will be needed very shortly; that so much prison walls be built as will be made necessary by these alterations and enlargements; that a portion of the west wall, which is now propped up with timber and is liable to fall at any moment, be taken down and re-built; and that certain repairs be made to the floors and other parts of the prison. These additions and repairs I consider really necessary, ï~~574 MESSAGES OF GOVERNORS OF MICHIGAN and can hardly conceive how they can be dispensed with; and I therefore concur in their recommendation. Certain other improvements are also recommended, but which perhaps are not so imperatively demanded as those already enumerated. Permit me to refer you to the very full and able Reports of the Inspectors and of the Agent, for 1865 and 1866, and to suggest the propriety, if not the absolute necessity, of a thorough and careful investigation of this whole matter. It is a subject of much importance, and the time has undoubtedly arrived when the interests of the State require that it be fully met. It is not only necessary that the prison buildings be thoroughly repaired and enlarged, but that the whole prison system be revised. As now conducted, whilst the contractors for prison labor are realizing large fortunes from such labor the tax-payers of the State are required annually to pay large sums for the support of the Prison. Some method should be devised whereby the Institution could be made to do far more than at present towards sustaining itself. I will here briefly allude to another subject in connection with the Prison, which, to some extent, has become a matter of public discussion. I refer to the statement that convicts, sentenced for life, are improperly confined, and that such confinement, by inducing insanity, is a violation of the plain duty of Humanity. Want of space will not permit a discussion of these questions here; and in answer to this, I will briefly say, that neither the premises nor the conclusions are quite correct. The practice has. long prevailed in the Prison to release from solitary confinement, at the discretion of the Inspectors, and permit to labor, all who could, without risk, be thus indulged. And in nearly every case where a convict has become the subject of insanity, the malady has made its appearance whilst such convict was, and had been for a long time previous, enjoying the privileges of a convict laborer. It is true that there are now in solitary confinement some six convicts who are more or less insane; and one of them is a raving maniac, whose sentence long since expired; but who is still retained there from motives, of humanity and safety, and because no place has yet been provided by the public authority, and at the public expense, for the more suitable confinement and care of our homeless and friendless insane. Some legislative provision, I believe, should at once be made for this class of unfortunates. I will also suggest, for your consideration, the propriety of some revision of the present law in relation to the compensation of the inspectors, for their services. They are now permitted to receive pay for only thirty days in each year, and the amount is hardly sufficient to meet their actual expenses; whereas, those members, residing at a distance from the prison, have been compelled to devote at last forty days ï~~HENRY H. CRAPO 575 to that duty. Their labors, for the last two years, have been very onerous, and I think should entitle them to some additional allowance. Tun PARDONING POWER. In connection with the State Prison, the pardoning power should, I think, in this Message receive some consideration. At least, I deem it of some importance that my own views on this subject should be fully understood. The exercise of this power by the Executive is one of the most difficult and perplexing in the whole range of his official duties, and one, too, the real nature and importance of which, I apprehend, are the least understood by the public generally. In fact, many persons seem to think that it is simply a kind of patronage placed in the hands of the Governor, to be used by him at will and from mere motives of mercy, or as an expression of his personal sympathy for the victims of the criminal law; and that he is not only at liberty to exercise it on every possible occasion, but is also under an obligation to do so whenever urged thereto by those sympathizing friends who commiserate the unfortunate condition of our State Prison convicts. Such persons forget that the adoption of a rule of official action like this must necessarily, in practice, become applicable to every case; and thus every convict would set up a claim to executive clemency. And this claim, upon the adoption of such a principle in the exercise of the pardoning power, would be well made; for if any one convict is entitled to a discharge from prison on mere grounds of clemency, then every other convict would have a right to ask that he too receive the benefit of such clemency. The door of escape being thus thrown open, the only effect of a conviction for crime would be to call into action the exercise of the pardoning power, and thus the prerogative of our judicial tribunals, which, by the Constitution and laws of our State, have exclusive jurisdiction over all criminal offenses, and alone are authorized to try the question of guilt, and to award the penalty for crime, would be entirely ignored by a coordinate branch of the Government, to which no such power has really been given. Although, by the Constitution, absolute power is conferred upon the Executive to "grant reprieves, commutations and pardons, after convictions, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper," yet it does not follow, that because such power is possessed, he would be warranted in exercising it as a matter of course, for the benefit of all who seek to become its recipients, and who have been, it is to be presumed, legally tried, convicted and sentenced. There is a broad distinction between the power and the right to do the same thing. That the people in conferring this power upon their Executive, by the organic law of the State, intended that this distinction ï~~576 MESSAGES OF GOVERNORS OF MICHIGAN should be observed, may fairly be inferred from the fact, that the Executive is required to communicate to the Legislature his reasons in each case of reprieve, commutation or pardon granted. There is, however, another still stronger consideration against the loose and indiscriminate use of this power by the Executive. The Constitution declares 'that the powers of the Government are divided into three departments, the Legislative, Executive and Judicial; it then defines in general terms, the respective powers of each. The Legislative department is to enact all necessary laws; the Executive department is to see that the laws are faithfully executed, and to perform such other duties as are specially enumerated; and the Judicial department is to administer the laws, and in the performance of such duty, to hear and determine such accusations against those charged with criminal offenses, to decide upon the guilt or innocence of the accused, and to adjudge the penalty deserved by those who are found guilty. The constitution, further declares that "no person belonging to one department shall exercise the powers properly belonging to another, except in the cases expressly provided for in this Constitution." Now, in view of these provisions, I am clearly of the opinion that the Executive has no right to annul or make void by an exercise of the pardoning power, the acts and decisions of the judicial tribunals in the trial, conviction and sentence of any person, unless in one or two events: First, The discovery of such new facts as would if proved upon the trial, have established the innocence of the accused; or, Secondly, such as would have mitigated the offense as proved, and thereby entitled him to a less penalty than that which has been adjudged. Nor has the Executive the right, under the plea of exercising the pardoning power, to set aside the action of our courts, by opening again the issues on the same testimony, already passed upon by the competent legal tribunal; because this would be a violation of that provision of our constitution to which I have heretofore referred. It is possible, indeed, not unlikely, that extreme cases may arise, characterized by circumstances which cannot now be foreseen, that might, with propriety, be regarded as exceptions to the rule of action whichI have considered it my duty to adopt. It is claimed that a convict, having suffered for a time by confinement.in prison, and the public excitement and notoriety of his offense, consequent upon his arrest and trial, having passed away, no possible good can be secured by a longer incarceration, and that, therefore, he should be pardoned. It is also claimed that his misfortunes should so enlist our sympathies in his behalf, as that he should receive Executive clemency, and if not on his own account, at least on account of those who are compelled to suffer in consequence of his prolonged imprisonment. This is all very well, if the exercise of mercy and forbearance ï~~HENRY H. CRAPO 677 towards the guilty is alone to be considered. But to my mind the principle of justice, and the claims of society for self-protection against the vicious and lawless, are not to be lost sight of. The guilty are not punished because society wishes to inflict pain and suffering upon any, but because its own safety requires it; and because the only reparation the criminal can make, is the counter-influencing example afforded by his endurance of the penalty awarded by that tribunal, which has sole jurisdiction of the offense. To effectually meet these ends, punishment must be made certain. AGRICULTURAL COLLEGE. This Institution, which I trust will soon be the pride and the boast of the farmers of Michigan, is gradually surmounting those difficulties which seemed, in its early history, to threaten its overthrow, and is now making steady advances towards that ultimate success which, I believe, it is yet destined to achieve. Many grave mistakes were undoubtedly made in the beginning by those to whom its care and management were committed. But these were accidental and temporary, and must necessarily disappear as a more enlarged experience of its officers, and more abundant means for its support, are brought to its aid. The institution, however, could not, with justice, be made responsible for these mistakes. Its claims to favor are founded upon the actual benefits it is capable of affording, when properly managed and sustained. It asks, and has a right to expect, not only the necessary funds and the requisite skill for its support, but the encouragement and countenance of the people of Michigan, and especially of the farmers, whom it is more particularly designed to benefit. The officers to whose hands its management is now committed are, I believe, not only competent, but devoted to the faithful discharge of their respective duties. As an institution of learning, the College is steadily advancing in the confidence of the public, which is demonstrated by the fact that more than thirty applicants for admission, as students, were rejected during the last year, for want of room for their accommodation. Those who have visited it speak in high terms of its efficiency, and the decided progress which it has made. The prejudice with which it has been heretofore regarded by some, is rapidly wearing away, and the public sentiment is turning more decidedly in its favor. Michigan may, indeed, regard herself as the pioneer in this cause, and as having achieved a greater success than any other State--a meed which is justly awarded her. The Agricultural College is now one of our established State ipstitutions, and is entitled to receive a liberal support. Additional' accommodations for students should be provided, and appropriations made sufficient to sustain it in keeping with its usefulness. Although endowed by a grant from the General Government of 240,000 acres of ï~~578 MESSAGES OF GOVERNORS OF MICHIGAN land, yet, for the present, it must depend upon the State for the necessary appropriations, which, I hope, may be liberally made. The selection of the above grant of lands is now nearly completed. Of the 150,000 acres, stated to have been selected in the valedictory message of my predecessor, only 118,452 acres have been approved at the Land Office in Washington. For a time the work of completing these selections was delayed with the hope, that upon the termination of the period for the withdrawal of public lands from entry under the several railroad grants, an opportunity would be afforded for securing better lands,-these railroad grants having for a long time excluded from market, a large proportion of all the Government lands on this Peninsula. These grants, however, having been renewed, it became necessary to secure at once the best lands that were open to us. About 90,000 acres additional, have accordingly been selected from careful examination; and the selection of the remainder of the College grant will soon be completed. These lands, although not what they might have been, had the railroad grants been less extensive, are, nevertheless, I believe, well selected, and they will soon be valuable; and the proceeds from their sale will, ere long, afford material aid in support of the Institution. The sum of $30,000 was appropriated by the Legislature for the years 1865 and 1866. The State Agricultural Board, to whose report I beg to refer you, believe that a larger sum will be required for 1867 and 1868. The Board are desirous that a sufficient appropriation should be made to meet the expenses of the College to March 1, 1869, instead of Dec. 1, 1868, as well as to pay their present indebtedness of about $5,000, of which $500 is due the "Library Fund," and $2,525 their "Swamp Land Fund." Should this be done, they believe the sum of $50,000 will be required. But if it is not deemed advisable to pay the amounts due the "Library" and the "Swamp Land" Funds, and to provide for the expenses which will accrue from Dec. 1, 1868, to March 1, 1869, then the sum of $42,000 will be sufficient. SoLDIERS' RELIEF FUND. By an act approved March 18th, 1865, the sum of $5,000 was appropriated out of the Military Fund, to be expended by the Governor, or so much thereof as might be necessary, in the payment of any arrears of the Soldiers' Relief Fund. The further sum of $20,000 was also appropriated out of said Military Fund, for the relief of sick, disabled and needy soldiers, to be expended under the provisions of Act No. 31, Session Laws of 1863. The account of this fund is as follows: r5 ï~~HENRY H. CRAPO 579 CREDITS. By appropriations, as above..............................#425,000.00 " am't received of Gov. Blair........................... 2,033,23 " " which remained of a former appropriation.........2,000.00 " " received of L. B. Willard, Ag't, being a credit in his account.................................... 200.00 " " received of Rev. D. E. Millard, being collections for sale of transportation tickets, &c................. 2,943.32 Total...........................................$32,176.55 DEBITS. To sundry payments, as per vouchers on file in Auditor General's office, including outstanding claims at the commencement of my Administration............................. 21,868.94 Balance remaining................................$10,307.61 FUNDS. Amount deposited in National Insurance Bank..............#3,307.61 not drawn from State Treasury.................... 7,000.00 $10,307.61 In this expenditure, I have pursued the same system adopted by my predecessor, which I believe to have been a wise and judicious one. The relief thus afforded, compared with the amount of money expended, has been very great; and in no other way could a greater benefit have been conferred upon the soldiers. All claims against this fund, which have come to my knowledge, are paid; although it is possible that some small amounts may yet be outstanding. There are still occasional applications for aid to assist some poor crippled soldier on his way home, and it may be well to use a portion at least of the balance in continuing such relief. SOLDIERS' HOME. Justice, as well as humanity, requires that some provision should be made, at the public expense, for the care and support of our wounded, crippled and needy soldiers-not as a charity, nor a kind of bounty, but because every principle of equity and right demands it at our hands. In the great struggle for national existence and for the maintenance of civil liberty, our reliance was upon the strong arms and stout hearts, ï~~580 MESSAGES OF GOVERNORS OF MICHIGAN and unyielding wills of the brave and loyal men, who, in that fearful hour of their country's peril, offered themselves a willing sacrifice for their country's good. Michigan-be it said to her honor and gloryfurnished her full quota of these heroic men; and through their unflinching courage and undaunted valor sustained her full share of the casualties of war. Her gallant and devoted sons fill patriot graves on almost every battlefield of that sanguinary conflict. No aid from us can reach the fallen. Our debt to them can never be paid. But those who have returned to us, crippled for life, or otherwise disabled, have a righteous claim upon us for their support. They should never be left to charity or the Alms House. It seems to me, that the glory which we have won would be dimmed; that the blessings which we have secured through their sufferings and irreparable losses, would be lessened; nay, that shame and disgrace would be our portion, were they thus neglected. We should, we must, furnish them with a comfortable home. The cost should be regarded only as a trifling payment on a debt too immense ever to be canceled; and which we can far better afford to pay than they to receive. I trust you will concur with me in these views; and that your wisdom will be at no loss to devise the proper means for the attainment of so desirable an end. Arrangements for this purpose, I am advised, can be made with the Trustees of the Harper Hospital in Detroit, advantageously to the State. I commend the whole subject to your consideration. EDUCATION. Not having seen the Report of the Superintendent of Public Instruction, I can only refer you to that document, which will undoubtedly give full information on this most important subject, and suggest such changes and revisions in the existing laws, as that officer may deem expedient. It is not necessary that I should attempt to present arguments in favor of sustaining and encouraging a general system of popular education, to a legislative body chosen by the people of Michigan. The value of such a system is recognized by all her citizens. The facts, however, are well established that our schools and colleges are in a flourishing condition, and have been liberally sustained; and that in return, they are diffusing information and knowledge throughout all the departments of social life. The importance of educating all classes must be fully admitted, when it is remembered that the most emphatic lesson taught by history is, that in the ignorance of the people lies the strength of tyrants and despots; and that Republican Institutions can only be secured and maintained where true knowledge is universally disseminated among the masses. ï~~HENRY H. CRAPO 681 Although our system of education, like all other human systems, may not be free from serious defects, yet, I think we may- justly pride ourselves upon the very liberal views adopted by us, as a people, on this subject, and upon the generous, public spirited stand which we have taken from our infancy as a State; for, there are to-day, I believe, very few States in the Union, if any, where the cause of popular education received more favor and support than in Michigan. The educational funds of the State now amount to $2,780,292.73. These funds are all safely invested, and draw interest at the rate of 7 per cent, with the exception of a small amount at the rate of 5 and 6 per cent. PARIS EXPOSITION. Congress adopted a Joint Resolution, approved July 5th, 1866, by which the Governors of the several States were requested "to invite the patriotic people of their respective States to assist in the proper representation of the handiwork of our artisans, and the prolific sources of material wealth with which our land is blessed," at the Paris Universal Exhibition, to be held in 1867, in order "to secure to their respective States the advantages which it promises." In accordance with this resolution, and in compliance with a request from the Secretary of State, at Washington, I did, on the 6th day of August last, by public notice, extend such invitation to the people of this State. No legislative provision was made at the last session, either for the appointment of a Commissioner, or for defraying the expenses of such Commission; yet, in view.of the benefits which the people of the State might derive from participating in the advantages of this Exhibition, I deemed it advisable that a Commissioner should be appointed, if a competent person could be found, who would undertake this duty in the absence of such a provision. Accordingly I appointed Henry F. Q. d'Aligney, Commissioner from this State to said Exhibition, he having been recommended to me as a suitable person for such appointment. This appointment, however, was made with the express understanding that the State of Michigan should be at no expense whatever by reason of the same, and that the action of the Legislature, in making any appropriation for this object must be wholly voluntary. Mr. d'Aligney has placed in my hands sundry petitions, requesting that I recommend an appropriation for suitably compensating him for his services and expenses, as such Commissioner. He has, I have been informed, received a similar appointment from the President of the United States, with a salary of one thousand dollars. Without making any specific recommendations in this case, I submit the whole subject to your consideration, and for your action, upon the facts stated. ï~~582 MESSAGES OF GOVERNORS OF MICHIGAN REVISION OF THE CONSTITUTION. The question of a general revision of the Constitution having been submitted to. the electors at the recent general election, in accordance with the provisions of the Constitution and of a Joint Resolution adopted at the last session of the Legislature, this question was decided by a majority of 50,882 in favor of such revision. It therefore, becomes your duty, upon the official announcement of the result of such vote by the Secretary of State, to "provide by law for the election of delegates to a convention," for the purpose of making such revision, and to "prescribe the number of delegates, and the time, place and manner of holding such convention." I would recommend that such convention be held as soon after the adjournment of this body as may be found practicable. MILITARY. Permit me to call your attention to the militia system of this State. At the extra session of the Legislature in 1862, an act was passed for the re-organization of our State militia, which is now in force. This act provides for raising volunteer, uniformed, State troops, to be supplied, at the expense of the State, with arms, equipments, &c. But as such volunteers are required to furnish, at their own expense, the prescribed uniforms, no efficient organization of this class of troops has ever been made under this law. Besides this, the act only requires a loose system of enrollment, without any organization whatever. The provisions of this law, in some respects, are good; yet, as a whole, I am clearly of the opinion that it needs revision. The Adjutant General has embodied his views upon this subject in a special report, dated December 31, 1866, which has been printed, and to which I would respectfully call your attention. The General has so very ably and fully discussed the matter, that it is quite unnecessary for me here to do more than refer you to his report. The subject is one of vital importance, and I trust, will receive at your hands that careful and candid investigation which it merits. The experience of the past few years shows us very clearly the great necessity of preparing for war in time of peace. A preparation for probable or possible danger is always the most effectual means of obviating or escaping that danger. The maintenance of our civil laws, and the support of our republican institutions, must depend upon a citizen soldiery, so efficiently organized and equipped as to be ready for service, if needed, at a day's notice. While despotic rulers look to a standing army to maintain their power, freemen must rely upon themselves to maintain their liberties. No consideration should induce them to neglect the means essential to this end. The exposed position which our State oc ï~~HENRY H. CRAPO 583 cupies on the borders of a government with which the United States are liable at any time to come into collision-our extended frontier along the boundary line of that government, from which we are only separated by lakes and narrow rivers, which oppose feeble barriers to the attacks of an invading foe-the defenseless condition of many of our large cities, town and villages situated along the line of this frontier, exposed at all times to the inroads of marauding forces-all alike demand the adoption and maintenance of such a State military system as will enable us the most effectually, at all times and under all circumstances, "to execute the laws, to suppress insurrection, and to repel invasion." LAND TITLES. Prudence would seem to dictate, in view of recent developments, that some safeguards, besides those which now exist upon our Statute Book, should be thrown around the title to lands in our State. Public industry is injuriously affected, the happiness of families endangered, and the improvement of the country retarded, where the law leaves the tenure of the homestead, and all other real estate, exposed to the fraudulent acts of the designing and heartless speculator. The honest purchaser of land sometimes fails to record his deed, either from ignorance of its legal necessity or from accident. After a lapse of sufficient time to render the fraud practicable, by false personation, forgery or otherwise, a deed, purporting to convey the same land to some lynx-eyed adventurer, and purporting to have been executed by the proper grantor in whom the title of record is last found, and bearing upon its face all the formalities required by the Statute for the valid execution of deeds, is presented to the proper Register for record. It is recorded with official promptness, and at once taken possession of by him, who seeks to profit by the wrong; no opportunity being given to him who is most justly interested and best entitled to protection, to inspect the deed, decide upon its character and expose its falsity. The record evidence being legally regular, and the explanation, if required in subsequent litigation, why the original instrument is not produced, being so easily fabricated and made plausible, the record alone, in and of itself, becomes a powerful engine of wrong. Further elucidation becomes unnecessary to show the great importance of some enactment which shall check, if it does not eradicate this, which I regret to say, is an adroitly systematized, fast growing and formidable public evil. It is left to your judgment and sagacity to devise and block out the remedy whether it shall be by an enactment that the original deed, or power of attorney, shall be kept on file, after recording, with the register permanently for public inspection, or two original instruments in duplicate be executed, one of them to be deposited, as intimated with the ï~~584 MESSAGES OF GOVERNORS OF MICHIGAN Register, and the other, after careful comparison by that officer, with the one on file, be certified to by him, as an exact duplicate, and delivered to the grantee or person entitled thereto. It may be that a return to the salutary principle and rule of the Common Law making all conveyances of land by a grantor out of possession absolutely void, where such lands are at the time held adversely, would meet the exigency. This would at the least, diminish the number of such cases, and perhaps break up completely the facile and too often corrupt transfer of pretended titles for sheer speculating and litigous purposes.. LIBERTY AND THE UNION. Although averse, in the administration of State affairs, to interfere with those matters which might be regarded as more appropriately belonging to the General Government, yet there are occasions when it is certainly proper, that questions of national policy, and the condition of national affairs, should not be overlooked. Since the Legislature of Michigan last assembled in these Halls, great events have crowded the page of history. In the midst of our rejoicing at the surrender of Lee, the General-in-Chief of the rebel armies, the heart of the nation was suddenly filled with horror and grief, by the assassination of that truly great and good man, President Lincoln, just as the daylight of safety to the country began to break through the dark and stormy clouds that had enshrouded his whole previous administration. The surrender of all the remaining Confederate forces, followed in rapid succession, with the capture and imprisonment of the master-spirit, and arch-rebel, Jefferson Davis, and the collapse of the slaveholders' great rebellion, before the majesty of free principles, and the might of our liberty-loving veteran volunteers. Then came the embittered controversy, relative to the conditions upon which the seceded States should be re-admitted to a participation in the Government. On the 2d of February, 1865, I had the pleasure of officially announcing to the Legislature, then in session, the adoption by Congress of the constitutional amendment, forever abolishing and prohibiting slavery in the United States of America. The Legislature promptly, on the same day, ratified the amendment-ours being the second State in the Union to do so-Illinois having ratified on the 1st of February. On the 18th of December, 1865, Secretary Seward officially proclaimed that this amendment had been ratified by the requisite number of States, and that it had "become valid, to all intents and purposes, as a part of the Constitution of the United States." Upon this important event I take occasion to congratulate you, that our country has at last been freed from that incubus upon her unity and prosperity Which had so long been a reproach to us among the nations, as a fostered institution utterly at ï~~HENRY H. CRAPO 585 variance with the principles of the Declaration of Independence upon which our Government assumed to be founded. It is a matter for pride and gladness, that the scoffer at free institutions can never more point the finger of scorn to the model Republic of the world, as an example of the antagonism of theory and practice, where an oppressed and enslaved race were permitted to be held in the cruelest bondage-where the whip, the coffle, and the human auction-block, were daily witnesses against us, as we sung annual peans on our country's natal day, to the spirit of Liberty and Equality. We may well be joyous that that anomaly is now removed, and will never more call the blush of shame to the cheek of the true American citizen. In accomplishing this noble result, Michigan performed her full share by the voice of her people and the votes of her representatives. But the work is not finished. Although slavery can no longer have a legal existence anywhere upon the broad domain of the United States, the colored men of the South have not yet been secured in a position of permanent freedom from the tyranny and oppression of their former owners. Placed without preparation in a new relation to society and the Government by their emancipation, they have been termed, with some propriety, the "Wards of the Nation." All accessible evidence manifests that the discomfited traitors who inaugurated the rebellion in behalf of the perpetuation of human slavery, cannot accept its abolition with any degree of contentment, but by legislation would reduce th? freedmen, as a class, to a condition of serfdom, constraint and helplessness, but little, if at all, better than the slavery from which they have been liberated. As the guardian of their rights, it has become the duty of the General Government to protect their wards against this system of class oppression, and to assist them in the transition from their former condition of absolute dependence to one of self-sustaining usefulness; and as a temporary aid to this object, the Freedmen's Bureau has been established. If anything could add to the obligations of the government in this regard, it will be found in the fact of the undeviating loyalty of the freedmen throughout the whole war, and when the National Flag had few if any other friends in the rebel states. Closely interwoven with, and inseparable from this subject, is that of the general question of the reconstruction of the late Confederate States, and their restoration to their former position in the Union. The difference between Congress and the President, as to the terms on which they should be admitted to representation in Congress, are familiar to you. In no spirit of revenge, but solely as safeguards against renewed attempts to dismember the Government-to prevent the rebel states from gaining an actual accession of political strength in the councils of the nation, as a consequence of their rebellion-to establish an equality of representation, and a favorable recognition of the loyal element of society ï~~586 MESSAGES OF GOVERNORS OF MICHIGAN in the South, Congress, after a laborious, protracted and impartial investigation, adopted a series of further amendments to the Constitution, to be submitted to the States for ratification, in the manner provided by that instrument, and which I will very soon lay before you in a Special Message for your action. In the late Congressional and State elections, these amendments became the great issue before the people, as against the policy of the President and his supporters. The magnificent and unprecedented majorities by which the policy of Congress was sustained in the loyal States, showed how deeply the people were interested, and how stern was their determination to forbid that traitors should have not only immunity but actual reward for their treason; and to this the electors were impelled, not by vindictiveness towards rebels, but in justice to loyal men. The amendments being eminently just and proper in themselves, and under,all the circumstances, magnanimous to the rebel States, as a means of restoration, I presume that you will, on the part of the State of Michigan, unhesitatingly ratify them. Opportunity has already been offered to most, if not all of the late Confederate States to ratify these amendments, but they have been rejected by all. This persistence in the spirit which originally prompted the Rebellion, is much to be regretted, but will scarcely avail to procure for them easier terms of admission. With or without their assent to these amendments, Congress will doubtless provide that the rights of the loyal men" in the South, whether white or black, shall be respected; and by appropriate legislation, protect the future of our country from the perils of the past. As a means to this end, impartial suffrage, without regard to color, seems to be demanded by the spirit of the age, the rights of humanity, and the security of the Republic. In view of the situation, if you should see fit to strengthen the influence of our Representatives in Congress, by the expression of the sentiments which I have no doubt you entertain, it will afford me more than satisfaction to second and approve them. Let us hope that these trials through which the country has passed, and is passing, may, through the Providence of God, serve to plant deeper and spread wider the love and veneration of the people for those cherished institutions of Liberty which have moved triumphantly through two such terrible ordeals, the first for their establishment, and the second for their preservation. GENTLEMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES: Being now committed to the performance of our respective duties, let us carefully remember that the ultimate character of all our official acts will depend upon the actual results they shall produce. The Legislature of Michigan, I feel assured, will never fall into the errors, which ï~~HENRY H. CRAPO 587 we have occasionally seen charged upon some legislative bodies: 1st. In losing sight of the merits of questions as they affect the public good, through the influences created by private and personal interests; and 2d. In the sanction by members-often through merely following the lead of others-of important measures, without giving them a proper personal investigation, under the mistaken idea, that the direct responsibility of the individual Representative to his constituents and the State, can be merged in that of the collective body of legislators. Your wisdom will have already suggested that by acting always upon a thorough knowledge of the facts and circumstances involved in any inquiry, we avoid all danger of crude and hasty legislation. In view of the probable revision of our State Constitution at an early day, I would respectfully suggest the propriety of not engaging in any extended general legislation at the present session. In fact, all laws, in order to operate beneficially and be well understood, should be, as far as may be, permanent. Frequent changes, or changes for trivial causes, should be avoided, if we would enjoy the benefits of a settled system of jurisprudence. Wise counsel would prompt the confinement of legislative action, as much as possible, to the enacting of such laws as are necessary to establish and maintain justice, to advance the position and develop the resources of the State, by fostering the industry, promoting the interests and securing the happiness of her people, and to make her municipal regulations firm and stable. FELLOW CITIZENS-Permit me, in conclusion, to commend to your wisdom and patriotism, under the Constitution, the State of Michigan and all her interests, proffering to you, at the same time, my cordial and active co-operation in every measure tending to promote the welfare and happiness of her people. HENRY H. CRAPO. January 7, 1867 From Jowrnal of the Senate, p. 34 To THE LEGISLATURE: I herewith transmit the official notice of Wm. H. Seward, Secretary of State, announcing the adoption by Congress, of a concurrent resolution, entitled "Joint Resolution proposing an amendment to the Constitution of the United States", received at Department of State June 16, 1866, submitting to the Legislatures of the several States for their ratification, a proposition to amend the constitution of the United States, together with a copy of said resolution. Permit me to call your early attention to this important subject, and ï~~688 MESSAGES OF GOVERNORS OF MICHIGAN to express the hope that the proposed amendment will receive the ratification of the Legislature of Michigan by the unanimous vote thereof. Your decision upon this subject is required by law, to be communicated to the Department of State, at Washington. HENRY H. CRAPO. January 8, 1867 From Journal of the Senate, pp. 51-52 To THE LEGISLATURE: In April, 1865, I received a communication from his Excellency A. W. Bradford, Governor of the State of Maryland, enclosing a copy of an act of the Legislature of that State, making provisions for a cemetery for the soldiers who fell upon the battle-field of Antietam. In said communication this State is invited to unite with Maryland, and other States having soldiers buried there, who fell at the battle of Antietam, and at other points north of the Potomac river9 during the invasion of Lee, in 1862, or died thereafter in consequence of wounds received in said battle, or during said invasion. By subsequent correspondence, and the receipt of sundry statements and reports made by the Trustees of the Cemetery Association, I learn that the number of loyal dead on the field is nearly 8,000; and that up to the time when only 1,706 of these had been identified by name, and regiment, and State, 57 of that number were Michigan soldiers. I also learned that several of the States have responded to the invitation of the State of Maryland, by making their full proportion of the required appropriation for such object. By a communication from Thos. A. Boullt, dated December 8, 1866, I am also advised that the cemetery is far advanced, and that the remains of the dead from this State are now being removed to the lot assigned to them, and that they receive the same care and attention as the dead from those States which have made appropriations for the work; but that the money appropriated by other States is now nearly exhausted. The estimated cost of the whole work, I am advised by A. A. Briggs, Esq., President of the Association, is $85,852.32 of which sum $3,344.88 is stated as the proportion of Michigan. For a proper understanding of this whole subject, I herewith transmit such letters, reports and notices as I have received from the Governor of Maryland, and from the Trustees and other officers of the "Antietam National Cemetery Association", together with a copy of the laws of Maryland on this subject; all of which I respectfully refer to your consideration. ï~~HENRY H. CRAPO 689 I trust your action will be such as. to show that Michigan will cooperate cheerfully and promptly with other States, in this labor of love and duty to the devoted dead who fell in defence of the Union, and aid in making this cemetery a monument of our gratitude to those loyal and patriotic men who lie buried there. HENRY H. CRAPO. January 8, 1867 From Journal of the House of Representatives, p. 76 To THE LEGISLATURE: I herewith transmit a copy of a joint resolution passed by the General Assembly of the State of Vermont, at the October Session, held A. D. 1865, asking an appropriation by Congress to endow Female Colleges in the several States, and inviting and urgently recommending the Legislatures of the several States to co-operate with that State in procuring from the Federal Government a grant of land for the aforesaid purpose. Although the Secretary of the State of Vermont has omitted to sign his certificate, yet I consider the omission an accident, and therefore deem it expedient to refer the whole subject embraced in said resolution, to your consideration. HENRY H. CRAPO. January 16, 1867 From Journal of the Senate, pp. 132-134 To THE LEGISLATURE: By an act of the Legislature approved Feb'y 3d, 1864, the sum of $3,500 of the war fund was appropriated "for the purpose of paying the proportion of this State, of the estimated expense of preparing the ground and furnishing the Soldiers' National Cemetery at Gettysburg, in the State of Pennsylvania, and of making improvements upon that portion thereof which is set apart to this State"; which sum the Governor was authorized to disburse for said purposes. The Governor was also authorized to appoint a commissioner, whenever and for such time as he might deem necessary, to superintend the disbursement of said appropriation, and to take charge of and repre ï~~6900 MESSAGES OF GOVERNORS OF MICHIGAN sent the interest of this State in said cemetery, under his direction and subject to his control. In accordance with this provision, the Hon. T. W. Ferry was appointed, by my predecessor, such commissioner. By an act of the Legislature, approved March 8th, 1865, the further sum of $2,500 of said war fund was appropriated, for the purpose of paying the proportion of the expense of this State in completing and keeping in repair said cemetery. Of the sums thus appropriated, there have been expended and paid as follows, to-wit: By the approval of my predecessor...................... $1,261.82 By my own approval.................................... 3,784.54 Total amount paid directly to the Cemetery Association..... $5,046.36 To this must be added as follows, viz.: Paid expenses of A. X. Cary for attending, as Marshal, the laying of the corner-stone of the monument, July 4, 1865.. 79.90 Paid premium for sundry drafts with which to make the necessary remittances....................................... 15.76 Total expenditure.................................. $5,142.02 Leaving an unexpended balance of the appropriation of.... 857.98 Amount appropriated.................................... $6,000.00 By the very full and elaborate report which has been made to me by the Commissioner, dated December 20th, 1866, and which is herewith transmitted, it will be seen that the original design has been faithfully carried out, and the work efficiently executed. Michigan may indeed feel a just pride in the part she has taken in this great and patriotic national work, designed to commemorate the heroic deeds of the noble men who fell upon the ensanguined field of Gettysburg, where the implacable foe of civil liberty and democratic government, invading the soil of a free State, was hurled back with confusion and defeat; where the first grand and decisive victory of loyalty over treason was achieved, and where the foul spirit of secession and slavery met its first grand and overwhelming defeat. Of the 3,559 bodies which the cemetery contains, 2,580 have been identified, and interred in their respective State lots. The number of Michigan soldiers thus identified stands third in the list, although in proportion to population this State ranks as first in this great sacrifice. The Report of the Commissioner not only gives a full and descriptive statement of the character of the work, and of the manner in which the cemetery grounds and the monument have been constructed, with the ï~~HENRY H. CRAPO 591 cost of the same, but includes also a brief history of this great National Cemetery. The Commissioner recommends "that there be transplanted from the soil of Michigan to the cemetery, a white pine tree, as a living perennial emblem of the State", in which recommendation I concur. I am requested, by a resolution of the Board of Commissioners, to appoint a Commissioner on the Board from this State, the term for which the Hon. T. W. Ferry was appointed having expired on the 1st day of January, 1867, and which appointment I shall deem it expedient to make by.virtue of the existing law. Whether any, and if so, what further legislation may be necessary, I submit to your judgment, but would respectfully recommend that the report of the Commissioner be printed. HENRY H. CRAPO. January 18, 1867 From Journal of the House of Representatives, p. 264 To THE LEGISLATURE: By a communication from the Hon. Jos. S. Wilson, Commissioner of the U. S. General Land Office, dated Department of Interior, January 7, 1867, I am requested to execute a relinquishment from this State to the United States, of all right to the lands embraced in the lonia cash entry No. 17,060, of Charles Blanck, covering the N. E. 1 of S. W. 1/4 and the N. W. 1/4 of S. E. 1/4 Sec. 7, T. 16 N., R. 17 W., which communication is herewith transmitted. The facts upon which this application appear to be based, are as follows: Said Charles Blanck filed his declaratory statement for this land at the Jonia land office, Aug. 18, 1858, alleging settlement two days previously, and under date of July 28, 1859, he appeared at the local office and paid for said land per the foregoing cash entry, having duly proved his settlement upon said tract, and that he had complied with all the requirements of the pre-emption laws. Mr. Blanck's entry was canceled Aug. 26, 1858, by the General Land Office, for conflicting with an approved list in favor of the Flint and Pere Marquette Railroad, under act of June 3, 1856. Under date of April 3d, 1866, Mr. Blanck filed his affidavit in the General Land Office, at Washington, asserting his prior claim to the tract, and stating that he was still residing thereon, and had made valuable improvements upon the same; hence this application. In order to comply with the aforesaid request of the Land Commissioner, some legislative action will be necessary. I respectfully refer the whole subject to your consideration. HENRY H. CRAPO. ï~~592 MESSAGES OF GOVERNORS OF MICHIGAN January 21, 1867 From Journal of the Senate, p. 219 To THE LEGISLATURE: I am requested by W. F. Reynolds, Bvt. Col. and Light House Engineer, in a communication from that officer, dated Detroit, Jan. 16, 1867, to call your attention to the fact that in order to enable the light house board to erect certain light houses within this State, for which appropriations have either been made, or are asked for, it will be necessary that the Legislature pass an act ceding to the United States jurisdiction over certain lands at the following named points, viz.: at Granite Island, West Huron Island, Gull Island, between Point Keweenaw and Manitou Island, Lac LaBelle, Portage Entry and Beaver Bay, all on Lake Superior; at St. Clair Flats, in the River St. Clair, at the mouth of White River, in Muskegon county; and at Trowbridge Point, or Alpena, in Thunder Bay. It is also requested by said officer that the wording of the act be made similar to that for the same object, approved Feb. 14, 1857. I trust this subject will receive due consideration at your hands. HENRY H. CRAPO. February 5, 1867 From Journal of the House of Representatives, pp. 698-702 TO THE PRESIDENT OF THE SENATE: Sir-I herewith respectfully return, through you, to the Senate, without my approval, A bill entitled " an act to legalize certain bonds issued by the townships of Kalamazoo and Portage, in the county of Kalamazoo, to aid in the construction of the Kalamazoo and Schoolcraft Railroad". The novel character of the legislation proposed by this bill, the magnitude of the interests involved by the adoption of such a precedent, and the effects which, I believe, are certain to result from such legislation, require at my hands a thorough and candid consideration of its merits. This consideration I have carefully and conscientiously given to it. It appears that the.townships of Kalamazoo and Portage, at an annual or special meeting held in those townships, voted to issue the bonds of said townships in aid of the construction of the railroad named in the bill, and that said bonds have been issued and sold, and the proceeds applied to the construction of said railroad. That the action of these ï~~HENRY H. CRAPO 593 towns in thus making municipal appropriations and creating municipal indebtedness, is clearly illegal, requires no argument. There was no authority, from any existing law, by which these towns, could thus act; and I do not see how it is possible for any difference of opinion to exist upon the question of the illegality and invalidity of the votes and subsequent action of -these towns, in the issue of said bonds, and the expenditure of the money derived therefrom. Were this not so, there would be no occasion for any legislative act legalizing the same. The plain statement of the case appears to be this: The proceedings had by these towns are null and void, and the bonds or obligations issued by them are utterly worthless, so far as they seek to create any liability in those towns for payment. These proceedings, initiated and carried through without regard to and in violation of law, have, at this moment, no legal force. If this be so-and I think the proposition cannot be controverted-what is the practical effect of this bill? To my mind, it is simply to tax the towns of Kalamazoo and Portage in the sums of $60,000 and $3,000 respectively, to aid in the construction of a railroad. Has the Legislature of Michigan, under the Constitution, the power and authority to do this? I think not. The bill under consideration does not confer authority upon the towns to issue bonds in pursuance of any prescribed mode of municipal action, but declares that certain bonds, now void, shall be obligatory upon said towns, and that said towns shall be taxed for their payment, both principal and interest. It thus becomes, in fact, a case of compulsory taxation, without the legal assent or approval of the voters of said towns. But, besides this, the legalization of the action of municipal corporations, and of State, county and town officials, even when the same may be clearly within the spirit, or not prohibited by the Constitution, is something requiring in its exercise the most extreme caution, as well as the most rigid limitations, and, as a rule of legislative action, should never be adopted. Legislation, I am aware, has been properly employed to legalize taxrolls, &c.; but this has been done to correct clerical errors, to remedy inadvertent and unintentional neglect to comply with technical forms, and to give force to official acts, which might otherwise defeat the just and equal execution of existing laws. But the case under consideration presents no such features. The action of these towns was not inadvertently done, nor from a failure, through ignorance or error, to comply with the forms of law, but was deliberately and knowingly made, without even the color or pretense of law. It is true, also, that the Legislature has, in case of bonds issued for soldiers' bounties, legalized the action of towns where there was no existing statutory provision warranting the original action of those-towns. ï~~594 MESSAGES OF GOVERNORS OF MICHIGAN But that was done under the pressure of "war necessity", at a time of national peril, and to avoid the hardships and evils of a military draft, and for the honor of the State. Such legislation cannot be urged as a precedent for legalizing unauthorized and invalid municipal grants to private railroad corporations. The cases are not parallel; and in my opinion, if the illegal action of towns, such as is shown in this bill, meets with legislative sanction, the binding force of and the reverence due to the laws enacted by the State, will be immeasurably weakened. The inevitable tendency of such practice will lead to a trifling with and a disregard of law, which cannot but be injurious to the best interests of the State; and a precedent will thus become established, which cannot fail hereafter to be used by interested parties, and by unwarrantable combinations, to legalize acts, not only of the most objectionable character, but such, also, as may be opposed to reason, and in violation of all law. No matter how desirable the end may be regarded which is sought to be secured by this legislation, nothing can compensate for the mischief and for the long catalogue of evils which, in my opinion, is sure to result from it in the future. It may be said by the friends of this measure, that it is a special and an, urgent case, and need not, and should not, therefore, be used as a precedent for similar action hereafter. But how is this to be avoided? If we are unable now to enforce the principle of right against an importunity to ado that which is wrong, shall we be any stronger to resist when we are committed to the practice? Arguments will no more be wanting in any similar case hereafter than in this; and can it not, with propriety, be also urged, that inasmuch as this has already been done in one case, there is, at least, an implied pledge that it will be done in all other like cases; and where will be the argument for doing this in one instance, and refusing to do it in another, and a similar one. It is urged in the present case, (as recited in the preamble of the bill), that a majority of the voters of Kalamazoo and Portage have, by their votes, declared in favor of this grant and the issue of these bonds, and that as the majority are thus desirous of making this debt, their voice and will should receive the sanction of the Legislature; that the provisions of the bill are local, and that the parties directly interested therein have, by their votes, deliberately signified their desire to be taxed for the purposes named. Even if this be so, then we should remember that the minority have certain rights as well as the majority, and that these rights should receive that protection at our hands which the Constitution and laws guarantee to them. All the tax-payers, upon whom the burden of this heavy taxation must fall, have a right to require that all the forms of law should be faithfully complied with. But, have the majority thus expressed a willingness to be taxed to aid this corporation in the construction of a railroad? It is fair to presume ï~~HENRY H. CRAPO that many of the electors, conscious of the illegality of the proposed action, believing that the votes adopted could have no binding force, or fearful lest their participation in the same might prejudice their rights, purposely abstained from voting. If so, then, instead of carrying out the wishes of the majority, we may, by the passage of this bill, be placing unwarrantable power in the hands of an interested minority. Again, it is urged in the preamble that these bonds have been issued and sold to bona fide purchasers. This consideration should not have controlling weight in the determination of this question. Our conclusion should be uninfluenced by the personal interests of the bond-holders. The failure to legalize these bonds may occasion loss to capitalists who have invested in them; yet, it must be remembered that the persons who thus purchased did so with knowledge, actual and implied, of the very invalidity and worthlessness of the bonds, in consequence of having been issued without authority of law. There was no deception or misapprehension about the character of these bonds; and the class of persons investing in such securities had undoubtedly the ability and disposition thoroughly to investigate their merits, and calculate the chances of their ultimate payment. But, however this may be, I cannot see that we have any right to discriminate in favor of those who have seen fit to invest in said bonds, by legalizing proceedings now null and void, through the instrumentality of an act of questionable constitutionality, and without the assent, legally obtained, of the people to be burdened by the proposed taxation. Aside from this particular case, the practice of sanctioning or legalizing, by legislative enactments, illegal and invalid acts, excepting in the class of cases to which I have alluded, is not only very objectionable as a precedent, inasmuch as it would be very likely to lead to serious abuses; but such laws must necessarily operate in the nature of ex post facto legislation, which is expressly prohibited by the Constitution. I therefore respectfully ask of the Legislature a reconsideration of the bill which has been submitted to me, and which I return without my official approval, with the hope that a policy so unwise and dangerous, as I am forced to regard this, will not be adopted. HENRY H. CRAPO. February 18, 1867 From Journal of the House of Representatives, pp. 1024-1025 TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES: SIR-In answer to a resolution of the House of Representatives, adopted Feb. 9, 1867, requesting the Agricultural Land Grant Board to ï~~596 MESSAGES OF GOVERNORS OF MICHIGAN communicate certain information to the House in relation to the Agricultural College land grant, permit me to state: That, inasmuch as said Board has not yet organized for the current term, and fearing a longer delay in furnishing the required information, may embarrass the action of the House, I have deemed it advisable, as one of said Board, to submit the following on their behalf: The quantity of lands selected to the present time, under this grant, is 223,281.02 acres, exclusive of some 22,000 acres which were rejected at the U. S. Land Office, from the first list furnished by us. This quantity may be still further reduced by rejection from subsequent lists sent to the Land Office. It is not therefore possible to state the exact amount now standing to our credit. I think, however, it may be fairly estimated at 220,000 acres, and perhaps more, leaving 20,000 acres, or less, yet to be selected. It was the purpose of the former Boards, and I presume this will be the policy of the present Board, to complete the selections as soon as practicable-say within the next six months. The lands already taken are believed to be well selected. They are situated in the following counties, (a large proportion, however, being in the Grand Traverse region), viz: Alcona, Alpena, Antrim, Bay, Benzie, Cheboygan, Clare, Emmett, Grand Traverse, Isabella, losco, Kalkaska, Leelanaw, Manistee, Montmorency, Mason, Missaukee, Newaygo, Oceana, Osceola, Otsego, Oscoda, Presque Isle, and Wexford. No action has yet been taken by the Board, for the sale of these lands; nor can this be done until the patents shall have been received from the General Government; and we are advised by the Land Commissioner at Washington, that no patents will issue until the whole quantity is selected. The minimum price of these lands has been fixed at $2.50 per acre by an act of this State, approved March 18, 1863. It is not therefore probable that the lands can be made immediately available for the support of the College. All of which is respectfully submitted. HENRY H. CRAPO. February 19, 1867 From Journal of the Senate, pp. 677-678 To THE LEGISLATURE: I herewith transmit for your consideration, a communication just received from, the Hon. J. Wilson, Commissioner of the General Land Onree, at Washington, dated Feb. 12, 1867, asking that the State of Michigan release to the United States, all claim to lot No. 2, Sec. 21, ï~~HENRY H. CRAPO 597 town 38 north, range 23 west, inadvertently patented to this State as swamp land. From the facts stated in said communication, it would appear that the conveyance of said land to this State was an error. I would therefore suggest that such legislation be had thereon, as you may deem expedient and proper to correct said error. HENRY H. CRAPO. February 25, 1867 From Journal of the Senate, pp. 774-790 TO THE PRESIDENT OF THE SENATE: I respectfully return for your re-consideration, A bill entitled "an act to amend act No. 266, of the session laws of the year 1865, being an act to authorize any of the townships and cities of the counties of St. Clair, Lapeer, Genesee and Shiawassee, to pledge their credit in aid of the construction of a railroad from Port Huron to some point on the line of the Detroit and Milwaukee railroad, in Shiawassee county." The changes sought by this amendment areFirst. An increase of aid from five per cent to ten per cent, from the cities and towns through which the proposed road passes; Second. A provision that the aid may be by donation as well as by loan; 1? Third. An addition to the original act by extending authority to all the cities and townships in the counties named, whether traversed by said road or not, to render aid to the extent of ten per cent; Fourth. An exception in reference to the delivery of the bonds in the case of the city of Flint; and, Fifth. The legalization of bonds already voted by said city, without the sanction of law. This bill is the first submitted to me of a very numerous class, which has occupied your attention during the present session. I have watched with anxious solicitude, the current of this socalled "railroad legislation;" and, while the bill now directly under consideration, differs in some of its details from the others, which have passed one or both branches of the Legislature, and may, in some respects, be less, and in other respects, more objectionable, than the mass of proposed legislation upon this subject, yet I have thought it wise, in presenting my objections to this bill, to state them fully, and in such manner, as will express the views entertained by me, and which influence my official action, not only with reference to this, but bills of a similar character. ï~~598 MESSAGES OF GOVERNORS OF MICHIGAN Before doing so, however, permit me to allude briefly to two provisions peculiar to the bill now returned. It is provided that all of the cities and towns, in the counties named, may aid in the construction of the proposed road. In this case, by the vote of some of these towns, residents and owners of property situated more than twenty miles from the line of the road, will be compelled to aid in its construction to the extent of one-tenth of the value of said property, while in consequence of the remoteness of the road, little or no benefit can accrue to them. However plausible the advantages to be secured by the towns and cities through which the road passes, it can hardly be claimed that such property-holders, compelled by a majority vote to submit to this taxation, perchance against their convictions of right, will receive benefits commensurate with the burdens imposed. Also, it is provided, that "bonds, heretofore voted by the city of Flint, may be delivered in aid of said railroad." I am advised, that bonds to the amount of ten per cent have been voted for this purpose. The act of 1865 granted authority to vote to the extent of five per cent only. The excess of bonds, over the five per cent authorized by the original act, have no legal validity. To legalize these bonds by giving them the sanction of legislative assent, is one of the purposes sought by the bill. In my opinion, this is not within the powers of the Legislature. So well known.are my views upon this subject, that a repetition of them is unnecessary. I can only add, that the conclusions stated in my communication of February 5th, 1867, to your honorable body, are still entertained by me; and subsequent reflection, in the light of the discussion which that communication has called forth, has confirmed me in the correctness of the position there taken, In addition to these objections, which are, perhaps, peculiar to this bill, there are others of a more general character, which apply to this and the whole class of railroad bills. Before entering at length upon the discussion of these objections, and the statement of my reasons in thus withholding my signature, per mit me to say, that the subject has received, at my hands, the most careful consideration, and the most painstaking and thorough investigation, of which I am capable. Appreciating the magnitude and number of the interests affected by this and similar bills, and the vast influence for good or evil, which this particular class of legislation must necessarily exert, I realize painfully the responsibility resting upon me. Although the provision of the Constitution, which confers the right 'of veto upon the Executive, is not limited to any class of objections, yet the power is one, in my judgment, which should be exercised infrequently, and never from mere differences of opinion upon the ordinary legislation of the State. But, upon a policy of legislation, which is al ï~~HENRY H. CRAPO 699 ready assuming such vast proportions, and is liable to an unlimited extension in the future, more than ordinary carefulness is demanded, both from the Legislature and the Executive. It is from this sense of responsibility, and not from a desire to array my judgment in opposition to the majority, or to defeat the will of the Legislature, that I withhold my signature from this bill. The object sought by this and similar bills, is, in itself, most laudable. Intimately connected with the prosperity and growth of the State, are increased facilities for intercourse, and these can be secured in no way so efficiently as by railroads. They are the cause and consequence of increased population and wealth. No citizen of the state feels a deeper interest in these works of internal improvement, than I do, or would go further.in any proper and legitimate mode to aid in carrying them forward. Both my official acts and my efforts in private life, have shown my sympathy with, and my active, earnest cooperation in, whatever would produce these results. The objections, which I make to this and similiar bills, are not prompted by any wish to defeat or delay the construction of the roads contemplated; for, besides the personal advantage which I should derive from the construction of the road named in this bill, I am firmly convinced that the prosperity of the State would be greatly promoted by the general and speedy opening up of our territory, by means of railroad communication. But, while thus anxious to secure these benefits, if the means proposed for their accomplishment are unwise, pernicious and fruitless; if, candidly considered, they promise no realization of the end sought, but indicate disaster to the people, then it becomes my duty to prevent, as far as possible, these evils. My objections to this bill, in addition to those already stated, areFirst. Because it is in conflict with the spirit and implication of the Constitution. Although not prohibited by the express letter of that instrument, yet, in my opinion, this bill, and the legislation sought by it, is in violation of its purpose and meaning when fairly interpreted. The framers of that instrument evidently intended to guard, with a jealous care, the people of the State, in their corporate capacity, from the expenditure of money in aid of works of internal improvement, prosecuted by individuals or corporations. The Constitution declares, that "The credit of the State shall not be granted to or in aid of any person, association or corporation." [Art. 14, Sec. 6.] Also, that "The State shall not subscribe to or be interested in the stock of any company, association, or corporation." [Art. 14, Sec. 8.] And further, that "The State shall not be a party to or interested in any work of internal improvement, nor engaged in carrying on any such work, except in the expenditure of grants to the State, of land or other. property." [Art. 14, Sec. 9.] ï~~600. MESSAGES OF GOVERNORS OF MICHIGAN These provisions of the Constitution, it is true, apply to the State; but the principles lying at their foundation, and the reasons which prompted them, will apply, by a fair analogy, to municipal corporations. I do not believe that a principle, considered by the framers of the Constitution so essential for the protection of the State, should be regarded as of no consequence in its application to towns and counties. Even if not in violation of the expressed language of that instrument, it is not unreasonable to say that it is in conflict with the policy of the State, so far as that policy can be gathered, by a fair interpretation for municipal corporations to aid in works of internal improvement, conducted and owned by private associations. I do not discuss the wisdom of the policy adopted into the Constitution. This consideration belongs more properly to the convention which will be charged with its revision; whether, or not the time has arrived in our history, to modify this policy, is not for me to determine; but, until some change is made in our organic law, I must conclude that the policy of the State is opposed to the legislation soughtJor in.this and similar bills. The power of the Legislature to authorize the issuing of town and county bonds to aid private corporations, by the vote of a majority of those whose property will become liable to seizure, in satisfaction of the debts thereby contracted, presents a very grave question. In view of the magnitude of the interests to be affected by its solution, nothing should be assumed in favor of such power; nor, should we make such assumption simply under the plea of public good,--a plea very often used, when private interest seeks its gratification at the public expense. The constitution has provided, that the "Legislature may confer upon organized townships, incorporated cities and villages, and upon the Board of Supervisors of the several counties such powers of a local, legislative and administrative character, as they may deem proper." [Art. 4, Sec. 38.] However broad the authority here given, it will hardly be claimed, that it was intended to confer upon towns the right to engage in' business, or grant donations to individuals or private corporations, for carrying on enterprises, even of a public character. Less this provision of the constitution might be too liberally or loosely constructed, it was further provided, [Art. 15, Sec. 13,] that "the Legislature shall provide for the incorporation and organization of cities and villages, and shall restrict their powers of taxation, borrowing money, contracting debts and loaning their credit." The import and spirit of this provision, which makes it obligatory on the Legislature "to restrict their powers" is directly opposed to and in conflict with the broad grant "of taxation, borrowing money, contracting debts, and loaning credit," asked for by this bill. The character of this restriction, which is thus obligatory upon the Legislature, may be clearly gathered from the stringent constitutional ï~~HENRY H. CRAPO 601 provisions already cited, prohibiting the loan of the State's credit to corporations, and prohibiting it from engaging in works of public improvement. And, if it be so unwise a thing, on the part of the State at large, thus to engage in, or aid uncertain enterprises of this character, it must be vastly more unwise and perilous, for the feebler townships and cities, thus to involve themselves, and expose to serious hazards, their more limited credits. I have refrained from the citations of judicial decisions bearing upon this question of constitutional authority. The courts of other States, so far as analagous cases have been submitted to them, have differed in opinion. While in one State the judiciary has pronounced such aid legally valid and binding, that of another State, with equal earnestness and greater unanimity, has declared the acts of the Legislatures, enabling towns and counties to aid in the construction of railroads, to be unconstitutional, and the bonds issued by those enabling acts, to be invalid and worthless. Without presuming to discuss critically these various judicial decisions, none of which perhaps were based upon constitutional and statutory provisions precisely like ours, all will agree with me, I think, that the legislation proposed in this bill is, at least, of doubtful constitutionality. Second. Because, in my opinion, the permanent welfare of the State will be seriously injured, by the passage of this and similar bills. In securing the benefits, which I freely admit, are to accrue to us from these roads, and important as they are to our growth and prosperity, their construction should not be attended with evils greater than the advantages they will furnish. If by a rash and unconsidered legislation, in the accumulation of municipal indebtedness and enormous taxation, we destroy the value of property, and retard the settlement of our territory, then, instead of increased growth and added resources, we become, by this very process, poor in population and in wealth. The policy, now attempted to be established, of permitting villages and sparcely settled townships, to incur the heavy indebtedness, which the enterprise and zeal of their citizens are willing to vote, in order to secure the construction of railroads to their particular localities, is fraught with disaster in the future. Its tendency will be to cripple our industrial interests, to repel capital which is tending here in consequence of our vast natural advantages and unequaled position, to discourage manufactures and agriculture, and deter the flow of immigration. These results naturally follow in any State or community over-burdened by taxation. At a time when other States are endeavoring to extricate themselves from the extraordinary taxation, which the war has made necessay, and are deferring public improvements, until the outlay can be more easily assumed, and their cost materially lessened by the reduction of prices, the people of Michigan, by municipal action, are. competing with each other, in the ï~~602 MESSAGES OF GOVERNORS OF MICHIGAN creation of vast amounts of indebtedness. To my mind, such action. will depreciate our credit, and exhaust our means, at the very outset. In some localities the different railroad projects, centering at those points, if equally treated, and aid granted as asked for, will create a bonded indebtedness of forty per cent. upon their whole taxable property. I cannot understand how any community can flourish or prosper, with such an enormous indebtedness resting, as a mortgage, upon all the property, real and personal, now embraced, and which may hereafter, until payment, be embraced, within those municipalities. If the principal and interest of this indebtedness is to be met in good faith, and such is the presumption, then these communities are to be subject to a rate of taxation, such as few people can meet without serious embarrassment. The instances of such large per-centages of loans may be exceptional, but, in the short space of four years, we find the limited sum of five per cent., granted by the Legislature and then considered ample, and guarded with many precautionary restrictions, more than quadrupled in amount, and divested of their most important restrictions. And, it is apparent, from the earnestness with which interested parties, from almost every section of the State, are now clamoring for such legislation, as will aid them to carry forward their respective private railroad enterprises, as well as from the constantly increasing amount of such aid, which is demanded, that the principle, once fairly established, cannot be restrained within reasonable limits. In the beginning, it was urged, that such could never become the settled policy of the State, because the right thus to grant aid, would be limited to a very few of the more important routes, that no town or city would go beyond five per cent. of its assessed value in the aggregate of such aid, and that even this should be paid over oply upon the completion and running of the proposed roads, thereby affording a guaranty that the work should be accomplished, and no further aid required from the towns; that the funds should not be wasted, by providing that the bonds should not be sold at less than par, and their rate of interest limited to seven per cent. But, having once admitted the principle, by sanctioning the practice, that the majorities in townships, cities and counties, shall have this right to aid railroads or other corporations, in the prosecution of private enterprises, by what rule can the Legislature discriminate in regard to the exercise of this right? If it be conceded, that the majority of the voters in the township of A, have a right to raise money by taxation, to aid private corporations, in case they choose to exercise such right, by what principle of Legislation can that right be denied to the majority of the voters in any other township in the State, provided they also should see fit to exercise it? And, if such majority in any township has a right to say that they will furnish this aid to the amount of five per cent., why should not such majority have the right to settle for them ï~~HENRY H. CRAPO 603 selves the whole question, and decide what amount of aid they will grant? Admitting this view of the subject to be a correct one, it becomes apparent, that the Legislature will have no authority, in principle, to restrict or curtail the right, which they themselves have sanctioned; and the practical result therefore, in the end, will be, that this kind of aid will be voted all over the State, and to an unlimited amount, for the aspirations of one locality for a railroad will be just as great as that of any other, and the desire of one locality to secure a railroad, through the aid of taxation, will be no less than that of any other locality; and thus, in the end, as the result of the local rivalry and competition thereby engendered, the State will be filled with railroad schemes, based upon taxation, and will be completely covered over with township, city and county bonds. To swell the amount of such bonds, new arguments will not be wanting hereafter, as circumstances change. It is now said, that if these railroad companies can have sufficient aid from taxation, to construct their respective road beds, and prepare them for the reception of the iron, they can then go upon the market with their own bonds, and receive at once, the necessary amount of funds to procure and lay the iron rail, as well as all the necessary rolling stock, depot buildings, &c., &c. But a failure in this particular, after the amounts raised by taxation shall have been expended, would but furnish an argument for additional taxation to complete the roads, that the amounts already expended should not thereby be lost; and thus, in a short time, the whole burden of the roads would fall upon the tax-payers of the State. I am aware it may be said, that I have already approved bills of a previous Legislature, containing similar provisions to this now returned by me without such approval. But this fact, of itself alone, can be no reason why I should continue to approve all such bills. It is true that I did sanction, during the session of the Legislature in 1865, several bills authorizing the issuing of bonds by municipal corporations, to aid in the construction of railroads, but I am now free to confess, that in so doing, I was governed more by a deference to the practice of my predecessor, and the views of the then Legislature, than by my own judgment. If I erred at that time, it was because I distrusted my own convictions too much to act in direct opposition to the opinions entertained by the majority of the Legislature; but my private sentiments were then, as they ever since have been, well known as being opposed to such legislation. And more than this, it was then supposed that this kind of legislation would only be asked for to a very limited extent, and to aid a very few of the more important roads, and that, therefore, it could never be used as a dangerous precedent. The present aspect, however, of this whole question, shows but too plainly the fallacy of any such expectation. It shows, too, the folly of supposing that an evil or questionable course of action, can be more easily checked, after ï~~604 MESSAGES OF GOVERNORS OF MICHIGAN it has once become established, than at the time of its inception; or, that a measure can be confined within certain limits, which carries, within itself, -the elements of its own expansion and unlimited growth. The principle then initiated, of granting authority to towns, to aid by their credit, these enterprises, to the extent of five per cent., has and may encourage interested parties to ask aid to the extent of ten, twenty, or forty per cent. In theory, they may be entitled to it; yet, until it is more clearly established, that public and private indebtedness is a blessing, and that the main object of legislation is to devise ways of creating public indebtedness, I cannot, as a practical business proposition, give it my assent. The increasing demands for this legislation, both in the number of the applications, and in the amounts asked for,-and which are to be still further increased in the future, in consequence of the competition of rival routes, and the strife between different localities in securing those routes, should excite apprehension and alarm. A tax of ten or twenty per cent upon the farms or merchandise of any particular town, may seem trifling in itself, but the aggregate is enormous. Let us look at some of the facts-real or probable-which must inevitably operate to decide, sooner or later, the character of this kind of legislation, without reference to the wishes or anticipations of those directly interested parties, who are now so confident of success. The aggregate length of the railroads already proposed to be constructed, which rely for their completion upon aid from taxes, and other donations, is not less, as appears by a careful estimate, than two thousand miles. The amount of actual capital necessary, at the present time, to construct and thoroughly complete a'nd efficiently equip, for doing business, this extent of railroad, cannot be less in my opinion, than $60,000,000. I am aware, that plausible statements can be manufactured, by sanguine and hopeful men, to show that a much less sum than this will,be sufficient; but these statements, merely as such, will have but little effect in changing or controlling the facts. And it is fairly to be presumed, that, if this policy of aiding railroads by taxation be pursued, this extent of proposed railroad lines, large as it is, will be greatly increased, for every township, village and city, in the entire State, will claim its own particular road, while many will be ambitious of being the centre of several routes. From what source, let me ask, is this $60,000,000 in cash to be derived? It is estimated and claimed, I think, that if about one-third of the cost could be obtained by taxation, the balance can be procured of capitalists, either in stock or upon the mortgage of the roads. It will then become necessary for the people of the State to create an indebtedness of, say, $20,000,000 by issuing township, city and county ï~~HENRY H. CRAPO 605 bonds, and for which, in point of fact, every industrial interest of those sections of the State will be mortgaged to that amount. But can these town, city and county bonds, to the extent of their probable issue, be sold for cash, either at home or abroad? I think they can hardly find purchasers at any price, outside of the State. And, can it be supposed that any.considerable portion of this enormous sum can be found in this State, in the form of surplus capital, that would be withdrawn from the ordinary and legitimate business of the community, and invested in such securities? Certainly not, unless the bonds could be purchased at a very small per centage on their par value; and this would be determined by the same laws that control the market value of all property. If the actual surplus capital in the State, seeking investment in such securities, is small, compared with the amount of such bonds pressing upon the market for sale, the value of such bonds must necessarily be reduced, by the competition to which they will thus be inevitably subjected; and the aid, which will in the end be afforded these railroad enterprises, will be very small indeed, compared with the amount of municipal indebtedness, thus created. And, as the bonds continue to be depreciated in value, additional taxation will be called for and urged to make up the deficit, thereby to prevent the total loss of what has already been appropriated, until in the end, the very magnitude of the indebtedness will compel, if it does not seek to justify a repudiation of the whole debt. These views may seem extravagant and absurd to some; yet there are facts which cannot be denied, and whose inferences cannot be avoided. There are, at this present time, scores of towns, cities, and counties in the neighboring States, which have refused or neglected to pay, not the principal alone, but the interest of the bonds issued in aid of local railroad schemes. Notwithstanding the decisions of courts, where such decisions have recognized the validity of the bonds, still, to-day, there can be bought millions of dollars of such county, city and township bonds, at the rate of a few cents upon the dollar. Whatever in theory may be the legal rights of the bondholders, and the legal liabilities of the municipal corporations, is of little consequence; the result is Repudiation. And, can we reasonably expect, that the experience of Michigan, adopting the same policy, will differ materially from that of Wisconsin, Iowa, Illinois, Missouri and Canada? The credit of Michigan to-day is second to that of no State in the Union; and upon this fact, in connection with the great advantages which we hold out to immigration of all classes, we have a right to expect large accessions of wealth and population from abroad, which we so much need. Let us then pause before we, by crude, hasty or interested legislation lay the foundation for an evil of such magnitude, as will seek a remedy by a general system of repudiation; and which can ï~~606 MESSAGES OF GOVERNORS OF MICHIGAN only result in a practical prohibition against the accessions of capital and population from abroad, for many years to come. The uncertainty attending the payment of these bonds at maturity, it is fair to presume, will affect very seriously their market value. This uncertainty of payment and the enormous amounts seeking a sale, far beyond the requirements of purchasers, and the competition to which they will be exposed by the eagerness and zeal of different communities, will render their disposal difficult, except at ruinous rates; or, if unable to realize a fair cash rate for them, they may meet the fate of most railroad bonds, in their appropriation by contractors at a nominal par, but actual depreciated value. Under such circumstances, can we reasonably suppose that the aid thus granted by the towns, will result in the advantages anticipated? Before inaugurating a system so fraught, as I believe, with evil to the best interests of this now flourishing and prosperous commonwealth, it would be well to consider its probable effect upon the great agricultural interests of the State, which, after all, are at the very foundation of our growth and prosperity. Suppose, for instance, any particular towns, cities or counties, should vote from time to time an aggregate tax of fifty per cent., which can very easily be done under the exciting competition 6f rival routes, and especially so, as the bare majority necessary to vote the same, may have to pay only a very small portion of the sum, is it probable, in the ordinary course of events, that such towns and counties could ever pay such indebtedness? If one man, of industrious habits and good character, in a thriving community, should mortgage his farm for one-half its value, there would be some hope that he might ultimately cancel the debt, because, upon an emergency, he might expect to borrow of his neighbors, without being obliged to submit to an extortionate discount for the money; but if every man was thus involved, with mortgages to that amount upon every cent of his property, personal and real, which is the effect of the legislation sanctioned by. this bill, the task would be difficult, and in many cases hopeless. The crippled and embarrassed condition of the citizens of such towns and counties, in consequence of such enormous indebtedness, would so paralyze and discourage all, that the effort would hardly be made to extricate themselves from it. The burdens, thus entailed, would fall especially heavy upon the farmers, as a class. Their constant and pressing necessities for money to pay the principal and interest of such a debt, cut off, as they will be, from all the ordinary resources of borrowing money of their neighbors, will compel them to sell their wool, long before taken from their flocks, at such prices as those having the money are disposed to pay them; and so of their wheat and other farm products. And again, whilst the tradesmen, the mechanics and the capitalists can readily evade their share of the payment of these debts, by removing to ï~~HENRY H. CRAPO 607. some other location, the farmer must remain to sustain the whole burden. In fact, this legislation, in its effect, will strike a severe blow at the present freehold system, by first depreciating the value of the freehold, and then by loading it with debts equal to such reduced value. In considering the ability of these communities to meet this taxation, it must be remembered that all this in addition to their ordinary tax burdens, which in a new country are constantly increasing with the demands for enlarged school buildings, improved roads and the various expenditures which the progress of the people justly require. There may be those sanguine enough to believe, that this large taxation will prove no obstacle to our prosperity-that it can be easily and readily met, and that no more inconvenience will be experienced in its payment than attended the payment of the vast sums expended by our citizens during the war. I realize, and am proud of the fact, that the people cheerfully, and with little apparent discomfort, met the tax requirements of the war. But the case was exceptional. The ability and willingness of the people was satisfactorily tested; but, only under similar circumstances, should the experiment be renewed. And again, let us not forget, that our taxes, so large during the war, were paid with the proceeds of our products, at prices much above what prudence can estimate their value in the future. It matters much to the farmer, whether he is paying his tax with wool at one hundred cents, or thirty cents, a' pound; and so with the merchant and mechanic. In addition to what I have already said, as to the danger and peril which is likely to accrue to the people of this State, from this kind of legislation, I might perhaps be justified in appealing to the experience of those communities, which have been induced to embark in enterprises similar to those which will be sanctioned by this bill, in case it becomes a law, and by all similar bills; and, in the light of such experience, to show the certain failure and ruin resulting from such hazardous schemes. But this perhaps is unnecessary. I need only remind you, that the instances are rare, in which municipal embarrassment, discredit and disgrace have not been the result. In returning, without my signature, this bill, which has been passed by so large a majority of both branches, permit me to express my confidence, that your action upon it has been based upon a sincere desire for the public good, and, that its further consideration, will meet with that candid and thoughtful action, which its magnitude demands. If the views here presented shall fail to satisfy you, of the correctness of my objections, they will not of course then influence you in your final action upon the bill; and I shall, in no way, as I can see, have exceeded my constitutional rights, by thus frankly and candidly declining to approve the bill, and of giving you my reasons therefor. We shall have discharged our several duties in accordance with our respective views ï~~608 MESSAGES OF GOVERNORS OF MICHIGAN of what is right; and, our respective acts will be left to stand or fall, in the future, by that more enlightened judgment, which will be the result of actual experience. If, upon its re-consideration, the Legislature, in its discretion, shall pass this bill; then it will have had the assent of two-thirds of the members of each House, and thereby have received no more than the number of votes which the constitution declares "shall be requisite to every bill appropriating the public money or.property for local or private purposes." In a case of such doubtful constitutional authority, and of such questionable expediency, the bill, if it becomes a law, should receive the sanction of this two-thirds vote; and then the people, who in the future, are to be so deeply affected by the enactment, and upon whom the burden of the payment will fall, will have the assurance, that this system of municipal aid to private corporations, will be fully and deliberately considered at the time of its adoption. My views on this subject may not be popular, at the present time, but firmly convinced, as I am, that they are correct, I can not yield my convictions of right and duty upon any plea of expediency; nor, can I become a party, in the discharge of a high public trust, in doing what I must regard as being wrong, that a supposed or imaginary good may result from it. That I am thus compelled to differ from the views entertained on this subject by a majority of my fellow-citizens, who compose the Legislature of this State, I most deeply regret; but-in the language of an eminent jurist, in speaking of the calamities attending this system of railroad aid-when credit shall be exhausted and the day of payment shall come; when the present railroad excitement shall have passed away; when the exhilaration of profuse expenditures shall be succeeded by the grinding exactions of the tax-gatherer; when the rich shall be impoverished, and the poor shall become poorer; when all classes shall be involved in millions of debt, beyond the means of payment; when individual enterprise and industry shall cease with the destruction of individual rights; and, when the freemen of this State shall become the bondmen of corporations, I shall then, if surviving, have the melancholy satisfaction of knowing, that I have endeavored, to the extent of my limited abilities, to avert these calamities from my fellow-citizens, and to maintain the rights of property, according to my understanding and convictions of duty. HENRY H. CRAPO. ï~~HENRY H. CRAPO 609 March 21, 1867 From Journal of the Senate, pp. 1502-1507 TO THE PRESIDENT OF THE SENATE: I respectfully return to the Senate, without my signature, the following bills: First. An act supplementary to an act entitled an act to authorize the counties of Jackson and Eaton, and the cities and townships of such counties, and of Barry and Kent, the townships of Onondaga and Leslie, in Ingham county, and Leighton and Wayland, in Allegan county, to pledge their credit in aid of the construction of a railroad from Jackson to Grand Rapids, approved February 5th, 1864, as amended by an act approved March 16th, 1865; Second. An act supplementary to an act entitled an act to authorize any of the cities and townships in the counties of Ingham, Eaton and Calhoun, to pledge their credit to aid in the construction of a railroad from Lansing to Battle Creek, approved March 21, 1865; Third. An act to authorize the townships, cities and villages in the counties of Hillsdale, Calhoun, Barry, Eaton, lonia and Kent, to pledge their credit to aid in the construction of a'railroad from Jonesville, by the way of Marshall, and the village of Olivet, to Grand Rapids, or some other point on the Detroit and Milwaukee Railway, in the counties of Ionia or Kent, or to any intermediate point; Fourth. An act to authorize the construction of a railroad from the city of Battle Creek, in the county of Calhoun, to some point on or near the Kalamazoo river, in the township of Saugatuck, in the county of Allegan, or to the village of Holland, in the county of Ottawa, or both of said places; Fifth. An act to authorize the several townships and villages in the counties of VanBuren and Allegan, to pledge their credit in the construction of a railroad from Lawton, in the county of Van Buren, via Paw Paw, to South Haven; Sixth. An act to authorize any of the townships, villages or cities in the counties of Bay, Tuscola, Huron, Sanilac, Lapeer and St. Clair, to pledge their credit to aid in the construction of a railroad from Bay City, in the county of Bay, to Port Huron, in the county of St. Clair, or to some point in the county of Lapeer; Seventh. An act to enable any of the townships in the counties of Allegan and Barry, to aid in the construction of a railroad, from some point at or near the mouth of the Kalamazoo river, to some point on the Grand River Valley Railroad, any company organized or to be organized for the construction thereof; Eighth. An act to authorize the several townships and cities in the ï~~610 MESSAGES OF GOVERNORS OF MICHIGAN counties of Berrien, Van Burefi and Kalamazoo, to loan money, pledge their credit, or raise money by tax, to aid in the construction of a rail" road from a point accessible by steamboats, at or near St. Joseph harbor, in Berrien County, to the village of Paw Paw, in Van Buren county, and thence to some point on the Michigan Central Railroad, at or near the village of Lawton; Ninth. An act to authorize the several townships in the counties of Livingston and Ingham, to pledge their credit, and the county of Ingham to raise by tax or borrow money, to aid in the construction of a railroad from the village of Howell, in Livingston county, to the city of Lansing, in Ingham county; Tenth. An act amendatory and supplementary to act No. 49, of the session laws of 1864, entitled an act to authorize the several townships in the counties of Livingston, Oakland, Washtenaw and Wayne, to pledge their credit, and the county of Livingston to raise by tax or borrow money, to aid in the construction of a railroad from some point near the city of Detroit, to Howell, in the county of Livingston; Eleventh. An act to amend sections 1, 2, 3, and 4, of an act to authorize either or all of the several townships, cities and villages, of the counties of Macomb, Oakland, Livingston, Ingham, Eaton, Barry, Allegan, Van Buren and Berrien, to, loan money and pledge their credit, or raise money by tax, to aid in the construction of a railroad from Ridgeway, in the county of Macomb, on the Grand Trunk railway, by the way of the city of Lansing, to the village of St. Joseph, and from thence to the Indiana State line, approved March 15, 1865, and to add thereto three new sections, to stand as sections 4, 6 and 7; Twelfth. An act to authorize any of the townships of the several counties of Bay, losco, Alcona, Alpena, Presque Isle, Cheboygan and Mackinack, to pledge their credit to aid in the construction of a railroad from Bay City, in the county of Bay, to the straits of Mackinack, in the county of Cheboygan, by way of Au Sable river and Alpena; Thirteenth. An act to enable the city of Battle Creek, in Calhoun county, and any of the townships in Calhoun, Kalamazoo, St. Joseph and Cass counties, to aid in the construction of a railroad from the city of Battle Creek to some point on the State line of Indiana, in the county of Cass, by donation or pledge of credit; Fourteenth. An act to amend an act entitled an act to authorize the several townships in the counties of Ingham, Clinton, Eaton and lonia, to pledge their credit, to raise by tax or borrow money, to aid in the construction of a railroad from the village of Jonia, in lonia county to the city of Lansing, in Ingham county, approved March 21, 1865; Fifteenth. An act to authorize any of the townships or municipalities of the counties of Bay, Tuscola, Saginaw, Genesee, Oakland, Livingston, Washtenaw, Lenawee and Monroe, to pledge their credit to aid in the ï~~HENRY H. CRAPO 611 construction of a railroad from some point in Bay, Saginaw or Genesee county southward to the city of Toledo, in the State of Ohio; Sixteenth. An act to enable the several townships in the counties of lonia, Montcalm and Kent, to pledge their credit to aid in the construction of a railroad from Jonia, in the county of Ionia, to the village of Greenville, in the county of Montcalm; Seventeenth. An act to authorize any of the several townships and cities upon, contiguous to or coterminous with the proposed line of railroad, from the city of Detroit, to run north-westerly by way of the village of Fenton and the Saginaw valley, to some point on the northwestern boundary of the State, to aid in its construction; Eighteenth. An act to authorize the several townships and cities of St. Clair, Macomb, Oakland, Livingston, Washtenaw, Ingham, Jackson, Calhoun, Branch, St. Joseph, Cass and Berrien counties, to pledge their credit in the construction of a railroad from some point on or near the St. Clair river, to the Indiana State line, on the route deemed most eligible, to Chicago, in the State of Illinois; Nineteenth. An act to authorize the townships in the counties of Kalamazoo, Van Buren, Allegan, Kent and Ottawa, to aid in extending the Kalamazoo and Schoolcraft railroad from Kalamazoo to Allegan, and to some point at or near the mouth of the Kalamazoo river, or to the village of Holland, or to some point on Grand river; Twentieth. An act to authorize townships and cities in the counties of Jackson and Hillsdale, to pledge their credit to aid in the construction of a railroad from the city of Jackson, to some point on the Ohio and Indiana State line. My objections to each of these bills are the same as those which were fully stated in my communications to your honorable body of the 5th and 25th of February last, which accompanied the bills then returned without my approval, and to which I would now most respectfully refer you. And, although a portion of the bills now returned may, in some of their specific provisions, vary in a few important particulars, yet they are all of the same general character, and are regarded by me as subject to the same objections; which are, briefly,That the legislation which they contemplate is not only wrong in principle, but, if not clearly and positively contrary to the letter of our Constitution, is, nevertheless, in conflict with the spirit and manifest intent of that instrument; that its tendeicy will be not only mischievous, in the highest degree, but ruinous to the best interests of the State, by destroying our credit abroad, and thereby shutting out foreign capital, which is so requisite to the rapid development of our almost unlimited resources, and by retarding immigration, which is so essential to the speedy settlement of our unreclaimed lands; that its legitimate results will be to retard the future growth and prosperity of our State, and ï~~612 MESSAGES OF GOVERNORS OF MICHIGAN to entail upon us all the evils of repudiation; and, finally, that it will defeat its own avowed purposes. And, I may also add, that it enables a majority, if so disposed, to trample upon the rights of the minority, which it is alike the duty of the Legislature and of the Executive to maintain and protect. Permit me to say that in thus returning these bills for your reconsideration, I am in no degree prompted by any purpose to annoy the Legislature with a repetition of my own views, or to retard the business of the session, but to discharge faithfully to my onstituents, the people of the whole State, what I regard as an imperative duty. And firmly convinced, as I am, of the evils which are sure to follow from this legislation, I do not choose to render even an implied assent to it, nor to leave my position in doubt, or open to misconstruction. Nor do I offer these objections in any spirit of dictation, or of willful persistence, but simply that my own views upon this important subject may be clearly and unequivocally shown by the record. HENRY H. CRAPO. March 22, 1867 From Journal of the House of Representatives, pp. 2288-2291 TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES: I herewith respectfully return to the House, through you, the following bills, without my approval: First. An act to authorize townships and cities, in the counties of Wayne, Oakland, Washtenaw, Livington and Ingham, to loan money or pledge their credit, to aid in the construction of a railroad, on the most direct and feasible route, from the city of Detroit to the city of Lansing; Second. An act to authorize any of the townships, cities and incorporated villages, in the counties of Saginaw and Gratiot, to vote a tax, or pledge their credit, to aid in the construction of a plank or gravel road, from Saginaw, to St. Louis and Alma, in Gratiot county; Third. An act to authorize any of the townships or municipalities, in the counties of Wayne, Macomb, Lapeer, Tuscola, Saginaw and Bay, to pledge their credit, to aid in the construction of a railroad, from or near the junction of the Detroit and Milwaukee and Grand Trunk Junction railways, in the county of Wayne, northerly, through said counties, to Bay City, in the county of Bay; Fourth. An act to authorize the several townships in the counties of Bay and Saginaw, to pledge their credit, and to raise by tax or borrow ï~~HENRY H. CRAPO 618 money, to aid in the construction of the Bay City and East Saginaw railroad; Fifth. An act to authorize the several townships in the county of Berrien, to pledge their credit, and raise by tax, or borrow money, to aid in the construction of a railroad, commencing at the village of St. Joseph, in the county of Berrien, and from thence to some point on the Indiana State line, west of township 8 south, of range 19 west, in said county of Berrien; Sixth. An act to authorize townships and cities, in the counties of Jackson, Lenawee and Hillsdale, to pledge their credit, to aid in the construction of a railroad from the city of Jackson, by way of the villages of Addison and Hudson, and to the township of Medina, to some point in Ohio, connecting with the Atlantic and Great Western railroad, or to some intermediate point; Seventh. An act to authorize Midland county to issue bonds to aid in the construction of the Midland and Bay City plank road; Eighth. An act to enable any of the townships and cities in the counties of Cass, St. Joseph, Kalamazoo and Calhoun, to aid in the construction of a railroad, from some point on the Indiana State line, in the township of Porter, in Cass county, by way of Constantine and Three Rivers, to the city of Battle Creek; Ninth. An act to authorize any of the townships or' cities on a proposed line from the city of Lansing, by way of St. Johns, in Clinton county, and Ithaca, in Gratiot county, to some point north, to intersect with the Flint and Pere Marquette railroad, to vote a tax, or pledge their credit, to aid in the construction of a railroad; Tenth. An act to authorize the townships, incorporated villages and cities in the counties of Saginaw, Bay, Tuscola, Gratiot and Shiawassee, to aid in the construction of wagon-roads in said counties; Eleventh. An act to authorize any of the townships, cities and villages of the counties of Ingham, Eaton, Jackson, Calhoun, Hillsdale and Branch, to pledge their credit to aid in the construction of the Northern Central Michigan railroad; Twelfth. An act to authorize any of the townships and incorporated villages, in the counties of Gratiot and Clinton, to vote a tax, or pledge their credit, to aid in the construction of a plank road from St. Louis, td the village of St. Johns, in Clinton county; Thirteenth. An act to authorize the several townships and cities, in the counties of Berrien and Cass to' pledge their credit to aid in the construction of a railroad from the village of St. Joseph, in the county of Berrien, to some point on the Indiana State line, in township 8 south, of range 17 west, in said Berrien county, or in township 8 south, of range 16 west, in said county of Cass. I am constrained to return these bills, because I believe the legislation ï~~614 MESSAGES OF GOVERNORS OF MICHIGAN they propose is not only wrong in principle, but is unwarranted, at least, by the spirit and manifest intent of the Constitution, if not positively unconstitutional, because it is of the most mischievous tendency, and is calculated, in its effect, to destroy the credit of the State-to inflict a severe injury upon all its industrial interests-to retard its growth and prosperity-to entail upon it the evils of repudiation-to prevent immigration, and, finally, to defeat the very ends which it seeks to secure; and, I may also add, because it opens the door whereby the right of the minority may be destroyed by an arbitrary majority,-to prevent the chances of which is not only the duty of the Executive, but of the Legislature. These objections are more fully stated in my communications to the Senate, dated Feb. 5th and 25th, 1867, and to which I would most respectfully refer you. Although some of the specific provisions, in a portion of these bills, may vary in a few trifling particulars from those then returned, yet they are all of the same general character, and subject to similar objections. In returning these bills for your re-consideration, permit me to say that this course is not prompted by any disposition to annoy the Legislature with the repetition of my own views, nor to delay or embarrass the business of the session. But firmly convinced, as I am, of the evils which will result to our people from this legislation, I am not willing to appear to yield an assent to it, nor to leave my position in doubt, or open to misconstruction. It is in no spirit of dictation or willful persistence, that I offer these objections, but regarding it as a matter of simple justice, I desire that the record shall state, without equivocation, the sentiments I entertain upon this most important subject. HENRY HI. CRAPO. March 23, 1867 From Journal of the Senate, pp. 1656-1657 TO THE PRESIDENT OF THE SENATE: I respectfully return to the Senate, the following bills, without my approval: First. A bill to authorize townships and cities in the counties of Wayne, Washtenaw and Lenawee, to pledge their credit to aid in the construction of a railroad from Detroit, by the way of Adrian and Morenci, to Fort Wayne; ï~~HENRY H. CRAPO 615 Second. A bill to authorize the counties, cities, townships and incorporated villages, of the State of Michigan, to aid in the construction and maintenance of wagon, gravel, cobble stone, pounded stone and plank roads. My objections to these bills are, that they are of doubtful constitutionality, of bad policy, and inexpedient in practice; and which objections are more particularly set forth in my second veto messages made to your honorable body, as well as to the House of Representatives, on the subject of extending municipal aid for the construction of railroads, plank roads, &c., to which I respectfully refer you. The second bill, (Senate bill No. 58,) now returned is also objectionable for its great ambiguity; but to my mind, is nothing more or less than an enabling act to aid private corporations. It is also still further objectionable, because it authorizes the majority to impose a tax to aid in the construction of a work beyond the limits of the municipality in which it is to be raised. HENRY H. CRAPO. March 23, 1867 From Journal of the House of Representatives, pp. 2368-2369 TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES: I respectfully return to the House, without my signature, the following bills: First. An act to authorize the several townships and cities of Monroe and Washtenaw counties, to pledge their credit in the construction of a railroad, from some point on the route of the Michigan Southern and Northern Indiana railroad, in the city of Monroe, or within 16 miles thereof, to the village of Saline, in the county of Washtenaw, by the way of Dundee; Second. An act to authorize certain townships in the counties of lonia and Montcalm, to vote a tax or pledge their credit to aid in the construction of a plank road from lonia, in lonia county, to Stanton, in Montcalm county. My reasons for returning these bills without my approval, are, that they are of doubtful constitutionality; that if not unconstitutional they are inexpedient, and that the policy of such legislation will be, in my opinion, injurious to the best interests of the State. My objections are more fully set forth in my previous veto messages, made both to the House and the Senate, on the subject of extending municipal aid for the construction of railroads, plank roads, &c., to which I would most respectfully refer you. ï~~616 MESSAGES OF GOVERNORS OF MICHIGAN The second bill now returned, (House bill No. 253), is objectionable on account of its ambiguity, and especially on account of the abuses which might grow up under it. Its language is susceptible of being so construed, as to authorize a municipality to raise money by taxation to construct, or aid in the construction, of a road outside of its territorial limits, and also to donate money to a private company or corporation for the construction of a road, which such corporation shall own, and for the use of which it may charge and exact tolls. HENRY H. CRAPO. March 23, 1867 From Journal of the Howse of Representatives, p. 2407 TO THE PRESIDENT OF THE SENATE: I respectfully return to the Senate the following bills, without my approval: First. An act to authorize townships and cities in the counties of Wayne, Washtenaw and Lenawee, to pledge their credit to aid in the construction of a railroad from Detroit, by the way of Adrian and Morenci, to Fort Wayne; Second. An act to authorize the cities, townships and incorporated villages of the State of Michigan, to aid in the construction and maintenance of wagon, gravel, cobble-stone, pounded stone and plank roads. My objections to these bills are that they are of doubtful constitutionality, of bad policy, and inexpedient in practice, and which objections are more particularly set forth in my recent veto message made to your Honorable body, as well as to the House of Representatives, on the subject of extending municipal aid for the construction of railroads, plank roads, &c., to which I most respectfully refer you. The second bill, (Senate bill, No. 58,) now returned, is also objectionable for its great ambiguity; but, to my mind, is nothing more nor less than an enabling act to aid private corporations. It is also still further objectionable, because it authorizes a majority to impose a tax to aid in the construction of a work beyond the limits of the municipality in which it is to be raised. HENRY H. CRAPO. ï~~1869 January 6, 1869 From Joint Documents of the State of Michigan, pp. 3-31 GENTLEMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES: In accordance with constitutional requirement, at the close, of my official term, I now submit to the Legislature, "information by message, of the condition of the State, and recommend such measures as I deem expedient." The infirm condition of my health imperatively forbids my communicating with you in person, and I am compelled, for the same reason, to refer more briefly than I desire, to those questions of State interest to which I would call your attention. I yield to this necessity with less reluctance, from the consciousness that my successor in office, in whose wisdom, ability and discernment I have full confidence, and who is held in such high esteem by our fellow citizens, will present in his Inaugural Message his views and recommendations for the consideration of the Legislature, with a completeness which will render the performance of my closing duty less important. In this last official act as your Chief Executive, I congratulate you upon the highly prosperous and happy condition of the people of our State. When I assumed my office the Nation was at war. The issue of that war was not doubtful, for every loyal heart had faith in the triumph of the right; but there were embarrassments, uncertainties and perplexities attending the adjustment of our National affairs, and in providing for the burdens and indebtedness which war had entailed upon us. Today we are at peace; the integrity of the Union has been secured, and Freedom guaranteed to all in the land. We have cause for heartfelt gratitude to God for the increasing blessings of peace, for the sufficiency of the harvest, for the rewards of labor, and for the moral, intellectual and material advancement of the people. Steadily we have grown and prospered, and now enjoy the position and advantages of the most favored States. FINANCES. No part of the administration of the State Government is more important than the management of its finances. The collection of the revenue, the appropriation of moneys, the judicious and economical expenditure, and the safe custody of the public funds, should always be matters of solicitude with those in authority. ï~~MESSAGES OF GOVERNORS OF MICHIGAN It gives me great pleasure in-'being able to state that the financial affairs of the State are in a highly prosperous condition. At no time in its history has its credit stood higher, or its exhibit appeared more satisfactory in, this regard, than today. The sagacity, prudence and economy, which have marked the management of the funds of the State, during the last four years, is deserving of commendation; and the success which has attended the reduction of the public debt since the close of the civil war, and the very large balance now in the Treasury. [$1,130,229.67], attest the wisdom of the Legislature, and the high ability and strict faithfulness of those, who as State Treasurers, have had the custody of the public funds. The condition of our finances, and the receipts and disbursements of the State Treasury, for the fiscal year ending Nov. 30, 1868, as appears from the Treasurer's account, are as follows: The amount received into the State. Treasury, and which was derived from the following sources, is $2,804,741.43: Balance of cash in the Treasury, Nov. 30, 1867............ Received on account of General Fund................... it it Primary School Fund,.............. "i" Primary School Int. Fund,.......... Swamp Land Fund,.............. Swamp Land Int. Fund........... cc it University Fund,.................. "i" University Interest Fund,.......... " Normal School Fund,.............. it " Normal School Int. Fund,.......... cc cc Asylum Fund,..................... " State Building Fund,............... Agricultural College Fund,........ " " Internal Improv't Fund............. cc << W ar Fund,........................ " Sault Ste. Marie Canal Fund........ i" War Loan Sinking Fund,.......... i" Two Million Loan Sinking Fubid.... it Light-house deposit,.............. it Suspense account,................. $582,113.96 1,347,521.51 115,386.63 54,000.70 425,324.81 6,079.06 7,114.97 10,369.45 760.00 1,887.28 3,548.03 418.99 2,300.00 11,433.26 25,000.00 14,449.67 188,900.85 213.75 15.00 7,903.48 Total receipts,.................................. $2,804,741.43 The following are the payments from the Treasury, amounting in the aggregate to $1,674,511.76: ï~~HENRY H. CRAPO 619 Paid on account of General Fund,..................... 'C C' C' 'C C' 49 C' it CC CC CC CC CC CC CC Primary School Fund................ Primary School Int. Fund,........... Swamp Land Fund,................. Swamp Land Int. Fund.............. University Int. Fund................. Normal School Int. Fund............. Asylum Fund,....................... State Building Fund................ Internal Improv't Fund.............. War Fund.......................... War Loan Sinking Fund,............. Two Million Loan Sinking Fund,...... Sault Ste. Marie Canal Fund,........ Military Fund....................... Soldiers' Home Fund,................. $510,832.65 3,308.90 153,296.70 362,813.33 401.99 39,849.96 13,515.00 148,526.00 2.25 40,964.21 127,'26.25 43,500.00 198,000.00 21,774.52 7,000.00 3,000.00 Total payments.................................. $1,674,51176 Leaving a balance in the Treasury, Nov. 30, 1868..........$1,130,229.67 $2,804,741.43 TRUST FUND DEBT. The following items constitute this debt, to-wit: Primary School Fund.................................. $1,493,243.80 Normal School Fund................................... 44,461.95 Railroad Deposits,.................................... 2,157.32 Light-house Deposit.................................... 15.00 Five Per Cent. Primary School Fund,.....................185,600.00 University Fund...................................... 305,962.56 $2,031,440.63 STATE DEBT. The present condition of our State debt, both funded and made up as follows, and amounts to $3,614,078.49: Sault Canal Bonds, 6's, due July 1st, 1879................ Renewal Loan Bonds, 6's, due July 1st, 1878,........ Two Million Loan Bonds, 6's, due Jan'y 1st, 1873.......:.. Two Million Loan Bonds, 6's, due Jan'y 1st, 18782.......... Two Million Loan Bonds, 6's, due Jan'y 1st, 1883,.......... War Loan Bonds, 7's, due Jan'y 1st, 1886................. War Bounty Loan Bonds, 7's, due May 1st, 1890.......... fundable, is $86,000.00 200,000.00 497,000.00 494,000.00 750,000.00 1,081,500.00 463,000.00 ï~~620 MESSAGES OF GOVERNORS OF MICHIGAN Adjusted Bonds, past- due,.............................. 3,000.00 Full-paid Five Million Loan Bonds, past due,..............3,000.00 W ar Loan Bonds,....................................... 600.00 Two Million Loan Bonds, due Jan'y 1, 1868.................3,000.00 $57,000 Unrecognized Five Million Loan Bonds, adjustable at.................................................. 32,978.49 Total bonded debt, Nov. 30, 1868,.................. $3,614,078.49 SINKING FUNDS. During the past fiscal year the following sums have been set apart for the several Sinking Funds, amounting to $380,774.95: War Loan Sinking Fund, 1-16 mill tax,.................. $19,247.87 War Loan Sinking Fund, from surplus of taxes levied for interest,.........-.................................... 11,274.50 Two Million Loan Sinking Fund, 1/8 mill tax,............ 38,495.73 Two Million Loan Sinking Fund for discount on bonds purchased,.......................................... 213.75 Primary School Fund receipts from July 1, 1867, to July 1, 1868................................................92,650.60 Five Per cent. Primary School Fund receipts from July 1, 1867,. to July 1, 1868..................................13,936.45 University Fund receipts from July 1, 1867, to July 1, 1868, 14,326.80?4ormal School Fund receipts from July 1, 1867, to July 1, 1868............................................... 1,728.40 U. S. Treasurer, war expenses refunded..-.-.-......-...-.. 188,900.85 Total amount,-..................-................-$380,774.95 You will perceive by the Treasurer's Report, that he has very wisely and judiciously invested a portion of our surplus funds in purchasing and retiring certain bonds, as far as he was enabled to do so, upon terms which he deemed advisable. To accomplish this, however, in the precise mode desired, proved much more difficult than was anticipated, in consequence of the advance of our State securities in market value. The Treasurer's Report also shows, that our claim upon the General Government for expenditures incurred by this State, on account of the late Rebellion, has been adjusted and settled, and the sum of $188,900.85 collected as the amount due us. A settlement has also been effected with the Land Office at Washington, of our claim, which has remained unadjusted for a long period, for Swamp Lands sold by the General Government, at the several Land Offices in this State, after they had been ceded to us by Act of Congress ï~~HENRY H. CRAPO 621 -whereby we have been permitted to select from the unsold Government Lands, 19,349.87 acres, for;which patents will very soon be received; we have also received in cash on the same account, $10,475.82. It will be further perceived by said report that from the very prosperous condition in which our State finances now are, with abundant means to meet all future liabilities, the Treasurer is enabled to recommend a diminution of our State tax for general purposes for the next two years. In regard to the very large balance of cash now in the Treasury ($1,130,229.67), I most heartily concur in this recommendation. It should be constantly borne in mind that the people have been, for the last few years, as a consequence of the late war, subjected to very heavy taxation; and, although they have borne this burden cheerfully, yet at this very critical period in the history of our country with regard to finanacial matters, those to whom are committed the appropriation of the public funds, should, constantly bear in mind the more than probable future depreciation of values of every species of property, at a time when it may be exceedingly difficult to pay even a greatly reduced rate of taxation. This very large balance in the Treasury should not, therefore, be used for any other purpose than that of either anticipating the payment of our State debt, or for the reduction of taxation. In view of the resumption of specie payments sooner or later, which can hardly fail to bring with it financial embarrassments, for a time at least, I would most earnestly recommend that all appropriations for general purposes, except such as are required for the support of the State Government, or for that of our various State Institutions, which must be maintained, should be made with great prudence, and all our resources husbanded with the strictest economy. The dimunition of our State debt since my last regular message, is $365,842.76. SOLDIERs' RELIEF FUND. As appears by my last message, the balance unexpended of the Soldiers' Relief Fund was..-..-....-........... -..-.......-.-......$10,307.61 Being authorized by an Act of the Legislature, passed March 26, 1867, to pay from said fund the expenses of such Commissioners as I should appoint under said Act, to be denominated the "Soldiers' Permanent Home Commission," I have accordingly paid therefrom, on account of such expenses-.......-....................... $158.30 ï~~622 MESSAGES OF GOVERNORS OF MICHIGAN Also, for the relief of sick, disabled and needy soldiers, in accordance with provisions of Act No. 31, 1863,.............. 149.41 Total amount expended,.............. 307.71 Balance,............................. $9,999.90 Consequently there remains on hand of this fund the sum of nine thousand nine hundred and ninety-nine and 90-100 dollars, which will be found undrawn by me from the Treasury. It is proper, however, I should state, that the members of the Commission have an account for expenses incurred by them in the discharge of their respective duties, during the current year, which was not presented to me for payment in time to be included in this account; and which must be paid them hereafter from this fund. I am also advised by the Quarter Master General, that he has claims for indebtedness, to the amount of $560.12, advanced by him for transportation and other aid to needy and destitute soldiers, also to be paid from this fund; but the fact was not communicated to me in time to be included in my account. WAGON ROADS. The Wagon Roads, for military and postal purposes-one from Saginaw City to the Straits of Mackinaw, and the other from Grand Rapids to the same point-for the location and construction of which, a grant of land was made by an Act of Congress, approved June 20, 1864, and accepted, &c., by an Act of the Legislature of this state, approved March 16, 1865, have never been built, as said grant of land has been found wholly inadequate for that purpose. These roads, if completed in a perfect and workmanlike manner, as contemplated by the aforesaid acts, could not fail to be of great value to the State, and especially so to the territory situated in the northerly part of the Lower Peninsula, as well as to that of a portion of the Lake Superior region. I therefore suggest for your consideration, the propriety of some action whereby Congress may be induced to extend the time in which said roads shall be required to be completed, and to increase the appropriation sufficiently to secure their construction. Nor will these. roads be alone useful to the State of Michigan. They will also be of much value to the United States, and especially so, as affording increased facilities for the transmission of the mail, as well as of the necessary military forces in the event of hostilities on our Canadian frontier, and in various other ways. ï~~HENRY H. CRAPO 623 In the absence of further legislation by Congress, the present grant will revert to the United States on the 20th of June next. SEIZURE OF LAND FOR LIGHT-HOUSE PURPOSES. By an act of the Legislature, approved March 27, 1867, the Governor, by three Commissioners, was authorized, in certain cases, to seize lands, and convey the same to the United States, for the erection and maintenance of light-houses thereon. Under this law two parcels have been so seized and conveyed, to-wit: First-Granite Island, in Lake Superior, Marquette county, containing two and one-quarter acres. Second-A tract containing about ten and one-quarter acres, at McGulpin's Point, on the shore of the Straits of Mackinac, in the county of Mackinac. MILITARY. Repeated applications have been made to me since the close of the war, for the formation of military companies; but owing to the want of means, and in the absence of the necessary appropriations for carrying out the present law, I have not favored the organization of such companies. When the exposed position of our State is considered, together with the fact of an extensive frontier, bordering the territory of a nation with whom we have heretofore been at war, and very possibly may be again, and from whose dominion we are separated by the slightest natural barriers, I submit to your serious consideration whether the interest of the State does not demand that some efficient military organization should be maintained, not only for our defense from foreign aggression, but also for the maintenance of law, and to aid, if necessary, in the suppression of disorderly commotions or riotous proceedings, which may occur within our own borders. The present system is, and I have no doubt will continue to be, a dead letter upon our statute book. In view, therefore, of the importance of this subject, I would most respectfully submit to your wisdom and discernment, whether some system cannot be adopted, which will be practical in its operations, and adequate for any probable future emergency. ANTIETAM NATIONAL CEMETERY. The sum of $4,000 was appropriated by an Act of the Legislature, approved Feb'y 19, 1867, for the purpose of paying the proportion of this State, of the expenses of purchasing the grounds for and the preparation and care of the Antietam National Cemetery, at Sharpsburg, Maryland, and for defraying the expenses of the Commissioner. ï~~624 MESSAGES OF GOVERNORS OF MICHIGAN At the time this appropriation was made, the Legislature, I presume supposed it was to be used in aiding the formation and establishment of a National Cemetery, to be, as in the case of the Gettysburg Cemetery, devoted in perpetuity for the purpose of the burial and final resting place of the remains of the Union soldiers, or loyal dead, who fell at the battle of Antietam, or at other points north of the Potomac river, during the invasion of Lee. It since appears, however, that by the Act of Maryland, passed March 23, 1865, (upon the repeal of a previous Act), provision was made for the interment, in a part of said grounds, of the remains of Confederate soldiers; which provision was adopted by a resolution of the Board of Trustees, held on the 5th day of December, 1867, and a portion of said Cemetery formally designated for the burial of the Confederate dead. It thus becomes not only a National Cemetery for the interment of those who fell in the defense of the Union, but also for those by whose hands they thus fell, in their attempts to destroy such Union. This fact had not come to my knowledge-at least I did not then apprehend it-at the time of my special message to the Legislature of 1867, bringing this subject to their notice and recommending the appropriation. I cannot but consider the question of permitting the interment of the Confederate dead in our National Cemeteries, provided at the public expense for the resting place of our Union soldiers, as entitled to the most serious consideration. Fo' these reasons, and, also, because requisitions have not been made upon me from time to time-as in the case of Gettysburg-for our proportion of the work as it was completed; but as the whole appropriation was called for, without regard to what had been done, I have deemed it my duty to retain the same in the State Treasury until you should have an opportunity to take such action thereon as you might deem expedient. I am not alone in this view of the matter, as the appropriation of Pennsylvania, if not of some other States, has been withheld on the same grounds. I trust, however, that whatever determination you may arrive at, my course may be regarded the safer one, as the money being still on hand can be paid over at once, should you deem such action advisable. IM MIGRATION. 'My views upon the subject of Immigration have been fully expressed in a previous message. They still continue unchanged; and I cannot but hope that some legislation will yet be had on this subject whereby a more rapid settlement of this State may be promoted. We have large quantities of wild lands of the best quality, which remain unsettled, whilst those of other States are fast being taken up and improved. ï~~HENRY H. CRAPO 625 If proper attention could be directed to the advantages now offered by our State, the rapidity of its settlement, in my opinion, would be very greatly increased, and those extensive tracts in the northerly part of this Peninsula, now lying waste, would soon be under cultivation. Considering the abundance and variety of the resources of Michigan, and the material and physical advantages which she offers to those whose limited means lead them to seek homes in an unsettled country, together with a ready market for all surplus products, no State in the Union presents greater inducements to the new settler. The sum required for this object, if properly expended, would be small. I hope the subject may receive at your hands some consideration. RECONVEYANCE OF LAND TO UNITED STATES. Since the adjournment of the last Legislature, application has been made to me by the Hon. Jos. S. Wilson, Commissioner of the General Land Office, Washington, D. C., to execute and return to that office a release of this State's claim to the East half of the North-East quarter of Section twenty-six, (26), township five (5) North, range two (2) West, containing eighty (80) acres, inadvertently, as he states, embraced in approved list number eleven (11) and Patent number twenty-two (22) of swamp and overflowed lands, in the district of lonia. Not feeling authorized by any law of the State to execute such release, I have not done so, and would now most respectfully refer the subject to the Legislature for such action as they may deem expedient and proper. PORTAGE LAKE AND LAKE SUPERIOR SHIP CANAL. Congress, by an Act approved March 3d, 1865, donated to this State, two hundred thousand acres of the public lands in the Upper Peninsula, to aid in the construction of the Portage Lake and. Lake Superior Ship Canal. This grant, with all its franchises, rights, powers and privileges, was, by an Act of the Legislature of this State, approved March 18, 1865, conferred upon the "Portage Lake and Lake Superior Ship Canal Company," and by its provisions, the Executive was made the sole judge of the mode of construction, the materials to be used, &c.; in fact, to his discretion was referred everything pertaining thereto, excepting the width and depth of water therein, which are determined by the Act of Congress. In accordance with this authority, I approved, on the 4th of October, 1867, such specifications and diagrams, (prepared by the engineer appointed by me for that purpose,) as I believed would secure the construction of a permanent work; which specifications and diagrams were duly filed in the several offices, as required by the aforesaid Act of March 18th, 1865. ï~~626 MESSAGES OF GOVERNORS OF MICHIGAN Upon the presumption, however, that said grant of land was insufficient for the building of the Canal in a manner adequate for the purpose it was designed to fulfill, and upon an urgent application of the Company to Congress, supported by my recommendation, that body, by an Act passed July 3d, 1866, made an additional grant of two hundred thousand acres of land in further aid of the object, which land, by an Act of the Legislature of this State, approved March 27th, 1867, was also virtually conferred upon said Company. The Company have recently made a printed statement, by their General superintendent, as to what progress has been made in the construction of the canal; but I have received no report whatever from the Engineer appointed to superintend the work. The President, however, writes me that "it is the intention of the Company to finish it in 1869." Believing, as I do, that the early completion of this work, according to the plans and specifications approved by me, is of great importance to the interests of this State, especially to the Lake Superior region, and that the aforesaid grants are amply sufficient to compensate said Company for the proper construction of the canal, they should be held to the proper fulfillment of the contract. on their part; and none of said lands, (most of which embraced in the last grant, being I believe, of much value,) should be conveyed to them until the work is completed and duly accepted. Permit me to refer you to my last message on this subject. REFORM SCHOOL. The Reform School has come to be one of our most important State institutions, and I trust it will receive at your hands that liberal support which it deserves. Although there may be and undoubtedly are exceptional cases, yet I have no doubt that many boys who would otherwise be left to grow up in ignorance and crime, and become pests tb society, will be there instructed and reformed, and in after life become useful and worthy citizens. If a few only of those unfortunate boys, who are left without parental control and abandoned to all the temptations of our larger villages and cities, could be there reclaimed, it would be worthy our greatest efforts; for not only should we thus save these juvenile offenders to themselves and their friends, but thereby secure to the State in the future good citizens, instead of worthless and abandoned criminals. AGRICULTURAL COLLEGE. My ideas in regard to the future value and importance of the State Agricultural College are too well known, I trust, to the people of Michigan, to need a repetition here. But to realize the reasonable expecta ï~~HENRY H. CRAPO 627 tions of its friends, the Institution must receive the cordial support of those at least whom it is intended to benefit. An enterprise of this kind, in its commencement, under however favorable circumstances it may be originated, must necessarily be destined to encounter many difficulties and draw-backs. But a steady, persistent course in this case, as in every other, will be certain to secure ultimate success. In fact, considering all the disadvantages under which its officers have been compelled to labor from its very beginning, I think we need not be dissatisfied with what it has already accomplished. It is intended to foster and promote the most important interest in our whole State-that of agriculture considered in its broadest and most comprehensive sense. The lands donated by Congress for its support-240,000 acres-have been selected, and the "Agricultural Land Grant Board" have fixed its minimum price at five dollars per acre, and the same are now in market. The proceeds from this grant, in time, it is believed, will be amply sufficient to afford all the pecuniary aid it may require. But as only the interest can be used to aid the College, it must necessarily be some time before it can be expected to sustain itself. In the meantime, as a State Institution already established and worthy of support, it has a right to expect such pecuniary assistance as will enable its officers to manage its affairs without embarrassment, and to the best advantage. I trust the Institution will receive such aid at your hands. For a detailed statement of the present condition and wants of the College, in all its departments, I refer you to the several reports of its officers. THE ASYLUMS. These institutions not only claim, but receive a liberal support, and appropriations should be freely made for their maintenance. However much it may be incumbent upon every department of the State Government to pursue a rigid economy in the administration of public affairs, yet with these no niggardly policy should be pursued. - But my own views upon this subject have been fully stated in my previous communications to the Legislature, and need not be repeated here. They are I believe in the hands of competent and faithful officers, devoted to their duties as a labor of love, rather than from any pecuniary considerations. You will perceive by the very elaborate reports of the Teachers, Acting Commissioners, and Trustees of the "Michigan Institution for educating the Deaf and Dumb, and the Blind,"-to which I call your attentionthat this Institution is in a prosperous condition. Good health has generally prevailed among the pupils, who are contented and happy, and their progress in learning is very decided and satisfactory. ï~~628 MESSAGES OF GOVERNORS OF MICHIGAN From personal inspection, as well as from general observation, I do not hesitate to speak confidently of the very proper and successful manner in which this Institution is conducted, and of the efficiency and devotedness of its officers. In addition to such appropriation as will be needed for an increase of teachers, to meet its ordinary and incidental expenses, and to finish such improvements, &c., as have already been commenced, the Trustees are desirous that such further sum may be provided as will be required to complete the front part of the main building, the room of which is now needed for the accommodation of the inmates. Without, however, making any specific recommendation, I refer the whole subject to your disposal, trusting that the just claims of this noble department of the educational institutions of Michigan will be fully recognized, and all its reasonable wants cheerfully met and promptly provided for. The present condition, wants, &c., of the "Asylum for the Insane," you will find fully stated in the report of its officers, which I commend to your serious attention. This Institution, is also, I believe, fully accomplishing, under the management of its very able and efficient Superintendent, E. H. Van Deusen, aided by a Board of Trustees, whose efforts have been, as I doubt not, solely directed to the same end, the benevolent purpose for which it has been provided. The ltuilding of the north wing has been so far advanced that a portion of it was opened in May last for the accommodation of fifty patients, and was immediately filled. Another portion has just been completed; and the remainder, it is believed by the Superintendent, will be open before the adjournment of the present legislative session. The number of patients remaining under treatment in the Asylum, Nov. 30, 1868, was 229, being an increase of 57 during the past year. The entire accommodations which will be afforded, upon the completion of the building, will undoubtedly be very soon thereafter filled. In December of 1867, I visited the Asylum, and spent several days there, residing as an inmate of the Superintendent's family, with a view to satisfy myself in regard to the mode of keeping the books and accounts, and of disbursing the public moneys, as well as in respect to the general management of the Institution, the treatment of the patients, &c., &c.; and it is but justice for me to say, in behalf of a worthy and efficient officer, that I was exceedingly gratified with all I saw and learned. The position of Superintendent is necessarily one of much care, perplexity and responsibility; but the inmates, excepting such as were necessarily-from their condition-confined to their rooms, appeared very cheerful, contented and happy. I believe the Institution to be ably conducted; and under its present management, reflecting great credit upon our State; and I cannot but ï~~HENRY H. CRAPO 629 hope that we shall be enabled to,avail ourselves of Mr. VanDeusen's valuable services for many years to come. For a detailed statement of the condition and wants of the Asylum, I refer you to the report of the Superintendent and Trustees, recommending that such appropriations be made as may be reasonably necessary to enable its officers so to manage its affairs as that it may realize the just expectations of those who so nobly provided, in the very infancy of our State, for the comfort and care, if not the ultimate cure, of those unfortunate ones, who from whatever cause, had become bereft of their reason. STATE PRISON. All things considered, this is one of the most difficult of our State Institutions to be properly and successfully conducted. The task of the Agent as well as that of the Board of Inspectors, is truly an onerous one. Added to the difficulties of properly guarding and governing so very large a number of convicts, many of whom are of the most desperate character, is that of conducting the business affairs of the prison, connected, as they are with a large number of labor contractors, who necessarily make it more particularly their business to look after their own interests than those of the Institution. And to this again may be added, the differences that too often arise between the Agent and those who enter into contracts to furnish supplies for the Prison; and especially so when that officer, in the faithful discharge of his duties, compels faithfulness on the part of such contractors. The Agent is also, not exempt from frequent embarrassments, arising from discontent, engendered by his efforts to enforce strict fidelity to their duties on the part of his subordinates. And, I regret to say, that all the difficulties naturally incident to the situation, to which the Agent has been subjected in the proper management of the Prison, have been unjustly aggravated by certain persons in that vicinity, whose main purpose seems to have been to create all the trouble in their power for the Agent, and to destroy, if possible, the influence of that officer for good. Whether the governing motive may have been a mistaken desire to serve the public interests; or merely to injure the Agent in gratification of some personal pique against him; or to subserve a purpose no less reprehensible-that of embarrassing, if not of destroying, the efforts of those who have charge of the Prison, and are laboring faithfully and devotedly to promote its best interests-the manner of its exercise, and the character of its influence were calculated not only to damage the Agent, but to ruin the discipline of the Institution. But I am happy in being able to state that the efforts of those parties have, to a very great extent, failed in their apparent purpose; and thatthe affairs of the Prison, in all its departments, have steadily improved under the administration of the present Agent, and the very faithilM ï~~680 MESSAGES OF GOVERNORS OF MICHIGAN and efficient Board.of Inspeetors, all of whom have devoted themselves most assiduously and with unwearied efforts, as well as much skill, to secure this result. In fact, the Prison has reached, under its present management, a point rarely attained by any State Penitentiary. Its monthly receipts are exceeding its expenditures, and it has now become a' paying Institution. For a detailed statement of its affairs, I must refer you to the very full and elaborate reports of the Agent, and of the Board of Inspectors, a careful perusal of which I think cannot fail to convince any one that these officers have made the interests of the Prison their study, and that they understand fully its wants. I therefore most earnestly commend their suggestions and recommendations to your favorable consideration, hoping you may deem it compatible with the interests both of the Prison and the State, to make the appropriations they deem expedient. The affairs of the Prison, in all its departments, are now prosperous and flourishing, as much so as can certainly be expected in the present condition of the Prison proper, which it may be anticipated, will very soon require outlays to meet the wants of the rapidly increasing number of convicts-amount at the close of the present fiscal year, to 622; being an increase of 120 since my last message, and of 330 since November, 1864. This certainly shows a frightful increase of crime within our State; but the reflection to a citizen of Michigan, in view of this fact, is less painful when it is understood that a very large percentage indeed of the whole number come from abroad. Although the appropriation necessary for the proper custody and adequate support of those lawless persons, whose crimes compel us, for the protection of life and property, to restrain them of their liberty for a time at least-as well as for all the incidental expenses connected therewith, may seem large, yet as it is the legitimate consequence of an unavoidable necessity, it should be met promptly and cheerfully. Again let me say, that I believe the Agent of the Prison has worked faithfully as well as successfully in the discharge of his complex duties, and for the sole purpose of doing that which would best promote the interests of the important charge committed to his care. The Inspectors also have been no less indefatigable in their efforts to secure the greatest possible improvement in all departments of the Prison; and very much is due them for the constancy and zeal with which they have labored to that end. In conformation of this I need only cite you to the very marked and decided advancement in the present condition and future prospects of every department of the Institution. The policy adopted by me in reference to pardons, at the commencement of my administration, has been strictly adhered to. The whole number of convicts in the State Prison, who have been pardoned, and thereby become the recipients of the Executive clemency, are as follows: ï~~HENRY H. CRAPO 681 1865,......................................................... 5 1866,......................................................... 4 1867,......................................................... 3 1868,......................................................... 1 Total,............................................13 After mature consideration, and in view of all the arguments which have been urged upon me to adopt a different course, I have seen no reason to change this policy. But my views are already well known in regard to this important subject; and I will simply call your attention to that portion of the Inspectors' Report in which they allude to the beneficial effects in prison discipline, resulting from the very limited number of pardons which have been granted by me. SOLDIERS' HOME-HARPER HOSPITAL. By an act approved March 8, 1867, the "State Military Board" were authorized to make the necessary contracts and arrangements for a Soldiers' Home, for the maintenance, care and support of Michigan soldiers, sailors and marines, at the Harper Hospital, in the City of Detroit. An appropriation for said object was also made from the Military Fund, of $10,000 for 1867, and $10,000 for 1868, the same to be disbursed by said State Military Board. The Board was also required to make an annual "report to the Governor of all moneys received and disbursed by them, the number of beneficiaries of said Home during the year, together with such other facts and recommendations as they may deem proper." Such reports have been duly made to me, a summary of which is as follows: Whole number of soldiers admitted to the Home from March 1, 1867, to Dec. 1, 1868,-............................-..........228 Number sent to National Asylums,......................... 76 Number discharged,.......................................129 Number died,............................................ 10 Now in Soldiers' Home,.................................... 13 - 228 Whole number of days' board fron March 1, 1867, to Dec. 1, 1868-15,214. Whole amount paid for board,.......................... $8,650.00 ï~~632 MESSAGES OF GOVERNORS OF MICHIGAN Salary of Sup't, Ira M. Fletcher,............ $800.00 Salary of Sup't, T. S. Smith,............... 150.00 Incidental expenses,..........................78.92 1,028.92 Total amount disbursed,......................... $9,678.92 Amount drawn from State Treasury,...................$10,000.00 Amount disbursed as above,.................$9,678.92 Cash on hand,............................ 321.08 $10,000.00 The Board, in compliance with the provisions of said Act, have made a ver~y full and elaborate report of their proceedings, by which it appears that in the discharge of the duty assigned them, and with a view to securing for our "infirm, maimed and needy Michigan soldiers, sailors and marines," the best possible care and support, they have ascertained through the courtesy of the Adjutant General, the practice of nearly all the other States in this regard. They also visited the Asylums at Columbus, Ohio, and Milwaukee, Wisconsin, to which places many of our soldiers have been sent, where they became satisfied that the ample means for their support, as well as their permanent character, make those Asylums the real homes for the wards of the nation. The Board give abundant reasons in their report for this conclusion; and finally, "recommend the continuance of the Michigan Soldiers' Home for temporary relief, and the National Asylums as the best permanent home for our soldiers requiring aid." Other matters having reference to the proper care and maintenance of our needy soldiers, are fully discussed in said report, which I herewith submit for your consideration, and most heartily concur in all its suggestions and recommendations. OLD STATE CLAIMS. It has been my purpose during my entire administration to urge the settlement and collection of all our State claims, several of which have been many years in litigation, or otherwise outstanding and unsettled, and to some extent these efforts have been successful. There is yet, however, a balance due the State from the Phoenix Bank of New York, which should receive at once the attention of the Attorney General. The claim also upop the "E. H. Hazelton and Geo M. Dewey Mortgage," given for $50,000, payable June 15th, 1860, with 7 per cent interest, should have long since been enforced by the foreclosure of said mortgage, which covers large and valuable tracts of land in the counties of Livingston, ï~~HENRY H. CRAPO Genesee, Saginaw, Shiawassee, Tuscola and Midland; but-even after looking up the papers and collecting such additional facts as I believed would aid in the successful prosecution of the suit-I have been unable to induce the proper officer, for the time being, to render the necessary services in prosecuting this, as well as other claims, to final judgment. In several personal interviews with the late Attorney General, I not only called his attention to these matters and to the necessity of giving them his immediate attention, and especially to enforcing the claim secured by the aforesaid "Dewey and Hazelton Mortgage," but also urged him to do so at once. Nothing, however, having been done, and feeling exceedingly anxious that the interest of the State in this regard should no longer be overlooked, I on the 20th day of March last, formally requested the Attorney General, in writing, in accordance with the authority vested in me by the Statute for that purpose, to procure at once, as far as practicable, a decree of foreclosure of said mortgage. This, to me, seemed to be an easy proceeding, inasmuch as the Hon. Jacob M. Howard, so long ago as he was Attorney General of the State, had filed the necessary bill of foreclosure in the Circuit Court for the proper county in chancery, and the proofs were closed by the Hon. Charles Upson, Attorney General, as early as 1862, when the cause was ready to be argued preparatory to a final decree thereon. The Hon. A. Williams, the then Attorney General, in his report of December 31, 1862, also says: "It will be brought to a final hearing at an early period next year." From all this it really appears that nothing remained to be done by Mr. Stoughton, except to give notice to the opposite counsel that at the next subsequent term of the court he should bring the cause to argument and have a decree entered thereon. I also-such was my desire to have this matter settled before the close of my term of office-assured him that if he would come to Flint and examine the papers, and take the preliminary steps for the trial, I would make every arrangement in my power to lessen his labors, and would employ counsel to assist him. He thereupon, in his letter of 31st of March last assured me that he would immediately come to Flint as I had suggested, and "put the case in shape;" since which time I have heard nothing from him, nor of any movement whatever to secure the requisite decree of foreclosure. I make this statement in no spirit of censure or unkindness to any one, but as a necessary justification of myself; and as a reason why this matter has been left to pass into the hands of a subsequent administration, to whom I now most respectfully refer it, trusting that my successor may be more successful than I have been in securing that necessary legal aid which the people themselves have provided in such cases. ï~~MESSAGES OF GOVERNORS OF MICHIGAN SWAMP LANDS AND STATE ROADS. The whole subject in relation to the care and management of our Swamp Land State Roads, was by an Act of the Legislature, approved March 21st, 1867, committed to an officer known as the "Swamp Land State Road Commissioner," and who will undoubtedly, in. accordance with the requirements of said Act, submit for your consideration a report of his official acts in relation thereto, together with such recommendations as he may deem proper. This Swamp Land Road policy I have ever regarded as wrong: First-Because, to my mind, it is a clear and manifest misappropriation of a most noble grant to our State. for a most laudable object; and Second-Because in its operations it has produced an unwarranted waste of the public property. It is too late perhaps now to lament the serious mistake which I believe has been made in this matter, and yet wise and judicious legislation, by the repeal of certain laws making appropriations for certain roads or portions of roads, not now really needed, and by the modification of other laws to the same end, may do much to correct the evil. I would not, by any means, have it understood that I am opposed to any public improvement which will aid in any degree the opening up and reclaiming of the unsettled portions of our State, by the building Of roads or otherwise. On the contrary, I am and ever have been an advocate of such improvements, provided they could be wisely and judiciously made. But I do not think it either prudent or advisable to secure such improvements by a sacrifice of the public property. The following is a brief summary of the present condition of the appropriations and expenditures upon these roads: UPPER PENINSULA. Amount of lands appropriated for State roads and a bridge in the Upper Peninsula-acres,..........................1,361,676.40 Ditto, for Peninsula Railroad,............ 67,675.63 1,429,352:03 LOWER PENINSULA. Amount of lands appropriated for State roads, ditches and bridges in the Lower Peninsula--acres,.....................2,194,892.19 ï~~HENRY H. CRAPO 685 To which add the amount appropriated by the Swamp Land Board of Control from the 200,000 acres placed at their disposal for draining purposes,..........:.........59,628.60 Amount appropriated for harbor improvements in Ottawa county,................ 11,388.57 Ditto, for Primary Schools,...............11,388.57 Ditto, for Muskegon River Flats improvement (Beard claim),................... 11,130.93 Ditto, German American Seminary,.........25,000.00 Ditto, German Christian Agricultural Benovelent Society (Ora Labora,)............4,008.64 Ditto, Agricultural College,.................6,721.14 2,324,158.64 There will also be required to meet the expenditures for surveys, local commissioners' services, for interest paid under Act 187 of 1863, and Act 385 of 1867, and for the necessary incidental expenses, say at least,................................ 200,000.00 Total acres,......................... 3,953,510.67 Of the foregoing appropriations, there has been paid, to the present time, in the Upper Peninsula: In cash,................................. $15,869.70 " warrants,.........................700.00 In lands, including the Peninsula R. R. (all paid), and the bridge over the Menominee river,............................................271,694.93 Total payments in the Upper Peninsula, $288,264.63 In the Lower Peninsula: In cash,................................. $99,432.41 " warrants,......................... 52,809.59 In swamp land,........................1,217,089.45 Total payments in the Lower Peninsula, Total,............................... This sum equals in land, 1,326,080 87-100 acres. 1,369,331.45 $1,657,596.08 ï~~636 MESSAGES OF GOVERNORS OF MICHIGAN This does not include any of the expenses incurred under the present system for salaries of the Commissioner and clerk, nor for other incidental expenses. It thus appears that the minimum value of the lands already expended upon these roads, including the cash payments for the same object, is $1,573,022.08. If these lands had been sold and the proceeds invested at 7 per cent. interest, the annual income therefrom would be $110,111.54; which sum judiciously expended would have built State roads quite as fast as the settlement of the country through which they might pass would have required them. If this be true, it is apparent that there is a loss to the State of the value of the lands, amounting to nearly $1,600,000. Again, all the labor, money and lands expended upon many of these State Roads will, in the end, prove to have been entirely thrown away; for being partially or very imperfectly constructed, through portions of the country where there will be for a long time to come little or no settlements or travel, they will necessarily become filled up with thick copse and a young growth of timber, which cannot fail to render their reopening hereafter quite as expensive as though nothing had been done upon them. And, still further, many of these roads will, as the country becomes settled, be abandoned, from the simple fact that their location will then be found to have beenmade over the wrong routes. In fact a large proportion of these roads have not been laid out with a view to draining the country, but upon old roads, where very little work was required to be done, to enable the contractors to procure the lands at a trifling cost, and also, perhaps, to save the inhabitants for a time, at least, from the payment of their highway taxes. But I have estimated the land at its minimum price of $1.25 per acre, whereas most of that which has already been selected was equal in value to any wild land in the State; and would now sell-in my opinion-if we had it, for at least $5 per acre, average, making a fund of over $6,000,000,-the interest upon which would construct and maintain, as fast as needed, all the roads that could reasonably be required for the wants of the new settlers. But as appears from the foregoing statement there is now appropriated more than 2,700,000 acres of these lands, in addition to what has already been expended and paid out. I most earnestly commend the whole subject to your serious and careful consideration. SAULT STE. MARY'S FALLS SHIP CANAL. This important public work continues to accomplish the great end for which it was constructed, and its value to the trade and commerce of the Lake Superior region is constantly enhanced as the wealth and population of the Upper Peninsula increases; and it is by no means an un ï~~HENRY H. CRAPO 637 warranted belief that the time is not far distant when it will be wholly inadequate to meet the rapidly growing demands of the Lake Superior trade. The receipts from tolls for the year 1867, and the first eleven months of 1868, are $57,139.80. This is $11,730.62 in excess of the amount received from the same source for the years 1865 and 1866, and will be increased by the amount of tolls collected during the month of November, 1868, not reported in time to be included in this statement. The amount expended in repairs and in operating the canal for 1867, is $14,827.56. This includes the sum of $6,961.84 expended for materials and labor in the construction of a new pier, 300 feet in length, by 20 feet in width, on the north side of the lower entrance to the canal. The Board considered it highly necessary that this pier should be built to facilitate the more ready and safe entrance of vessels and steamers into the canal. The amount expended in 1868, to October 30th, on the new pier, and for salaries, labor, repairs, &c., is $7,812.79. The amount paid over to the State Treasurer from the earnings of 1867, is $18,330.61, and the amount for 1868, to October 30th, is $13,959.67. There was however at that date, in the hands of the Superintendent, the sum of $3,003.06, the same having been retained in his hands to pay for a steam pump, upon its arrival, which he had been authorized to purchase. The Board have deemed it the true policy, not only to keep the canal in the best possible repair, but to make such improvements as the funds at their disposal would reasonably warrant. In accordance with this view they have deemed it expedient to authorize the Superintendent, as soon as the same can be doneTo dredge and clean out the bottom of the canal; estimated cost,................................................ $700.00 To build a new pier, being an extension westerly of the north pier at the west end of the canal, say 300 feet; estim ated cost,....................................... 11,305.00 To purchase a steam pump; estimated cost, from $3,000 to.. 3,500.00 $15,505.00 A full and detailed statement of all operations connected with the management of the canal will undoubtedly appear in the forthcoming report of the Superintendent, to which I would beg to refer you. CoNCLusIoN. In conclusion, I avail myself of this opportunity to express my grateful thanks to the people of Michigan for the high confidence they have reposed in me, and the cordial support they have given me during my terms ï~~688 MESSAGES OF GOVERNOIAS OF MICHIGAN of office. To have occupied the Gubernatorial chair during a period of such marked progress in the history of the State-to have been connected with the administration of its affairs, and instrumental in any degree in promoting its growth and prosperity, is to.me a proud distinction. I leave the office without regret. Its duties are manifold and always pressing; its responsibilities burdensome, and sometimes oppressive. I think I repeat the sentiments of my predecessors, when I say that the office brings to its occupant cares, anxieties and perplexities commensurate with the high honors it confers. In the discharge of its duties differences of opinion necessarily arise. The wishes and interests of individuals conflict with the judgment of the Executive, and oftentimes the conflict provokes the harshest criticism. The constant pressure of personal solicitation, well-intentioned, but frequently ill-judged-the persistent entreaty to deviate from well settled principles of action, render the free exercise of the functions of the office difficult and laborious. It is with a sense of obligation that I acknowledge the support which has been generously awarded to me by the Legislature, in the approval of my views and recommendations. While endeavoring faithfully to discharge the important duties which have been confided to me, I have been aided and strengthened by the kindness and consideration shown me by the people and their representatives. The interests of this people and the prosperity of this State will always be near to my heart. I have faith in the future. With resources varied and unrivaled-with elements of growth unsurpassed-with a people intelligent, enterprising and moral, Michigan is destined to occupy a front rank in the sisterhood of States. As my parting injunction, in surrendering the trust which it has been my privilege to hold, let me urge the Legislature and my fellow-citizens to be guided by principle and absolute rectitude. Let no consideration of momentary advantage blind your eyes to the permanent and positive good of the State. Be slow to listen to the deceptive allurements of temporary expediency and policy, remembering, in the words of Jefferson, that "whatever is morally wrong cannot be politically right." HENRY H. CRAPO. ï~~ ï~~ ï~~ ï~~472ftat9 4 r ï~~3 9015 01471 4979 r"44,. ~li 9 a1 Y Y l r.l ï~~. r I