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Annual Message

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Felloio Citizen, of the. Senate and House of Representativos : I ii commencing the labora which dovolvo upui the IiegiflláCure, al its present mnual hosüíou lic riumbor and magnitude of tlic subjectd ■rhich will require considcralion, Cannol escapo nolico. The carly lcgislation of tlio Stato íslilislicd a policy fcr the management of public iftairs, intonded to secure the pul)ic intcrestt?, tiui tliu rights of citizons, t unfold its resources llid to aid its progrcHa from the fceblcnoss of a íiew rcpublic, i tliu full dcvelopment and rtrongtii of m;iturity. The operalion of the Slalc goveninetit, uiid tho l:iws wliich have been idoplcri tosecuro tlie various iutcrosts of the L)üly 'lolitic, havo been walchcd witli anxious sollcitude by the pooplc. Under tho kind euro af a wifcu Prüvidoncer, tilosa interest have boen Bonetantly expanling and ncreastng in iniportunco. Ilhinlgratioii ha3 rapidly swelled our population - the forest has been subdued, and cultiva'ed fiolds have takon its phico - flourish- ing villages liavo boen built - capital and entcrpriichiivü found profitablo cinployinont in tho nayiguiion of our ïnland sea; industry lias o]on. cd the vorkshop of tho inechanic, and abundant harvcsts havcs icvvardod the l.ibors of the hiinbandtnan. In thcscicnce of government also. uuder the pecularitics of tho organization of the states of the Afhericun Union, every year has brought it lessons of oxperienco and wisdom. Iu tliis stato of constant progression, periods will ppcur in wbich the principio subject. of public interest in-1 State policy must be presenled for legislativo notion : and upqn tlic Logislatuie how Bssombled, devolvos tho dnly of pis. sing upon niany inipo. tant and diHlcult ques tions, to wliich thÍK progressicn aud experience Iiavc givon riso. Your own sensoofthe iinportancc lo the ]ublic of your aclion, rendurs it uin neerssary tbr me lo invoko your careful nttcntion to the diilios which will devolve upon bolh branches of tlic logislaturc In performance of thetask imposcd upon tho Exccutivc nt tbc opening of tin: animal session of the Lcgialalure, 1 sliaTl rospectfully cali your attention to the condition of thi: alVairs of tlm atate, aud lo somo of the mattere obviously rcu nnirintr Intriolntivfl consideration.Tlio third scclion of article fértil of 1 lio constilulion requircs an cnurooffcijk)n ofllio inhabitants oltlic Stulc should be tauo n n 1845, prcpnratory lo a newapportionment of senators and roprcHPntativcs. An act of tho legislatura pa.sed at thc last session. dirocled Uking of tho censu n accordanoe witli tlii.s constitnlional provisión, a,ndlhe returns of Üio marshaía an pointed in thc scvcral counties have been made, and will !c laid before you. By these returns it ftppeflra that the. wholü nimiber of tlic inliabitants in tha stalo is lhria hundred and four Ihpusand threcbundred and ten, showing au inercase of populalion sincc 18 10, of ninety twotlioiisand and forly-throe. It will be theduly of thc hgislature, taking these returns as a basis, to apporiion anew the repfepciitaliycs and senators atnöng-the severa! counties and disirir.lsaccording lo tho nuinbcr of white, inhubilnnts. Ia fofming thc senatorial district, tlie sanio art icio of tho constitution provides thai Ihan; shall not be inoro ihan right, nor less lliun tour districls, to be e.omwoi-od óf contigious tciritory, so that each district -hall elcct ün c-qual number of senvlors annunlly, as ncar as m.iy bc. Tho best íñte'rets ofllie public won ld srem to require, in tlie, urrangenioul of tho districts. that snelt territorial división slionld bc made, as will throw togetlier in Lhje sevcral distnets. those eo's. huse inlcrosts wou ld appcat tohciHost idenlical- Hy a dne regard to tliis prccauiion, nnich ill-fenling in lire select ion ot eriators tnay bo avoided, and a more perfect representaron of the interests and wishes ' of the pcople be sccured. An amcndmcntlo thc oonstilulional provisión in regard to the timo of holding general ■ lions, hiiving heen anprnvcd by tvo succossivo Icgislatiin-s, and submittedto tli" pcople f tho state, at tho general elcct ion ih 1S41. was fotind to have been approved by tlicui. This provisión, thus iidoptcd, fixes the time tbr holding tho general elcction, on the first Tnesday in Noveinbor, instem] of the first Monday of Ihat month and the day following. Althougli this amendment was dcclared by joint convenlion of both branches of the legislaluic, on the eeventli of January, 1845, to havo been dtily adopted, yet wo corresponding amendment to tlio clection laws of tho state ht;8 been made. Many of the provisiori9 ot (heprosent statutes on tliis subject are totally inaptííioablo to the provisions of the consl ittilion as aniended, and should be rrpjaled, while othvr ]rovisions, will, it isbelieved, bc found neecssaryin order to securo thc full and convenient exercise of the elcctive franchise uuder the amundinent. Tlio office of Reporter of tho decisions of llic Suureme Court, und Conrt of Chrnsery, wes creatcd by shitntesooti aflur the adoption ofour State Constitution. M any circumstanccs have combincd, however, to prevent tho publication of llio ducixions of tlicso tribumils of justice, at as carly a day os tho public interest demanded, The do.ith of tbc individual who held the first appointinent as Ruporter, and tho resigna' ion of lus succe.ssor, on hia appointmont to anoliicr important oflicc, have contributed lo this deluy. Two volumes of thedueisioiis of tho Court of Chancery have however been published, brotight down to the term of Mareh last. Thc present Reporter has lïow in ])ress t volume of tho decisions of the Suprénie court which il is eXpco. led will, during the ]resent wiiuer, be coinplo tcd andsubiniltfd to the public. Thia. volunto, however, will contain buta poriion of thodeeisons of that tribunal, and probahly two more inay bc required for tho reports of cases alrcdy deterfninod. Tho iinporlance of tho publication of these judicial dcc'sions, giving us they do. :i contniction to many of our statutos, and declaring tho luwonmany vexcd and im. portant questions, which havo beon ably diens?ed by counsol, and fully considored by tlio Court, cannot bc over estimatod. The public intcrests clenrly demand that theso piiblicalious bo contintied, at tbc shortust convenient intervals, and it is understood to be the design of tho Reporter to present to the public, vithiu tho present ycar, the reports of all the cases of im. portanco which have been judicially detcrinined in theso two courts. Agrorably to the requirements of ''An act lo provid; for consolidating and revising thc gon eral laws of the State of Michigan," approved March second, oightcen hundred and forty.four, a eommissioner was appointcd for that purposu soon aflcr the passage öf thc luw. His revisión will bo presontcd toyou at au éarly day. - Your action on this roport will bo among tho moHt arduous dutios of tlio present aeanion. Itinvolvcs a review of all the leginlatioi on tlio nuincmus and important interosts of ihu iStatc, o tho privato rights and dntics of individual t zons - the secu rity of property - tlic remedio t afibnlcd for tlio violation of privato righls, or o the brcach of obligalions ƒ indeed tho wholc ii subject of statuary law is opon lor your a ion. Thnt the general opcraliou of llu: statulo t laws of Michigan, thus far, has been favorable c lo the welfare of the cilizons, and the body pol. v tic, iá so wel! atlested by the universal afety s and prosperily of the country lo adtnit of a tl Defccts and incongruitics have, l er, botui ohsorved in ihctn, and expcrience lias t lonlitlrss sugjyesled many salulary reforms ti which mnyjudiciously bo engrafled pon thuin s With tho work of tho revisor carofully prepured ii boforo you. tho duty of passing upon the a ion in committed to your hands. The greatob 1; joct of govcrnnient and of luw is to secun, the a rights Si happincsy of inilividuuls, and lo do this A in the most simple, direct and economical w ner possible. For this purpos-e, lho subject of p the expenses of Government; and of tho adminig n tratiou of tho laws will deserve careful c tion, It may may wcllbo questionod whether b tho machincry of lownship, county and state v adininistraiion, may not in sonio respecta b: tl s.implified, and som e of the offices be abulisln ! ir without detriment to the public inlorcst. I c ommcd.also, a careful cxaiiiiniilinii of the laws a relativo to the appoinimcnt of ofHcers, with u. ol vivw to connnitling lo the peopo thcmHclves, bi the choico of a largor rumberof the public w vants. A propor graduation of the salaries of u ortïrers sluw ld also bo securcd, soau toavoid giving in any cuse a compensation disproporlionud ii to the labor and rcsponsibilty, and at the'jsame d time lo busto w a roward sufiieicijtly liberal lo c cncble the public to command tho efficiënt ser. t( vices of tho best and ablest men. c In ri;vising tho laws relativo to the jndiciary, c and the procecdings in courlsof justice.cspcc ï.il p caro should bc had to estabjieh a systcm simple p and efficiënt in its opcrations,cconoinicai to the c public, and sueli usshall bebt secure rhc rights a of partios liligant I would also rcspeotfully i recommciid toyour consideration the i ty of dispensing wilh the trial by jury in all v casoe, unless ono of the partics shall öigriify liis ! dosiro to have iv jury callcd in the cune, aiul a t modification of lho rulos of ovidenco requiring I tdo court to hcar autl dntermine the questton of allcgcd intorest in o witness whoao tcslimouy is ofterod iör the jury, anl to excludo him if i such interest bc estaijlishcd. Theso and many i othcr matters which will readily suggest ificin. sclvcs aro wcll worthy tho consideration of Ihe Legisl.iluro, in adopiing A rovfoion of tho laws. Crudo and ill digestcd innov.itious. endungering tho public riterest, shóuldbo rejécted.wJiile al the samo timo, a dui rogard far tne general welfare, requires the adoptiou of all such provísíoufl is inanifoslly lèiid lo advahcë the publit tfood, and secure the c&icnt udininislraliun of justico. The present slatules being familiar lo oui citizens, and many of ihoin huving receivcd i judicial construction, il would be s-ound olicy loretain without alteralion such portions of tliem as are free from objVclion. Exeessivc legislulion, and constant chango in lho statulcs, havo given riso to many mcojivenionccs wiiich havcoflen liecn atlributcd to olher causen. It is lo bo hopcd Uiat tho revisión of lho laws may l)o of such a chiiractcr, asto securu a favorable rccoplion from tho pcupic, and also to prevent in fuiuro thoso frequent and unncecssary allerations under which the public interest always guffers. It cannot bo e.vpcctcd, howcver. that any general revisión can bo adoptcd and go into operation, allhough beneficia I in all its provisons, without occasioning some inconAcnicnccs. Timo will bo requisito lor tho community to bc. come f.imiliar wilh itt requirements and its remedios, and to conform themselvcs and tiieir Inisino-s to its provisions. Itshoiildbc remembered by all, that a full and fair trial of such code. when once adojilcd by the proper auUiorw ties, is neecssary for the public interest, and that purmanency and ctaliility in t'io irovisions of ourstalutcs, are tho best sccurily for individual rights. Tho disasters which hav2 heen brought upon tho peoplc of thu iiumorons banking inMitutions created withiu our limit, hive had tho eflect for tho last few yoarn, lo check Uio grauting of such chartcred privclcgoa ly lo gislativo enuctment. Since our state organiu tion there havo been in oporaüon eleven ban ka undor charters grantod by Ihe iorritor'ial ov ernment, and scvën tinder lho enaoluionts of t lic Slalo Lcgisliitures. Thcrc was also ostablishcd under the provisions of in act to regúlate lianking institutions; opprovcd Murch I6th 1B37. and usnally dcnotninaled the general banking law, forty.ninc assucialions. Dy au act of tho Lcgislalure, approvcd February lütli IÖ42, tho corporate rights and privologea of foriy seven oflhcso banking associations wcro cxpresslv annullüd, and provisión was mado for :losing up thcir afFairs. By nother act of thé saine dato, the acts incorporating all c har te red hunks thon in opuration except lho bank of Si. Cluir, tho bank of Rivcr iivisen, and the Farmer's and Mechanic's B.oi'Michigau, wero exprcssly, nnú by namo rcpealed. reseserving howovcr. t fivo of thcni, the right to retain their cprporalo pc.wers upon cortain spcciiïed torra. Tho Oakland Ciunty IJank has availcd itself of thi.s right, and 18 now in operation. Of lho IJ. niks abovo named which wcro not cinbraced in the lopealiug act bcforo nictitioncd, tho Bank of St. Clair has ccascd to do business. Tlie Midiigaii State Bank, anl the Bank of Michigan, it is undersluod, still claim a corporate existenco, notwithst.tnding the repeal of thcir charters by ihcactabovc rclFerrcd to Tho report of the Attorncy General, Upón whom aro now devolved tho duties formurly pertainingto the office of Bank Coimiii ssioner, will bc laid before you, and will exhibit tlio bituation of tho hanks, fivo in mnnber, now do. ing or claiming to do, a banking business in the state The power of lho Lcgislaturc to repeal thi goneral banking law, or to anuul tho corporate oxistenco of any association orgahizcdandöV it, has not been qucslioned. This right isèxprcssly reservod by tho terms of the act. Tlio power to termii.Qle thocxistcnccof a Corporation derivíns ils powers from a special charlt-r, by lho ropeal of the act of incorporation, whero no such power is exprcssly roserved, presents a different quostion. Undor tho wcight of numerous judicial authoritics in tho Federal and State courts, tho Supremo Court of tho State have held that ihe act abovo named, purpoi ting to repoal tho special charters of the bank cnumorated thercin, is uuconstitutional, and thorcforo void. TIn propor method of liccoiuplishjng the samè objeets, whoro corporalions havo viola tod tluir charters, is, hy a judgment in a court of !av or decroo in chancery. The power of the Legislulurc tbeirriplily tlio procócdiirgs in cases ot allcged viohitioM, cannot tio doubted, and I reccommend to your eireful revisión, the law upon this subject. Special privcleges, or oxernplion from liabiliiy.grauted by a charter lo au ussooialion of individuáis, which, as mere individual citizens, tho samo persons would nol pösaesa, should bo held under tho strict lurnis of thoir grant. Any violation of its provisions, or manifoM perversión o f tho powers conferred, or any uso of thcni not c(nttmplatt:d by the cbarlcr, should bodeomod a forfaiture of all such rights and powers, and the mothod ofenforcing this forfoiluro nhould, if possible, bo mado as direct and simple as the most ordinary proeccding toouforco legal individual right. Bcsides these existing hak charters, (nèra aro on our staluto books, many otlior charters granted forvaiioMs purposes, o sonjo .of which fbrJciture of lho charlcrud privoli-gos had been incurred by non. user, and in olhors by rqisuMr. In somc of iheso cases, the power to repeal by legislativo enactmenl is reserved by tho charter itself. In Mieh cases it should bo promptly o.erciscd. lu oihors, a siinplilii;atÍQn oí the proeïaedinga to obtain a judie! ibríujtuvc wouli secure iheir spcedy dolcrminaliuu.Mv own clear conviclions of the inoxpcdiency u f charters, for whatcycr. object, b cd, to rema in in force yenrs aftcr the object of !a .he assof.alion is rclinquished by those who yj btain tliem, or a forfoiturc has ln:on incurred, ? iitluce mo to press tliis matter upon your serioua I iltcniioii. Wc havo alrcady too often wiihessed g, lio led corporations, wliicli had long O ensed to do business, and which bayeoceii re. ir 'ivcd greatly to tlic public detriment. Upon no 'i ubjccl lias public opinión boen more pfrógrèssive -.1 lian upon that of corporato powers and privi. rj eges. Evcry instanoo of the purvorsion of n.i lioso powers, cvory faïlure f Üuch corporutipi) st 0 n;cct its pecuniary liabilitics, and every inilance u wliicli powers tlius granted liaw nfringod upon individual riglits. havo taught u 1 leS8on of caution. The sad experience of the il ast twenty yonrs, lias surprized the must ardeni N dvocatcs of sudh institutions, and givon the '' Vmcrican pcolo a knowledgp upon the subject vhieh lias wrought a wor.derful cli.mge in v mblic ncntiinont. Ho would liltlo deservo the lanic of patriot, who huving tho public inlercsls ,j: ominiiled to his charge, nkould fail lo profil ■ y the light thus shcd upou his palh. The g orioua safpguards. once deernod ampie to securo o lic pcoplc froin loss, have proved to be tot.illv nsuificient for th;tl purpose. Check aftcr ', heek haa been t r 5(1, and ciill ncw Hmitalions '■ nd rcfctrictions are found neecssary. ft ivf hen BJ bviously important lo loavc upon the atatule ki ook no obsolete grant of special privclojje, gj wliicli may bc asHiimod by individúala at , re, to tho manifest injury of the connnunity. The exporicuee of Michigan has boen such ct ii referen ce lo banking incorporations, as to e er it doublful at least, whether tho public good vv an bc subsorvud by auy atlciupt undcr tho foscring protoction of lugiskitlve enactiucnt, to :roalc a p.iper substituu íor a gold and silver P; :urrency, or to give to tho banking business the tti rivilcgos ot' especial charter. The ruinousevils t( rodueed by au iiillutcd und changeablo Lj :y aro uñdeniablo. Of tlió sixiy-scveu bauks md banking associations in opcriition sinco our 'l State organizulion, wilh but a singlo exception ion o havo contiuucd in constant opcratiuu and t ivith untarnished credit. Most of them have r lecórrïo bankru])t, thir assetts Jiavc pasaed into Llio hands of recoivors, their charter:d right havobüconie fbrfeiled, ond tliuir paper lo a vust 1 umount has proved v.iluc:Ioss in the hands of 1 our citizens. Tiloso circumstances, stil fresh in our meinory, affbrd liltlo tnduecnient ag;iin to cnibatk in tliu bazardoua experiment. Thoy slioul'l at least hdiuonisli us to peculiar cantion in üstcning lo any application having lor its ! object the gr uiting of such privil-ges. In conuection wilh this snbjcct, I would a'.so , cali your attentiou to the fact, lliat, under the present law, any individual creditor or ' liolder, moy file a bilí in ohancory agoinst aeorporntion for a violatiog of its charter, wilh a view to obtain n idecreè of forfoitur-j" Tlieac procfedings by individuals, aro usuallv instiluttd for the purpose of obtiiining Siitifaction of ome private ciahn, and may bc disconlinuod t tfe plèhsure'oF the compfainarït. 1 would resicctfnliy ïuggest, that such proeccdings, having br thcir object n dcerec of forfcilurc, hou ld le comincneed at the snit of the Altorney Genoral only, or at least, when commenccd by a private iiu'.ividvdl, that notiec hould bo givcn to that ollioer, and a discontinúan co should not bo liad without his approbatSon. During tho past year, thirly-scven convi:ls have been reeeivvd into thi: state penitentiury ; thirty-fivc have been dischargod ; four eecapcd, and one deceased. The wholo nümbér of [iris. oiiits at present, is oue hundred and ninetecn. Tliore hap been drawn from the troastuy during the ycar, for the support of convicts, and for the salarie of otKcers, thesum oflhirloen tlióusaud, ono hundred and thirty-lhree dollars, and twenty-onu cents, There have also been expended for the same purposc, sums reccivcd trom con. iractors and othets, for convict labor, as reportcd by tho agent, amounting to .six Ihöusand nine hundred and twcijty-two ilollars, anO sevmi tv cents. Total enxpenditure, twcnly thousand and fjfiy-five dollars, and ninoty-one cents1 The n-ceipts: from this bourco have been a follows. viz : Ucccipts froin contractois and otlr ers, for conviet labor, sis thousand, iiie liun(Jrod and twenty-two dollars, and sevor.ty cenú' valuó of iabor of persons on the walls and build ings, as cstimated by the 8 gent, four thousand, four hundred and twonty-fivo dollars, and ihiriy bc ven cents, iiaking tho whole siini of recoipttt. elovco ihjOilsnndi threo hundred and foriy.eigln dollars and seyeil eeuts. The excess of e.xjjendituro ovor iucoino is thus shown to be oilii thpusahd, sevcn hundred ondiöYeri doHars, and cigty-lour cents, Tlie prison wall lias beon com. ploted witliiu the at year, and llio baöenionj story of tho centre building ofthü niain priso'n ha been erecUftl accordiug to tho plan herol'o. foro adopted. lL ia expected Ihat Uio building will be nearly complolcb dnriiig thu prcsoiityoar and thut liltle furthcr ex [.end i ture on the prison buildings will be required for se vera 1 years. Tho annuoj re)ort& of tho Adjutanl tioneral and Quariennaster General, are herewitb trans1 millcd. Tho total nunibur of men eurolleci ia the mililia of, including ofllcers, pri1 vates, and ïnusicians, is sixty iiousand nine ■ hundred and live, Tno quota of anns apporlioned to the state for the psst yoar by the foder1 al governinciit, nmounting in value lo seven ; thousand nino hundred and sixty dollar6, has been reccived. Tho apportioHir.ont of forincr years, from the snme source. to tho umount of lliirty thousand dollars in value, have been dis■ tntmtcd, according to law, among the volintcí:r i oonípanies of the state. Somc furthcr provisions ' for tho safe keeping and preservation of the anns furnishcd by the United States, and for thu 1 return of thoso aheady distributed, may be found ' uecessary. ■ The enáctnicnta now in force, providing for the organizatiou and disciplino of tho miliüa, aro helieved to be so oonfusod and imperfectas 5 lo requiro earelul revisión. The provisión vvhicli rt']iiircs of the rank and filo of the mililia, the a dulicu of general inustor nnd training, while - nnposing a heavy lux, is bciieved to lead ti the acquisition ofliltle or no military skill. Muny t of the statcs have alrcndy ttbolishod llio systeiui The principal objticls to bo uttnincd by legi. ï lation on this subject, lo inc lo bc, iirst, UT secum the cnrolhncnt of every përsón i tho 1 state, Hable to do military duty ; secondly, to ná'. 1 pose thp least posaiblë duly in time of poaec, on llio persons cniolled; thirdly, to provids a sys tem by which thoy may bc anncd and cqnippcd J and callcd out for discipline or st1 rvico in of 3 necessitv ; and linally, tp.öncpurage by 'liberal and judicious provisions oC law, the organization ■ and discipline of volunlecr companics. By a J SyBtëm einbracing these simple objocls. it is bc■ lievtd, an eflieicni organ ization may bo cstab. r üshed ; onc which sh ill bc in strlcl decordauco ■' wilh our pcacefiil habils, and at the s o time securing tlie patrioiic services of tiie eiiizen ' solduTV of lbo state, if unfortunutely ny eniür" gency should domand tliom. Tbc annual report of tho Comniissioner of the Ötate Land Ollicc will bc bid boforo you lv 1 thutoflicor. The linds bolonging lo tho stnl'o, and thosc under its control as a trust fund, en1 sist of tho primary school lands, the uuiversity ; lands, and asset Urnls. All these lands, oxcöp ling the last mentioncd, wcro bestowed by the ■ United iSiütes govornménl, for tho purposca ini dicatcd by thoir sevcral ilosignalions Tke as1 set lands are such as havo beon reeeivod in pay- ï incut by the state from sundry d(!btora. Tho j dos criplions sold during tbc last fiscal year, was ono hundred and eighty-four thousand eight 1 hundred and tuo dollars and sevon cents'. Of llio ustot landts, sales have been mado unountinq 1 lo live thousand and Iwenty-four dollars an1 1 two cents. The unsold lauds of tliis ■ class are scalturcd thróugh many ofthecoun' liesof thcftiitu. nnd are cffered for silo at an appraisal, cvidences óf &talc indoWcduess beiltg reccived in payinont for ihoui. Tiio totaj ap' prálsed valuó oi' these l.mdn remaining unso.'d, is twenty cight iiions.ind ouo hundred and soventy two dollars aud forly onc cents. Tlie intornaliiprovoment lands comprime a graut of fivc r undrcd thousand acres by Congres. Of these f xnds, tliero havo been nold during the last fi.scal car, 80,5(i2,7.0(Hh acres, for the N 0 73, prineipally in land warrants. Tlrc ' till reina in. to be selcctod by tlio statu on tho v rant abovo montióned, 7, l0",")9-lü0tli c )f the quanUiy scleclud, thcro havo been sold i all v(M,-3 VJO-lOOth acres, and thoro remain iisold 2-5,G7l,5l.i00lh Thero have Isq pcon sold dnring tlic last fisícal yenr; prima, e y school :ii(ts, to tho ninount of :I3,1J2 CO, i niversity lands to tho ainonnt of $íi7,:j8l, and a Lulu building lands, ainountin toii;0,7.2 üO. ';' Ari act of tho LcgisJatuyc, upproved March J 4lhvlíü, próvidos for tho of tho salt e prrng latida, wliL-n Congress sha!l aulhorize tl bc siute to m;iku such a disposition of thutn. j] 10 sueh authoriiy huving as yet been givon, i olhinL has been rcaüzed from tliis soureo. Xlie subject of common schools is a ersally aeknowledged to be one of n 11 interest in eyèry free government. - 'he liberal reservatión by the general P overnment of section sixtoen in oach ll f the townships of tho State, for that ? urpose bas enabled us to secure a fund ?f lat wiü do muchin support of our J ion schools, and for the diflusion of novledge arnong the youth. of the ' tate. Tho report of Superintendent f Public Instruction, will give tho " assary infurrnation on the important Í? sets coming within his supervisión. The hule number of Echolars that have " sneed tho common schools during the n ast year, is 5,770. Of these. 60,253 " re betwoen the ages of four and eigheen years, 2,289 under ibur years, and t,'22ö over eighteen yeai's. There are ilso in tho State, 20,703 persons in the " state between the agos of four and een years vvho have not attonded the lüimpon schools ; tho whole number of jhildten betwoen four and eighteen ? ing 90,000. Tlio amount of school ' rest money distributed in tho last yoar, A for tho suppurt of tho schools, 822,113. c A provisión bavirtg been made by Congress, May 20, 1820, by which tho State was authorised, when the school section in a township was fractional merely, or entirely wanting, to select othor lan'ls to supply the deficiedcy, the State Goologist was by act of March 1, 18 ló, authorised and reijuired to ascertaiu the quantity tlius deficiënt, and to report the samo to the Leqislature, at the present seösion. This duty has been performed uneer tho direction of the State G'eologist, and the result will be reported to ynu by the topographer, to whose charge, sinco tho death of tbo geologist, the documents relating to the same were committed. These returns contain maps, and complete descriptions of all the fractioal sections of common school lands in the lowerpeninsula,and of lands which have been located tosupj)ly such deciency. The quantity of land to which the State is entitled, for such deiiciency in the lower península, is 29,72ü,GS-100 acres. This added to the quantity of entho sections in the seA'eral townships, and also the fractional sections, gives for tho whole amount of school lands in the lowcr península, 759.518 09-100 acres. The quantity of school lands in tho upper península, is eVtimated at ó30,181 31 100 acres. The whole [number of acres of school lauda ïn the State, is 1,140,000. The minimum valué of these, as fixed by law, would be 35,700,000, yiolding an annual ititeresr, at even per cent, of $39U,000. A cale of all thrse lands. at the present iitiinimum prico of tive dullars per acre, is cértaiujy not at preseiit anticipated, and may not takc place for many years. yet tho statement exhihils u noble fund, from which tho amount actually realised is novv very considerable, and must continue groatly to increasc. A wise provisión of tho school law, in counectiou with a requiremer.t of the constitution, dosigned to promote the same object, has laid the foundation for valuable township and dislrict scnool libsaries, and dnring tho past year many such libraries have been establislied. A more effectual method of fosteringa taste for reading. and a thirst for knowledge, md of diffusirig iritelligence an3 enlargcd views of moráis and patriotism, could scarcely be devised. Their iníluenco is at tho tiro sides, and in silence, yet it is I an influence that will do much to elévate the people of Michigan. Our State University, althongh it has been in actual operation leas than five years, bas aheady given a promiso of gréat usofuluoss, and a-sumed a rank as a lilerary institution, of which Michigan may vvell be proud. There are novv connected with the University seventy students. The ability of its professors, the extensivo library and cabinets, and the liberal principies upon which it íb conducted, are constantly attracting students to its halls. Tho fact that no tuition fee is charged to any resident of the State, opens its door to all, and makos . riowledgo litorally free. Tho Unive.isity fund at an eaily day of its existance, became iixlebted to the . State for a loan of $100,000, and the interest of this debt has been h'quidated from the interest received annually on the fund. The acts of thu Logislature i approVea February 28, 1S41, and March 11, 1811, auteorised tho State Treasurer . to receive certain property, and State warrants belonging lo llio University furu!. and to credit tho same on this loan, ■ and also auihorized the sale of the Uni' versity lands for internal improverncnl warrants, which vvere to be paid into the ' State Treasury, and crediteci in like man nor. Tho effect of these provisión-; havo bofn materially to aid in relie ving ! th( fund from its embarrassments. The amount received by the State uuder these provisions, and credilod lo the U" niversity fund. is 650,774 14, léaviiig due to the State fromHhat fund, for principal, $43,225 80. The amount reccivod on this fund during the past fiscal year, for interest on account of lands sold. and on lóaus, was ?9,724 74. Dedücting from this sum tho interest due the Siato on tho loan before mentioned, ubuvo the interest allowed on warrautamiel in, the available for the past year is ' bund to bc Sü,l3B 39, while in 184-S, it v vas butlittle over $1,100. Tho L assment of the f umi haa oceaMoiied a 0 viihdraual of pecuniary aid from most S if the branches of the University. Six P if these branches have been coutinued L n operation, three of whicli are support c (1 entmly by the auails of private tui' ion ; to each of the othors, tho sum of '■ 200 hus been ollovved during the year. s -'he number of students in these ", s, and in the preparatory deparlniunt of i !ie University is 39G. It is to bo hoped liat returning prosperity may again " Ie the Itegents to aftbrd them uch aid s nocessity and good policy shall c ïand. v Tho geological survey of thh upper fi eninsula having been corapleted sume " me siiice, the final report of State s logist, upon th'3 portion of the work, it c ) understood , was nearly ready at the o ist sessioh of the Legislatbre, The oisof that oííicer lor the lat tvvo or v Iree years have been devoted chiefly to e e survey of that por ion of our State f rhich borcers upon thd waters of Lake uperior, known as the Upper península. 'he geological survey of this región, t ras so connected with a lineal, euivey i ïade by the geologist under a coutract r rith the United States, asto occasion ' Ie expence to the treasury. The reent melancholly diepensation of Divino 'rovidence, in thesudden death, in tho f nidst of bis labers and his usefulness, e f the faithful and efficiënt ofïicer, who ) tas held this appointment from the íirst t rganization of the geological department, v'üU it is feared, throw many diffieulties n the way of making available all the aluable information acquired in the vari)us surveys and examinations. No report of the labors of the Geologist for the past season will be made to you, nor is any person authorised to complete or finish the final report on the lower península, which is understood to be nearly preparad for the press. Many valuable engravings have been procured for this work, and much expense has already been incurred. I respcctfully commend to the Legislature, that such mcasures as thcir discretion muy díctate, be taken to ensure to tlxe publicso far as it can be done, the full benefit of the materials of this department. expenses of Geological department since itsorganization, including the salaries of oflicers, aniount to 50,779,02 The expenditures orr tho state salt springs made under the direction of the department, in connection with the surveys, amount to the additional sum of S33,996 95. The Geological surveys have abundantLy developed the resources of the State, and exhibited the fact, that in agriculturnl and mineral wealth and in all the elements of true prosperity, Michigan possesses advantages excelled by no other State in the Union. The embarrassed cond ilion of the treasury admonishes us, however, to avoid every expenditurc not absolutely indispensable, and I submit to your consideration, whether the duties of this department are not now so far conipleted as to render it expedient to bring them to a close, after making the necessary provisión to preservo the information already obtained. The proper action on this subject, however, must depend rhuch upon thecondition in whicli the aflairs pf the department upon irfvestijgatíorí shall be fouhd. A pontinued examinaiion of the mineral región oí' the upper península muy bc found desiroble, yet as the lineal surveys of the United States will un([uestionably 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 comparan vcly trifiing. Tho mineral región williiii our territorial limit on tlio upper peninsulu, has, within Ihe past year, assunicd an üicroafcd valuo in iniorUincu II) iho ublic oslinialion. Mucli timo, labor and expense, must nccessurily bfi required fully to devtJopo thu rct-ouruos of this rt:gion, but with the liniitcd inforniiilion alroady poseosscd, it begins to bc rc;arlcd as ono of iho ncliost ininerul countries of the world. Tho minos already ooened by individual enterjnze have furnishcd tlin richet ores of ron, coppur andsilvcr. Thoir valne and cxteiit rcinaiu for future operations to ascertain. Enough is alrcady known t giro additional inlf rest to this secüpn of our stulo, to opn now fielda for in" duslry and enterprizo, and to require thu t:arly attcnlion of tho legislature, to tho important interest rapidly growing up ia this woalthy; yet hitlnto uninhabiled porliou of tho commonweallh. From tho best infonnation to bc obtainod, ihere aro rcmaing in tho min ing country during the present winter, soine three hundred men. - This number will undoulitcilJy bc much iucreas. ed on t.ha openine öf tho pp ring, ;md therc is reson to believotnat a pennanept and constant1 inercosing opulatit'i) wi'lsoon bc (stablishcd thcre, in the pursuit of mineral wrealïH. At present, thus wholo región is wtlliin the juris. diclion of Chippewa connly, for the administration óf jusüco, yot in coiisequencc of its rreat distince from the county sent, and ot the fact that therc is nol an office of any grado appointid under the -stat; aulhorily, rcflidlñg m the wliole región on the south shoni of Lake Suporior; tliat éftunly i dtpnv:d of tho bencfito of eqverpment'. I wuuld ihunforc rospectfuUj reeommend the orgimiz-vlion of onc counly in this lerritory, or more f found lu be reijuired Ij y the ijublie nleresl. Although the lauds in the Ujipor Peninanla havo bi-cn eeded by theindians to he üintel t., thu aurvejB ro yel iricómplcio, and no pruon or Ihe lerrilor.y haa been öffercd fur sde. I ho present oecupanls are underslood to hold their riffhïs under loases from ilie L'niiod lütcs. Iho ioMsing from the general gorerniDéat of lands wïtliiu tho linjit ofMicbigain, introduces a poli. v ivhichniiiy e8onlially ntlbct uur righl, mvolve üs in qucKlions of conflicUng jnrudielion. and estabhsh a pennanout tenaulry within our border. Tho powor to grant such leasos, depends, it is uii(lerslool, upan tho provi ions of the acíol C'i)n:"ss. appr.ived Maruli 3, I8U7. Tliirf -'Cl ,:jilit:.-vto lend mines cMily, and is confincd to thoso within tho lndiau ic.irntory. ii 's difli cultto conccive how tho power lo leasothecopper, iroii, and silvei mines io this tale, can be sustaint'd hy the provUions of thin act. Tho action of Cpngrew, lindar tito recom inendaiidii of tlio Pr( pidont, at il'a presen!, es. sion, will be looked for with greU intorosl. A fair conslruction of tho righis of tho staic, undor Iho act of June l-, 183. admtting tiie.-ovrei-nly of Michigan over tbc ariiloiyion, and to sill i u vacant and unxold lands 'illiin lier liiniis, but providfrfg (with this oxfplion.) tliat tilo Biibj'-'Cl o t mliüi' lands should e regulatod byfulurc act ion bctwoen Congresa n the nrl Uniicd Slnt's. nd -jlio said lyteof Michigan, in my opinión, precludcs thn owerof Congicns to estubliidi system intendd iu rctain tlic lands in perpfiluity, froc froni ixation, but occupiod by tenant, without the uiiseiit of the state. But without discussing tho power of Congrcss1 ) tho premisos, the injuglirc to tho State, of uch (cginlalion, and its nexpedi-nc.y toso far s tbc interes of bol h parlies are concorned 'ould ücc-jii lo bu a suiíicient safi-gunrd uguiii.t Tlic recent exporieiice of a nriliberin stalo 11 which Itirirc Iraels of country are held undcr L'asu hold tenures, adinoiiislies us of l.'ie cvia rhich 8uch a fysteni iiiight entiil npou us. If ombinalions lo res is t tho lawn of tíiut slao ctü ablc for a time to set th authoriti''s al doidiice, and crinie of tin: decpest dyu v:ro com. nitti'd for tho accompliilmieul of such opposiion among a tenantry engaged in thequiet puruils of agricultura, should wc uut havo much iioro to apprehend from a tonuutry f-caltered, ver ths mining district, pursuing :i more haxrdous business, tired willi the pit of adve.nure, and ongaged in tho Klrile for wc.ilih ? Tliu cry genius of our governnit r.t soeku w ,„..U vory man a freeman, and a frceholtlcr. The act tliat the United States would bo tho looscr f such a lenantry, niakes the m Uier still moro 'bjectiouable. Tho title of the tesso would Ik xempt from taxation, while the property of tho cnant would bo subject to it, Tliis dividcd ntcrest, subject to taxation in part, and iu iart exempt from it, would present many ques. ions of difliculty and cmbarru&smeiU, tvhich hould bc avoidcd Tho pruposition to sel) Ihc to individu. Is, reaerving tbc mines upon liicm, or a spcei" ied portion of the proceed.s, would cein to bo qually ohjnclion.ible, It would bring wilh it 'oluminous legislation by Congres, ou the new ights and dutics Ihus creatcd, aix't would lead o similur diflïcultius and cmbarrasuDQnts. No law of the fedcrul government has provid. d f;r a general reservation of lands coillaiqing ninerals from salo, and no salo of land, it is bc. u:ed, bas been made, reserving the minerale ihereon, or any part of Iinn, to thé gevornment. On tbc conirary, lands contkining rou, coal, Icatl, and probably other miiicruht, have been disposed of ly sale, and pateotsgiven conveying to tbc purchaser an absolute titlc ; und no rcason can be conceiyod, why ihis )ortion of tho public domain should not bc disposcd of in like marmer. The systcm of leasing the lead minos by tho United States, so far as tho experiment hus Ixjei tried, has bien fouud both unwisc and ünprofilablc. For tho four list years, tbu aiiiotint of rc ceipts from this source, is reportcd at j,o54 74 while the expenses incidental lo il havo boen S;.G,lll II. The lead mines in Missouri, weru at onc lime leasfci, bul remouráoce was made by that slatc. and, by an act of Congrcss of March 3J, I.-29, the landb Tere súbjeetel to salo like other parts of tho public duin in. It has been the intciitiou of the slaie authoritics to local" tho balance of the lands alroady granted bv Congreüs, and not yct heiected, ou the more valuable portion of ihe northern península. " The syalein of leasing, in many instan ces bcfore the survo. h are cóiupletcá, has the Undency to proclude the fis 11 benefit of choico selfctions in that región. The territory contnincd iu ths iniuwig rogioa was ceded to the United States, by trenty con. cluded i tli the Cbippcita and Ottawa Iudians, Oclober 4. If4"i. The second artielu of this Ireaty provides that tho Imiians shall "retain the right of luinting nn ihc colrd territory, with the other usual priviliges 'of oecupancy. until requircd tobe removed by tbc President of the Uuiled S lotee, and that the laws shall be contiiiucd in force in respect to tbc trade and intercoursc with the wbites unlil otherwiso ordered by Congres.'' The act of Congress regulaling trade and ntcreouoe with the Indiau tribes; pased June 30, It34, under the con cohsiruction which bas bi-cn given.and thoreg. ulations made by the departmnt, if valid, inuicrially interfrres witb a fulí exerciseof tato jurisdiction within tbc ceded ternlory. .iltlionli within our acknow)edeil limils. The attonrion of the Leginlature Was callcd to Ibis extraordinary )rovision of tbc tioaiy, befori'. ïU ratiiina.. lioa by the Sonate of the United Siatcsj, anda resolution poiiseH, Jahuary 21, 1-43, instrucling our senators lo use their cxerlion.s tu havo this objcctioiiai clautte cxjiungiul. And aiuiiii. aller its ratitication, by a rexolution of March3l, 184"). the icsire of the .statu tliat all such jurisdiclion might bo terniinatcd was expressetl. Jnsticc to tho stnte, undoulitedly reu u iros a rmnoval by Coiifjress. of all obstados to the pftrfcct enjoyruent of a full cxerciso ot' sovereignty over our entire lnnits. I rcspcctfully oommend thow niatters to your aUeiiHon, in the belief that a proper representa, tion of the views and interest of Michigan, on theso subject, beftrrd any prncticai ditficulty hou urisen iu regard to theai, will secure such acüon by Congress as shall fully preserve every rigbland inlereat of lho"slate, aud preventany ijucstion wliicli may threatcn to disturb harmo. ny of feoüng boUvoon tbc pariietr. Ijcgislatioii by Congreso, of ihc character hcro indieau.-d, relativo lo llio mineral l&rrds, nced not aud should not be pernu'tted lo injnre the interests ol thosc who have alreatly laken leases. - Their rights may notonly be pro lee tod by government, but interets m.iy b; .securod to thein witliout detriment to the puldie, whioh shall bo more valuable than llie brief and rent-laxcd tonures socured by thcir leoseë. The rporfsof Iho Auditor General and Stato Trcasuror, exhibit ihe finanecs of the átato, its expenditurcs and resources. Tho wholo amount ofrèceipti inlo thcTreusury, during the year, ia $337,628 10, and the amount óf oxpenditures ia 355,160 26. The balanco remaining in tbo treasury, at tho end of tho fisóal year, was 18,892 81, which consitod of l?,tJ4Ü in treasury nolos, and 1,252 81 in coin andcurr.-nl funds, The resources and liabililics of lbo state are nrraugcd undcr four goneral houds, viz : The gen(.rnl fond, the internal improvcuicnl fund, Üio trust fund, and the CKiitintiil liabililius of tho State. The last twodo mt requiro present no. lico. Tho lolal auiüuiil duo iioni llie general fund is S272.789 37 The resourres to meet the liabilities of this fund are as follows, viz : ÜnsoW state t.ix lunds, noniinally klïfiSli -ay 4,000 00 I,imls niiridoeincd, Mild lo state at lax ales óf 184 1 and 45 C3.561 04 Unpaid taxesof 1844, above balances duc cerlain counlies on account of naine 18,000 00 Due from sundry cöuriües, boaides taxes of 1844. rolurued aud credited lolhcm 30.1G5 01 Interest past duc on áorcdéeined lands and unpaid laxes bclonging tothofcUte 1.000 00 ltesouu-es of general fund in addilion to amiiial staie lax, &c. 135,726 98 Thü agjri-gate valnaiion of proporty in lbo Btato in 1Ö45, was 28,932,0117 59. 'Hie Btate tax levied for that year was 72 3U 5 Í23. Tbi amount will bc due to Llie treasuiy alter the lïrst day of 1-Voruary not, and wül, vviieu received, go mío the general fu ml. The aggregate ofcounty tuxi.-s levied in tho slale the last yuar, was Ji59v753 31 Half nuil school lax 1 3 ! Uo.ul tax I80.7Ö9 70 The dubt duc from tho interna] iiuproveroeiit fund, iuclüding interest to JuJy 1. 1845, is 4,' 121. 720 79. The rebources of lbo stato which are properly .ip!icdt.lo (o llie indeblednes of thits fund consust of tho Central and Southern Rail Road, with theif stock, aad fixtuics, which, with '-


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