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Brought forward,

Sept. 19. Cash received, balance of interest on Oli

ver Newberry's bonds, up to
the 1st July, 1838,

6 per cent premium on $200,-
000 bonds,

81 days' interest from July 1st
to this date on $50,000,

$2,250 00

12,000 00

675 00

25. To cash deposited in bank by Amos T.
Hall and Thomas Clarke, collectors of

14,925 00

tolls,

2,147 21

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2,716 12

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2,684 26

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2,595 94

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2,881 53

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3,315 20

Nov. 6.

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2,425 49

13.

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2,412 01

20.

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2,169 61

27.

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1,863 59

$87,586 74

To balance brought down,
To the following sums received of Bank of
Ypsilanti, in settlement with that bank
for funds deposited by Thomas Clarke,
collector of tolls, as per certificate of de-
posites placed in the hands of Attorney
General, viz: certificate of deposite in the
Michigan state bank for

G. H. Tracy, cashier, for draft on the Ca-
nal bank, Albany, due Jan. 1st, payable
to order of T. Romeyn, E. Brooks and
J. Woodruff,

Thomas Romeyn's check on Bank Ypsi-
lanti, for interest due on settlement with
said bank,

Dec. 31. Cash received of Amos T. Hall, collector

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CR.

June 20. By warrant favor Phoenix bank, city of
New-York, for interest on $200,000 due

the 1st day of July on state bonds sold
O. Newberry,

Nov. 13. This amount of certificate of deposite in the
Bank of Ypsilanti, by Thomas Clarke,
collector of tolls, delivered to the Attor-
ney General for collection,
Balance carried down,

By overcharge of 51 cents reported by the
collectors and the amount deposited in
the bank to the debit of the State Trea-

surer,

Dec. 24. Cash paid warrant favor Phoenix bank, N. Y. for semi-annual interest on $200,000 state stock sold O. Newberry,

31. By balance carried down,

6,000 00

14,998 44

66,588 30

$87,586 74

51

6,000 00

80,562 20

$86,562 71

ROBERT ABBOTT,
Auditor General, S. M.

AUDITOR GENERAL'S OFFICE,
Detroit, 1st Jan. 1839.

The whole amount of tolls returned by the collectors on the central railroad has been placed to the credit of this fund as stipulated by law, and could not legally be diverted therefrom. On or about the 16th day of August, the then acting commissioner made known to me that the funds in his hands, arising from the running of the cars prior to the appointment of collectors, were exhausted. In this state of things, I concluded it was best, as long as there appeared to be a profit in running the cars, I should draw warrants on the treasurer for the expenses on proper certified vouchers of the acting commissioner, a statement of which is hereunto annexed, and I beg leave to suggest that some legislative action should be had in the premises for the payment of the expenses incurred hereafter.

ROBERT ABBOTT, Aud. Gen. Reference.

Amount of tolls, $64,182 66.

Expenses for running cars and repairs on road, $27,243 31, which, if abstracted from the amount of tolls to the credit of the sinking fund, will leave a balance arising from the revenue of the road of $36,939 35.

(No. 15.)

Lansing B. Mizner, Acting Commissioner, in account with Internal Improvement fund, for advances.

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Dec. 31. By amount of vouchers allowed from June 9th to June 29, and from September to 31st Dec. 1838,

Balance due by L. B. Mizner, carried down,

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$5,000 00

$528 00

$4,471 03

528 97

$5,000 00

ROBERT ABBOTT, Auditor General.

(No. 9.)

Bank Commissioners' Report.

To the Honorable the Senate and House of Representatives of the State of Michigan.

The undersigned, Bank Commissioners of the State of Michigan, have the honor to transmit herewith a report of the affairs and condition of the several banking institutions of the State of Michigan, together with an abstract of exhibits and other documents therein referred to.

January 18, 1839.

Very respectfully,

K. PRITCHETTE,

A. FELCH,
D. V. BELL.

To the Honorable the Senate and House of Representatives of the State of Michigan.

The undersigned, the Bank commissioners of the state of Michigan, in obedience to the provisions of the nineteenth section of

the act to create a fund for the benefit of the creditors of certain moneyed corporations, by which it is made their duty, "in the month of January in each year, to report to the legislature the manner in which they have discharged the duties imposed upon them and to accompany such report, by such abstracts from the reports made to them, and by such other statements as they may deem needful," have the honor, conformably thereto, to present the following

REPORT:

The manner in which they have discharged the duties imposed upon them, being the first branch of their present duty, will claim a brief attention, before entering on the subject matter of their report.

The peculiar embarrassments which they have had to encounter, and the weighty responsibilities consequent thereupon, clothes this duty with a new character. It becomes an act of justice to themselves, and to those who have honored them with so important a trust.

At the period the commissioners entered upon their labors, every portion of the state was flooded with a paper currency, issued by the institutions created under the general banking law. New organizations were daily occurring, and the public mind was every where agitated with apprehension and distrust. The state was in the midst of the evils consequent upon an excessive and doubtful circulation. Rumors of the most frightful and reckless frauds were daily increasing. In this emergency, prompt and vigorous action was imperiously demanded, as well by the public voice as the urgent necessity of the case. Upon a comparison of opinions, the commissioners united in the conclusion, that their duty was of a two fold character. The first, and most obvious one, was to take immediate and decided measures in ascertaining and investigating the affairs of every institution suspected of fraud, and closing the door against the evil without delay. The second was a duty of far more difficult and delicate a nature, and involving the assumption of a deep responsibility.

The public interest seemed to require that some distinction should be made between cases of wilful fraud, and those of a mere violation of the law. The first class could proceed but from one motive; the second might arise from misapprehension of the law, inflated views, error, ignorance, and various other causes, not the least of which were the pressing necessities of those, who being largely indebted, seized the opportunity of present relief, with the expectation that a short delay would enable them to realize the means of redemption.

In those cases where the commissioners could induce securities to be given, and excite vigorous efforts, with any prospect of suc

cess, to withdraw their excess of circulation and render certain the final redemption of all liabilities, they considered it their duty to the public to overlook former irregularities, and allow and encourage the banks to sustain themselves, and those engaged in them, to preserve their honor and character. This conclusion was based upon the fear of the dreadful consequences which would ensue, should the vast amount of paper money in circulation be left suddenly in the hands of the community, with no prospect of redemption but through the tardy aid of the laws.

With these determinations, the Commissioners commenced their labors, and traversed the state in every direction, where public apprehension, or private information, pointed at fraud. The result of their first efforts was placed in the hands of the legislature, and is on the files of your honorable body.

The second branch of their labors has anxiously and painfully occupied them until this time. How far the gradual withdrawal and redemption of a vast amount of the circulation-the valuable and ample securities obtained, by inducing a compliance with the amended laws in many institutions which they have subsequently found it necessary to enjoin, have justified their interpretation of their duties, and the responsibilities they have assumed, is confidently submitted to a candid consideration.

Had the Commissioners confined their sense of duty to the strict letter of the statute, their task would have been comparatively easy, put in no jeopardy their characters and reputation, and restricted their efforts to a less expensive and less arduous service.

The injunctions obtained within the few last months have been numerous. This arises from the fact, that the public have ceased almost entirely to receive the money of the safety fund banks; credit being withdrawn, their notes have accumulated in large sums in a few hands, and coming home in masses, they have lost the ability, which might have been maintained if presented in small sums, to redeem them; their exertions have been paralyzed, indifference has been manifested in making any provision for them, and the annual instalments have been neglected. The reasons, therefore, which induced the Commissioners to second their efforts, have no longer room for exercise; a disposition is manifested to escape liabilities; the dangerous responsibility resting on the Commissioners is, therefore, no longer demanded, and the safety of the public, in whose hands the irredeemable paper lies, has satisfied them that the assets and securities should be placed in less interested hands.

The difficulty of maintaining an impartial action has led the Commissioners to the adoption of the rule, that the first information conveyed of the insolvency of a bank should be through an injunction. Had the doubtful condition which a bank presented upon investigation been heretofore bruited abroad, it would have

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