of our militia that they are our support in peace and our defence in war.

Your committee feel the more solicitude on the subject, from the fact that there is great reason to suppose that the older states have already, or are about to form a coalition, prejudicial to the interest of this state, by stopping all appropriations and by passing a law in congress to divide the wild lands of the new states among the several states of the Union, according to their congressional representation, or by selling them, and dividing the proceeds in the same ratio, which would leave in either case, about the two hundred and sixtieth part to our share, which would be doing great injustice to us.

That law of congress, by some called "the bill of abominations," to divide the surplus revenue, has created in the old states an avaricious disposition, that nothing will put an end to, short of our coming out boldly and maintaining our rights.

The new states have been anxiously waiting for the time to come when their representation in congress would be equal to that of the old states, hoping that when that time arrived, they would be more generously and equitably dealt by; but from the manifest disposition of the old states, or their representatives in congress, your committee are led to believe that the time will never arrive, owing to the many inducements that congress have in their power to hold out. Instance the state of Ohio, she has become an old state, in point of feeling, on that subject; she has had a little short of two millions of acres of land given to her, besides the appropriation on the Cumberland road made by the United States, one of the most expensive roads in the world, while Michigan has received only about one hundred thousand.

Indiana and Illinois have also received large appropriations of land, and have become, in point of interest, old states; made so by the appropriations of congress, in order that the old states may keep the balance of power in their hands.

Your committee, therefore, in view of the whole subject, would recommend to the legislature of this state, that they, with all convenient despatch, purchase of the Indians the lands mentioned in the foregoing resolution, extend the jurisdiction of the state over all persons residing on the lands, and make them citizens of the

state.

All of which is respectfully submitted.

April 19, 1839.

SANDS MCCAMLY,
Chairman of Com.

(No. 40.)

Report of the committee on the judiciary relative to the election of Senators in the State Legislature.

Mr. Wing, from the committee on the judiciary, to which was referred a resolution of the Senate, directing them to inquire whether so much of an act entitled "An act to provide for the election of senators in the several districts of Michigan," as purports to shorten the term for which any member of the Senate may be entitled to his seat, be consistent with the constitution of this state, and of any obligatory force-if not, then whether any further action on the part of the Senate, and if any, what, be requisite to carry into effect the provisions contained in the 5th section of the 4th article of said constitution? and that said committee_report, &c., Reports:

That in his opinion, a repeal of the law in question is not expedient at this time; he is not satisfied that any alteration could be made more in accordance with the provisions of the constitution. The law passed at the last session of the legislature, increasing the number of districts and apportioning the members in the districts, it is believed is valid, and if so, it must continue in force until after the census is taken by the United States.

The 6th section of the 4th article of the constitution seems to have been adopted with a view to an increased number of districts;-after the establishment of which, it requires that each district shall elect an equal number of senators annually, as near as may be. It is not perceived how a new district could elect an equal number of senators annually, if they are all to be elected for two years; neither is it perceived how this last provision of the constitution can be carried into effect, if the construction claimed for the 5th section be correct. It is manifest that the provisions of the 5th section were designed to apply to the senators to be elected under the first apportionment, and that the 6th section was designed to apply to all subsequent apportionmentsthat there is an apparent confliction between the provisions of those two sections, is conceded by all. If the law should be changed in such manner as to require that senators should be elected for two years, a doubt might arise whether it would accord with the true intent and meaning of the 6th section, the scope of which is not limited to a single apportionment; besides, it is not perceived that any necessity exists at the present time, that we should make an effort to reconcile the apparent conflicting provisions of the constitution, for if it be true that a senator when elected will hold his seat two years, whether elected for two years, or for one year, by virtue of the provisions of the 5th section above referred to, the rights of all parties are served; if on the contrary the

present law is valid, and consists well with a proper construction of the several provisions of the constitution, its continuance in force seems to be necessary. Entertaining these views, and considering that definitive decision of this question must be referred to the Senate which will be assembled in 1840, and which alone can decide the question, I have felt relieved from the necessity of indicating or stating their opinions upon the questions submitted by the resolution.

(No. 41.)

Report of the committee appointed to confer with the Governor relative to mistakes in the internal improvement bill.

The committee from the Senate, appointed to confer with the Governor of this state, on the subject matter of certain parts of a bill, entitled "An act for the regulation of internal improvements, and for the appointment of a board of commissioners," supposed to have been abstracted therefrom before its presentation to the Governor for his approval, respectfully report:

That in pursuanee of the instruction received from the Senate, your committee waited upon the Governor and ascertained that he had not yet signified his approval of said bill; but that on the contrary, he had examined the said bill, and being convinced that certain parts of it had been by some means lost or abstracted therefrom, he had suspended further action thereon, until the facts could be ascertained. And your committee further report, that while still in conference with the Governor, a committee of the House waited upon the Governor with a view to the same object: Whereupon, the Governor having ascertained that said bill had originated in the House of Representatives, deemed it more expedient and accordant with general analogies, to deliver the same bill to the House for such further action as might seem proper; which he accordingly did.

Documents accompanying the Governor's Message, made to the Senate January 8, 1838.

Contract with the Morris Canal and Banking Company. Articles of agreement entered into this first day of June, in the year of our Lord eighteen hundred and thirty-eight, between the people of the state of Michigan, by Stevens Thompson Mason, Governor of the said state of Michigan, acting in behalf of the people and under the authority of the state aforesaid, of the first part, and the Morris canal and banking company, a body politic and corporate, for themselves and their successors, of the second part.

It is agreed between the parties, as above mentioned, as follows:

First. The parties of the first part have contracted with and employed, and do hereby contract with and employ, the parties of the second part as agents to sell the bonds issued and to be issued by the state of Michigan, by virtue of the act of the legislature of said state, entitled "An act authorizing a loan of a sum of money not exceeding five millions of dollars," approved the twenty-first day of March, eighteen hundred and thirty-seven, and an act supplementary thereto, approved the fifteenth day of November, eighteen hundred and thirty-seven, also an act entitled "An act authorizing a loan of one hundred thousand dollars for the relief of the Allegan and Marshall railroad company," and an act entitled "An act authorizing a loan of a sum not exceeding one hundred thousand dollars, for the benefit of the Ypsilanti and Tecumseh railroad company," the two latter approved on the sixth day of April, eighteen hundred and thirty-eight, bearing interest at the rate of six per cent per annum, payable semi-annually, the principal and interest to be made payable in the city of New York, and in the lawful money of the United States, and redeemed at any time after the years eighteen hundred and fiftynine and eighteen hundred and sixty-three, as provided for by the aforesaid acts of the legislature of the said state, to be sold by the said agents, the parties of the second part, at such times and in such parcels, and either in this country or in Europe, as they may deem advisable and for the best interests of those concerned therein. And the parties of the first part shall allow to the parties of the second part, for their agency and services in the premises, and in consideration thereof, a commission of two and a half per cent on the proceeds of sales, which is also to be in lieu