lutions relative to sending commissioners to confer with like commissioners from Virginia and other States, to assemble at Washington on the 4th day of February, A. D. 1861, respectfully recommend their passage, and ask to be discharged from the further consideration of the subject.

1

All of which is respectfully submitted.

CHARLES V. DELAND,

J. CARPENTER,

DARIUS MONROE.

Special Committee.

JOINT RESOLUTIONS relative to sending Commissioners to confer with similar Commissioners from Virginia and other States, to assemble at Washington, on the 4th day of February, A. D. 1861.

Whereas, The State of Virginia, by resolutions of its General Assembly, adopted on the 19th day of January, inst., has invited all such States, whether slaveholding or nonslaveholding, as are willing to unite with Virginia in an earnest effort to adjust the present unhappy controversy between the States or sections of the Union, in the spirit in which the Constitution was originally formed, and consistent with its principles, so as to afford the people of the slaveholding States adequate guarantees for the security of their rights, to appoint Commissioners to meet on the 4th day of February next, in the city of Washington, similar Commissioners appointed by Virginia, to consider, and if practicable agree upon some suitable adjustment;

And whereas, The people of the State of Michigan are now and ever have been loyal to the Constitution and Government of the United States, and believe the Constitution framed by our fathers, is amply sufficient for guaranteeing the rights and liberties of all sections of the country, and that it needs rather to be obeyed than amended;

And whereas, The time allowed by the resolutions of the said General Assembly of Virginia, for the appointment and assembling of Commissioners is so brief as to prevent concert among our neighboring free States, and to render it nearly or

quite impossible for such Commissioners from this State to reach Washington in time to attend such meeting on the 4th of February next;

And whereas, We believe the people of this State are not in favor of, and would never consent to accept the basis of settlement suggested in the resolutions of the General Assembly of the State of Virginia, to provide by, Constitutional law to legalize and establish slavery in any of the common territories of this Nation; therefore

Resolved by the Senate and House of Representatives of the State of Michigan, That the people of Michigan are now and ever will be ready to co-operate with the friends of the Union and the Constitution everywhere, for its maintainance and preservation; to yield a cheerful obedience to its requirements; and expecting a like obedience from all others, we kindly and respectfully, for the reasons indicated in the foregoing preamble, decline to be represented by Commissioners in the manner and upon the terms proposed in the resolutions of the said General Assembly of the State of Virginia.

'Resolved further, That the Governor be requested to forward a copy of the foregoing preamble and resolutions to the Commissioners of Virginia, and to our Senators and Representatives in Congress at Washington; also, to the President of the United States, and to the Governors of the several States of this Union.

[ No. 4.]

BEPORT of the Judiciary Committee on the Claim against the State for the Improvement of the Sand Flats of the Muskegon River.

The judiciary committee, to whom was referred

Joint resolution to authorize the Auditor General to draw his warrant on the State Treasurer to meet the appropriation made by act No. 147 of the session laws of 1857,

Have had the same under consideration, and respectfully report, that on the 4th day of September, 1841, the Congress of the United States passed an act entitled, " an act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights;" by which there was granted to the State of Michigan, as also to other States, five hundred thousand acres of land. (Vol. 5, p. 455 U. S. Stat. at large.)

Section 9 of which act says: "the lands herein granted to the States above named, shall not be disposed of at a price less than one dollar and twenty-five cents per acre, until otherwise authorized by a law of the United States; and the nett proceeds of the sales of said lands shall be faithfully applied to objects of in

ternal improvement, namely: roads, railways, bridges, canals and improvement of water courses and draining of swamps,, &c.

On the 14th of January, 1857, a bill was introduced into the Legislature of this State entitled "a bill to provide for the improvement of navigation over the sand flats of the Muskegon river." (House Journal, 1857, p. 75.)

January 16th of the same year the House passed the following resolution, namely:

Resolved, That the Auditor General be required to report to this House respecting the 500,000 acres of internal improvement lands, giving a full and complete statement of the various appropriations heretofore made for internal improvement, together with the object of the grant, the amount of land named in the several appropriations; also, the amount, if any, which has been appropriated for any work of internal improvement and not expended, from the year 1848 to 1855 inclusive." (House Journal, 1857, p. 97.)

In response, the Auditor General on the 29th day of January, transmitted to the House a statement at length, by which it appears that the State had located under the act of Congress aforesaid, 494,103 77-100 acres of land, and had appropriated thereof 408,661 70-100 acres, and that there remained unappropriated 85,442 03-100 acres, which had been sold by the State. (House Document 1857, No. 12.)

Subsequently, on the 16th day of February, act number 147, session laws of 1857, was approved and became a law, which appropriated 50,000 dollars "for the improvement of navigation over the sand flats of the Muskegon river.”

This act appoints three commissioners, and declares it their duty to construct such levees and other works between Muskegon Lake and Maple River as may be necessary to secure the free navigation of the Muskegon river. The sum, by the act, is appropriated and required to be paid from the internal improvement fund of this State. The commissioners are required to employ a competent engineer and other assistance, and

make all necessary examination and surveys, and to ascertain and determine what works are required.

The commissioners are then authorized to contract the work on the best terms, after advertising six successive weeks, at a price not to exceed the sum appropriated, which contract, when made, was not to take effect till approved by the Governor, and his approval endorsed thereon.

The 8th section provides that on the completion of the work, the commissioners, after obtaining the approval of the work by the Governor, shall endorse the fact of such completion on the contract, after which the contractor shall be entitled to payment from the sum by said act appropriated.

The commissioners are required by the act to take the constitutional oath of office, and they are to receive three dollars per day, payable out of the appropriation.

The 10th section of the act declares the channel to be constructed shall be a public highway for the use of the citizens of this State forever.

The commissioners appointed under the act of 1857, acting, as your committee have every reason to believe, in perfect good faith, and, as they supposed, within the terms of the law, advertised and let the work by contract to John A. Brooks, who was then a member of the Legislature, for the sum of fifty thousand dollars, which contract was duly approved by the Governor, and afterwards, at the legislative session of 1858, a law was passed extending the time for completing the work to January, 1860; and thereafter, and before any part of said work had been done, said Brooks transferred said contract to William Beard, of Brooklyn, in the State of New York, who has advanced the necessary amount of money and completed the work, and the same has been duly certified, by the commissioners and Governor, completed.

Your committee are satisfied, from all the information which they can obtain, that said improvement is a meritorious one, of great public utility, and has been most faithfully executed both on the part of the commissioners and said board; and your com