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land, than the general valuation of similar lands through those sections of the state. This we endeavored to ascertain by every means within our reach, and adopted the highest valuation as our standard.

Respectfully, your obedient servants,

December 23, 1840.

C. N. ORMSBY,
G. W. JERMAIN,
RICHARD BUTLER,
Commissioners.

The statements required by the law to be made by the commissioners, and transmitted to the clerks of the counties of Berrien and Kent, and to the auditor general and superintendent of public instruction, respectively, were duly made and transmitted to those respective officers agreeable to the requirements of the law, immediately after the examinations and determinations of the commissioners were concluded. (Which fact was inadvertently omitted to be stated in the foregoing report.)

G. W. JERMAIN,
RICHARD BUTLER,
Commissioners.

Report of Commissioners to locate the seat of justice of Branch county, 1840.

Know all men by these presents, that whereas, we, the undersigned, a majority of the commissioners, having been appointed by his excellency the governor of the state of Michigan, commissioners to locate the seat of justice in and for the county of Branch, in said state of Michigan, after having been first duly sworn, and having proceeded to the performance of the duties assigned to us, by the examination of various places and points in said county, on the 11th day of May, A. D. 1840, and having all the arguments brought forward by the inhabitants of said county, for and against certain points, for the location, have finally come to the conclusion, and do finally determine, adjudge and agree to establish said county seat of Branch county, at Branch, between section thirty (30) and nineteen, (19,) in township six, (6,) range six (6) west, eighty rods from the town line eastwardly, it being at the same place or spot, and under the same restrictions and conditions that the same was heretofore located by commissioners O'Keeffe, Rowland and Disbrow.

And that our decision was made up without fear, favor or affection, we being both strangers to the people of the county, Vol. I.

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and even to each other; and our decision cannot be questioned by any disinterested or impartial person, but what it was made for the good of the county eventually.

And we would further state, that the following are some of the most permanent reasons that brought us to this conclusion:

1. That it is the nearest point to the geographical centre of said county, being only three-fourths of one mile from said cen

tre.

2. That the water power at Branch is far better, and capable of being used more extensively than at any other point shown us.

3. That from the situation and elevation of the place and the country around it, together with the quality of the soil at Branch, we considered, and even it was admitted to us by all hands that the health of the place was far better than at Cold

water.

4. That it was stated to us by the people of Coldwater and Branch, that that part of the county immediately in the vicinity of Branch was equally as good as any other part of said county, and as susceptible of being improved by the farmers as any other part of the county, and, as we judged, would very soon be the best and most populated and richest part of the county.

5. That we were satisfied that improper means had been used to get the people to sign a petition for the removal of said county seat.

6. That it was admitted by at least one, and we think two, of the county commissioners, both before and after our decision was known, that the location at Branch would meet the views of a majority of the citizens of said county, notwithstanding the petition that had been circulated through the county for its removal.

7. That it would not, in our opinion, be right and just to all men, for us to exercise our judgment to the ruin of one and the advantage of another, unless there were some very substantial and undoubted reason for so doing.

8. And that the only substantial reason, in our opinion, that was urged, or could be urged, in favor of its removal to Coldwater, was because the turnpike road run through the village of Coldwater, and not through the village of Branch, and at present it is more populated and better prepared to accommodate those that necessarily have to attend courts.

Given under our hands and seals, this twelfth day of May,

1840.

WILLIAM STODDARD,
SAMUEL SHERWOOD,
Commissioners.

Minority report.

His excellency WILLIAM WOODBRIDGE, Governor of Michigan: The undersigned, one of the commissioners appointed by the governor, by and with the advice and consent of the senate, under the act of the legislature, entitled "An act to vacate the seat of justice of the county of Branch, and to establish the same," approved March 16, 1840, having come to a different conclusion in the premises from that of a majority of the commissioners appointed under said act, which seems to contemplate the unanimous action of the commissioners in order to effect the design of the law, begs leave to submit his views, and the reasons therefor, in a separate report.

The commissioners appointed under said act, met at the village of Branch, on the eleventh day of May last, pursuant to their own appointment; and provision having been made by the citizens of the county for defraying their expenses, the commissioners proceeded to examine such places as were pointed out to them as being suitable for the location of the seat of justice for the county. After having made such examination, and having heard such arguments as were offered in favor of the different sites proposed, two of the commissioners were of opinion that the central position of the village of Branch, and the water power in its vicinity, offered advantages of convenience and fitness to the interest of the inhabitants of the county, superior to any other site proposed, and were, therefore, in favor of retaining the present location of the county seat, which is at the village of Branch.

In this opinion and result, the undersigned could not concur. He is decidedly in favor of securing to the greatest number of persons, the largest convenience and accommodation; but for this precise reason, he is satisfied that the village of Branch should not be the point selected.

However spacious in theory the idea of a geographical centre may be, for the accommodation of the citizens of a county, it is found often practically delusive. Nature itself is frequently adverse to it, and the location of the great roads and thoroughfares through the state, commonly changes the centre of business and population, and diverts it from the geographical centre of the county.

The undersigned is of the opinion, that in the selection of a county seat, some regard should be had to the convenience and interests of the citizens of other portions of the county, holding property or having business in the county. It often becomes. desirable and necessary for persons traveling through the state, to examine the files and records of the counties through which they pass; and many other considerations of convenience and advantage to the traveler, and to the officers of the county,

would dictate the policy of locating the offices on main roads and thoroughfares, provided it can be done without too great a sacrifice of other and superior interest.

It is to be observed that the only advantages offered by the village of Branch, are its central position, and its supposed preponderance of hydraulic power.

The village is situated within three-fourths of a mile of the geographical centre, and contains a population of about one hundred and fifty souls. Near the village is erected a sawmill, and a small flour mill, on the west branch of the Coldwater river, a stream valuable for hydraulic purposes; and a mile and a half, or two miles, south of the village, a saw-mill has been erected, and one or two more mills, it is said, are soon to be built on the same stream.

The face of the country in the vicinity of Branch, is sufficiently undulating to render it agreeable and healthy when the heavy timber shall be removed. This village has the disadvantage of lying off from the main thoroughfare through the county, (the Chicago road,) about three-fourths of a mile south, causing a serious inconvenience to travelers whose business requires them to visit the public offices. Other sites were examined by the commissioners, some of which were found favorable, and, in the opinion of the undersigned commissioner, were superior to Branch in some respects. But the only one which, in the opinion of all the commissioners, presented a strong claim to selection, was the village of Coldwater. This village, which the undersigned considers decidedly the most eligible spot for the county seat, is situated on the Coldwater prairie, through the centre of which passes the Chicago road above mentioned, and is about two and a half miles from the centre of the county, a distance too inconsiderable to have any weight even if a central situation was important. It is tastefully built, and contains a population of eight hundred or a thousand souls, by estimation. The south branch of the Coldwater river runs near the village, and has in full operation upon it, a large saw mill and an extensive flouring mill, at which most of the flouring of the county is now done. There are several large and commodious public houses erected, and almost the entire mercantile and mechanical business of the county is here carried on. The preponderance of population and business at Coldwater, seems to establish its claim by nature and enterprise, to be the central point of interest and accommodation in the county. Add to this the fact, that from petitions signed by the citizens of every township in the county and exhibited to the commissioners, it appeared that about two-thirds of all the inhabitants were in favor of the location of the county seat at Coldwater. And the undersigned believes he will

not be deemed singular in his non-concurrence with his colleagues, in rejecting claims thus established.

The words of the act, indeed, give an unlimited discretion to the commissioners in regard to their selection, but the undersigned did not deem himself at liberty entirely to disregard the opinions and wishes of so large a majority of intelligent men, upon a subject which so deeply affected their personal convenience and interest; expressed, too, with such unanimity from every part of the county, after the subject had been agitated amongst them for years. It is believed that the soil of Branch county, throughout, is of a very uniform quality; and the farming population may be presumed to be nearly equally distributed, and will so continue to be, thereby giving strong credit to the inference that a location of the public buildings, at a point now deemed most convenient, will continue to subserve the best interests of the people of the county. The undersigned feels that he need not suggest the necessity of making a permanent location of the county seat soon, as it is manifest that the existing buildings at Branch are unsafe for the records of the county, and inconvenient for the purposes for which they are used. The undersigned is of the opinion, that the only way to settle this question satisfactorily to the great body of the people of the county, who have for the last eight years been annually petioning the legislature for a removal of the county seat, will be for the legislature to locate the same at the village of Coldwater; and should the considerations here presented, be considered of sufficient weight, he would respectfully recommend that such a course should be adopted. All of which is respectfully submitted.

C. K. GREEN.

Report of H. R. Schoolcraft.

ACTING SUPERINTENDENCY INDIAN AFFAIRS,

Detroit, October 30, 1840.

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His excellency WILLIAM WOODBRIDGE, Governor of Michigan: SIR-I have the honor to inclose for your official information, so much of my annual report to the bureau of Indian affairs at Washington, for the year ending September 30, 1840, as relates to the relinquishment of the license laws over the territory of the Chippewas and Ottawas residing on that part of the public lands, within this state, which was ceded by those tribes to the United States by the treaty of March 28, 1836, together with printed copies of the act of Congress "to regulate trade and intercourse with the Indian tribes and to pre

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