count of the loan of $100,000 made to said company, under the act approved April 6, 1838. The commissioners are persuaded that this company entered into contracts for the construction of the road, with full reliance upon the pledged faith of the state for the payment of the money loaned them, agreeably to the provisions and conditions of said last act mentioned. The undersigned are of opinion, that the company complied with the conditions required by said act, in perfecting their securities for the repayment of said loan, and that the said company had every reason to expect payment thereof, on the part of the state. Unexpected circumstances, however, and such as could not have been anticipated either by the state or the company, prevented full payment, and greatly delayed even that which was paid by the state. It is therefore certain, that whatever may have been the misfortunes or faults of the company, the state has not fulfilled, on her part, the conditions stipulated by the act making said loan. The company appear to have expended between forty and fifty thousand dollars for materials, and on the construction of said road, have incurred heavy liabilities to contractors and for right of way, on said road, which they are not able to meet. The company will be utterly unable to complete said road, unless largely aided. It is the deliberate opinion, therefore, of the commissioners, that the state is justly and equitably liable for damages to the company, and still, that such damages, if paid, would not benefit said company, inasmuch as this would not enable them to finish the road without further aid. Thus, some forty to fifty thousand dollars expended upon said road, will be entirely lost, should the completion thereof be delayed for any length of time. And further, the injuries sustained by those through whose lands the road passes, would not be materially lessened. From the limitation of the powers given to the commissioners by the act appointing them, they have met an insuperable difficulty in making a final adjustment with said company. There are, moreover, equitable considerations to which this company is entitled, which can only be reached by most ample powers vested in commissioners, or by the legislature itself. The undersigned commissioners would, therefore, most respectfully recommend, in view of all the circumstances, that the Ypsilanti and Tecumseh railroad be added to the other works of internal improvement now undertaken by the state; and that such appropriations be made as may secure the com pletion of said road, or at least may secure the timber, embankments, culverts, bridges, &c., from further decay and damage. In proportion to the amount now necessary to complete said road, and unless this be done, the money already expended must be a total loss, the undersigned are of opinion the road would be important, and not unproductive in its revenue. All which is most respectfully submitted. J. KEARSLEY, Detroit, January 25, 1841. JOHN PALMER. [No. 13.] Report of the secretary of state in relation to the poor, in the several counties, for 1840. SECRETARY OF STATE'S OFFICE, To the Senate and House of Representatives: I have the honor, herewith, to present to the legislature, an abstract of the returns and reports of the superintendents of the poor, for the last year. This abstract is, by the fifty-sixth section of chapter three, title nine, part first of the revised statutes, required to be laid before the legislature during the first month of its session. But owing to the fact that but few of the superintendents had then made their returns, I deemed it advisable to delay it until another effort was made to obtain more complete returns. Accordingly on the 21st of January last, I prepared a form of the reports required by law, similar to those which had already been furnished, and addressed them, in the form of a circular, to the superintendents in the several counties who were delinquent; but I regret to say, that reports from only twenty-three counties, out of thirty-one, have as yet been received. Eight counties, to wit: Mackinac, Chippewa, St. Clair, Livingston, Eaton, Ingham, St. Joseph and Shiawassee, are delinquent; of these, four were delinquent last year, to wit: Eaton, Ingham, Mackinac and St. Clair. luctance to direct prosecutions for recovery of the forfeitures for failure to make the reports according to law, induced me to press with urgency the necessity and duty of a speedy compliance, which was accordingly done in my circular of January last. The neglect to comply with the law, after reiterated notice, and so long delay, would seem to leave but one alternative Vol. I. 77 to this department. I have therefore, given notice to the prosecuting attorneys in the delinquent counties, to the end that they may prosecute for the forfeitures, according to law. I have the honor to be, sir, Your obedient servant, THOMAS ROWLAND, |