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while the expense would be but an additional argument against a different arrangement at any future time.
I am, sir, your obedient servant,
JOHN M. BERRIEN, Chief Engineer. Ann Arbor, May 13, 1840.
[No. 5.] Special message concerning state salt springs. To the Senate and House of Representatives:
It was manifestly anticipated by the last legislature, that progress should be made, during the summer months, in the improvement of the state salt springs, at Grand river, in Kent county, and at the Tittabawassee, in Midland county. Deeming it of great importance to the interests of the state, that the contemplated works should be undertaken by men of experience in operations of this sort, the state geologist, to whom the necessary arrangements were committed, lost no time in opening a correspondence with gentlemen residing at the extensive salt works at Kenhawa, in Virginia, and at Salina, in New York, with a view, if practicable, to enter into contracts with persons scientifically and practically acquainted with the business. He was not so fortunate as to procure any person willing to undertake the work, upon fair terms, from either of those places. In the mean time it became necessary that the geological and topographical survey of that part of the state which borders upon Lake Superior, should progress; the season was advancing; and the work did not admit of delay. After taking requisite precautions for the preservation of the works commenced, and the materials and utensils procured and belonging to the state, he proceeded to the country of the up
Finding, upon his return, that no hope remained of entering into contracts with any person accustomed abroad to similar works, upon consultation with me, he resorted to what seemed the only proper expedient that remained, and advertised in the newspapers for proposals. That course has resulted in the conditional adoption of contracts which, within a few days past, have been submitted to me, of which I herewith submit copies for your consideration.
By the provisions of the “Act for the improvement of the state salt springs,” passed at the last session, every such contract must receive the assent of the governor before it can take effect. I feel no difficulty in acting upon this matter; but supposing that the reference to the executive, for his assent, was founded upon the presumption that such contract might be entered into at a time when the legislature was not in session; and not knowing but that you may now entertain different views as to what our true policy may require, I have deemed it proper to present the whole subject to the legislature, and respectfully to ask their pleasure and advice in the premises.
WILLIAM WOODBRIDGE. Executive Office, January 9, 1841.
Documents accompanying the Governor's special message, rela
tive to state salt spring lands.
Detroit, December 26, 1840.
SIR—In compliance with the requisitions of an act entitled "An act for the improvement of the state salt springs," approved March 31, 1840, I have the honor herewith to transmit for your examination, contracts which have been entered into, for the improvement of the salt springs at Tittabawassee and Grand river.
I also send you a copy of the advertisements for proposals, in order that you may have the whole subject before you. The contracts were closed with those whose bids were lowest. The suretics upon the bonds are all personally known to me, and are perfectly satisfactory. Some little delay has occurred in forwarding these contracts to you, for the reason that it became necessary for me to await the return of the bond of Mr. Farrand from Saginaw, which has but just arrived.
The contracts are believed to contain all the information which you wished me to transmit to you, for which reason, further explanation will be rendered unnecessary.
I have the honor to be, sir,
Your obedient servant, (Signed,)
State Geologist. Contract of Douglass Houghton, geologist, with Lucius Lyon.
Whereas, the legislature of the state of Michigan passed an act entitled -- An act for the improvement of the state salt springs,” which was approved and become a law and operative on the thirty-first day of March, A. D. 1840, by which act, a sum not exceeding five thousand dollars, was appropriated for the continuance of the improvements now in progress, at the said springs on Grand river, Kent county, in said state; and whereas, the state geologist was, by said law, directed to contract for such portion of the work contemplated as might be deemed necessary; but before the said contract, so made, should be operative, the same should receive the assent of the governor of said state of Michigan; and whereas, it was also provided by said law, that all sums of money drawn from the state treasury in pursuance thereof, should only be paid upon the warrant of the auditor general, which should only be issued upon the certified estimate of the state geologist; and upon all contracts for work in progress, the said law required a sum of not less than fifteen per cent upon the work done, to remain unpaid until the final completion of the contract; and whereas, under and by virtue of the authority then vested in him, the state geologist did, on the fourteenth day of November, A. D. 1840, cause public notice to be given in the state paper, that he would receive at his office in the city of Detroit, proposals for continuing the improvements in progress at the salt springs at Grand river, Kent county, in said state, by fixing the gum firmly and securely upon the rock, or an iron pipe within said gum, seven inches in diameter, upon the rock, and boring three hundred feet into said rock; one hundred feet to be four and a half inches in diameter, and the remaining two hundred feet to be four inches in diameter; that all proposals should be subject to the provisions of said act or law passed on the 31st day of March, eighteen hundred and forty; and whereas, Lucius Lyon, of Kent county, aforesaid, proposed to perforn said work contemplated, at a less price than any other person;
Now, therefore, in consideration of the premises, the said Douglass Houghton, state geologist, for and in behalf of the state of Michigan, of the first part, covenants and agrees to and with the said Lucius Lyon, of Grand river, Kent county, aforesaid, of the second part, as follows, viz: First, the said Lucius Lyon covenants and agrees to and with the said Douglass Houghton, state geologist, and his successor in office, that he will firmly and securely
fix upon the rock at the state salt springs in said Kent county, the gum already sunk, or a cast iron pipe with a bore not less than seven inches in diameter, within said gum; that he, the said Lyon, will sink a well four and a half inches in diameter, to a sufficient depth to make one hundred feet from the upper surface of the dock now erected at said works, and from the termination of said one hundred feet, the said Lyon covenants and agrees that he will continue said well four inches in diameter, two hundred feet further, making the whole depth of the well, from the surface of said dock, three hundred feet, for the consideration or sums as follows, viz: For the first fifty feet from the surface of the
dock, including the fixing down, in a permanent and secure manner, upon the rock, the gum, or a cast iron pipe within said gum, the well to be four and a half inches in diameter, nineteen dollars per foot, or nine hundred and fifty dollars for the said fifty feet.
For the second fifty feet, the well to be four and a half inches in diameter, seventeen dollars per foot, or eight hundred and fifty dollars for the said fifty feet.
For the third fifty feet, the well to be four inches in diameter, sixteen dollars per feet, or eight hundred dollars for said fifty feet.
For the fourth fifty feet, the well to be four inches in diameter, sixteen dollars per foot, or eight hundred dollars for said fifty feet.
For the fifth fifty feet, the well to be four inches in diameter, sixteen dollars per foot, or eight hundred dollars for said fifty feet.
For the sixth and last fifty feet, the well to be four inches in diameter, sixteen dollars per foot, or eight hundred dollars for said fifty feet; making the whole depth of the well three hundred feet, for the price or sum of five thousand dollars.
And the said Douglas Houghton, state geologist, as aforesaid, covenants and agrees, for and in behalf of the state of Michigan, to and with the said Lucius Lyon, that the said state shall well and truly pay unto the said Lyon, the said sums hereinbefore mentioned, for the work and labor herein mentioned, as follows, viz: the said state shall pay the said sums as hereinbefore mentioned, as fast as the said Lyon shall complete the said work, except the said Lyon shall not be entitled to demand the said sums or prices, except at the expiration or termination of each fifty feet; when the price of said fifty feet shall be paid except as hereinafter mentioned. And it is expressly understood and agreed, by and between the said Lyon and the said state, that fifteen per cent of the said price agreed to be paid, shall be retained by the said state until the full and entire completion of the said work hereinbefore mentioned, and agreed to be done by said Lyon, agreeably to the provisions of said law herein referred to.
And it is further covenanted and agreed by and between the said parties hereto, That the said state, by their agents, shall have the right and privilege of annulling or determining this contract or agreement at any time after the said well shall have been sunk to the depth of one hundred and fifty feet; and in case of this contract being annulled or determined by the said state before the said well shall be sunk three hundred feet deep, the said state shall well and truly pay to said Lyon the entire of said price or sum, without any reservation for such portion of the said work as shall be completed, but for none other.
And it is further covenanted and agreed by and between the said parties, That the said Lyon shall have the right to occupy the buildings now erected at said springs, and the use of the steam engine, and all tools in and about said premises belonging to the state, with all the wood and coai prepared for and designed for use in making said well; and the said state further grants to said Lyon the right and privilege of cutting from lands adjoining said spring belonging to said state, all wood necessary to be used in propelling said engine, or otherwise about said work.
And it is further covenanted and agreed by and between the said parties, That the said Lyon shall, upon taking possession of said premises, execute and deliver unto the said state geologist, as agent of the state, a receipt of the said steain engine and all property now on said premises belonging to said state, (except wood and coal now on hand;) and at the completion of said works or determination of this agreement, he shall render a true and faithful account for the same to the said state; but it is understood and agreed by and between the said parties, that the said Lyon shall not be liable to pay for any of said property used in conducting and carrying on said work, except as hereinafter mentioned.
And it is further covenanted and agreed, That at the expiration of this agreement or completion of said work, the said Lyon shall and will yield and deliver up possession of said premises, buildings and steam engine, in good repair and condition; and shall well and truly deliver to the said state, all fixtures of every description erected by him, with all augurs, drills, screws, poles, and all implements used in boring the said well; and shall return all household furniture and blacksmith tools, received and receipted, in as good repair as when received, (the ordinary and natural wear and tear excepted.)
And the said parties further covenant and agree, That the said state geologist, for the time being, shall, from time to time, make out and certify to the auditor general of said state, an estimate of said work at the completion of each fifty feet, the said estimate to be made upon the application of said Lyon to the said state geologist for such purposes. '. And the said Lyon further covenants and agrees to and with the said Douglass Houghton, as state geologist, agent for and in behalf of the said state, that he will forth with commence the said work, and prosecute the same without intermission or unnecessary delay, day and night, until the same shall be fully completed, done and performed. And the said Lyon further covenants and agrees to and with the said Douglass Houghton, as state geologist
, that he will well, truly and faithfully per