president for that purpose. And all other purchases on account of the Indians, and all payments to them of money or goods, shall be made by such person as the president shall designate for that purpose. And the superintendent, agent or sub-agent, together with such military officer as the president may direct, shall be present, and certify to the delivery of all goods and money required to be paid or delivered to the Indians. And the duties required by any section of this act, of military officers, shall be performed without any other compensation than their actual traveling expenses; and all persons whatsoever, charged with the disbursement, or application of money, goods, or effects of any kind, for the benefit of the Indians, shall settle their accounts annually, at the war department, on the first day of October; and copies of the same shall be laid, annually, before congress, at the commencement of the ensuing session, by the proper accounting officers, together with a list of the names of all persons to whom money, goods or effects had been delivered within said year, for the benefit of the Indians, specifying the amount and object for which it was intended, and showing who are delinquents, if any, in forwarding their accounts according to the provisions of this act; and also, a list of the names of all persons appointed or employed under this act, with the dates of their appointment or employment, and the salary and pay of each. SEC. 14. And be it further enacted, That no person employed in the Indian department shall have any interest or concern in any trade with the Indians, except for, and on account of, the United States; and any person offending herein, shall forfeit the sum of five thousand dollars; and upon satisfactory information of such offence being laid before the president of the United States, it shall become his duty to remove such person from the office or situation he may hold. SEC. 15. And be it further enacted, That the president shall be, and he is hereby authorized to cause any of the friendly Indians west of the Mississippi river, and north of the boundary of the western territory, and the region upon Lake Superior and the head of the Mississippi, to be furnished with useful domestic animals and implements of husbandry, and with goods, as he shall think proper: Provided, That the whole amount of such presents shall not exceed the sum of five thousand dollars. SEC. 16. And be it further enacted, That the president be, and he is hereby authorized, to cause such rations as he shall judge proper, and as can be spared from the army provisions, without injury to the service, to be issued, under such regulations as he shall think fit to establish, to Indians who may visit the military posts or agencies of the United States on the fron tiers, or in their respective nations, and a special account of these issues shall be kept and rendered. SEC. 17. And be it further enacted, That the president of the United States shall be, and he is hereby authorized to prescribe such rules and regulations as he may think fit, for carrying into effect the various provisions of this act, and of any other act relating to Indian affairs, and for the settlement of the accounts of the Indian department. SEC. 18. And be it further enacted, That all acts or parts of acts, contrary to the provisions of this act, shall be, and the same are hereby repealed. Approved, June 30th, 1834. Executive correspondence with the Secretary of the United States. (Copy.) Detroit, November 2, 1840. Hon. JOHN FORSYTH, Secretary of State, &c., &c., &c., SIR-In conformity with your request, I herewith transmit to you, an acknowledgment of the receipt of thirty-six copies of the acts of the first session of the twenty-sixth congress. Without being aware whether or not it be in the power of the state department of the United States to remedy the evil, I beg leave, nevertheless, to remark, that thirty-six copies, annually, of the acts of congress constitutes but a very inadequate supply for the wants of this state. To attain the object which was had in view, in requiring the distribution of the laws of congress, the highest court of record of each county and the superior courts of the state should each be possessed of at least one copy; and a competent number for the use of the legislature and executive departments of the state would seem equally indispensable. The number of thirty-six, falls greatly short of the requisite supply. Our state is divided into thirtyone counties (now organized,) in each of which a court of record is holden, four judicial circuits, in each of which a superior court of law is holden; and into five chancery circuits, in which one or more high court of chancery is holden each year. At the time of our admission into the Union, the population of Michigan considerably exceeded 175,000; and on a fair reading of the constitution, her representation in congress, ought to have been in suitable proportion. In any event, it is manifest that the number of copies transmitted, constitutes a supply altogether inadequate. If there be authority in the state department in any degree to supply the deficiency, may I be per mitted, sir, to request that you will cause an additional number of the laws to be forwarded, to be disposed of as the legislature of this state may direct. But a much more aggravated evil relative to this matter, remains to be mentioned, and which, unless authority be already vested in you to remedy it, I would very respectfully submit, ought to be presented for the consideration of congress. It is this: that with the exception of such sets of the laws of congress as may heretofore have been sent to certain officers of the national government, resident in this state, there seems a total absence of all supply of complete sets of the United States code. There was not even a complete set of those laws, to which the legislature of the state could have access, until that legislature, some two or three years since, caused one complete set to be purchased. How far other new states recently admitted, may suffer similar inconveniences, I am not aware, but it certainly accords very illy with the liberal policy of the national government, to subject any portion of its citizens to the provisions of a code to which they can have no access. Should it be in your power, sir, as the chief officer of the department of state, directly or indirectly, to furnish any appropriate remedy for the evil, I would respectfully press upon your consideration the importance of applying it. I have the honor to remain, sir, (Copy.) Detroit, November 3, 1840. Hon. JOHN FORSRTH, Secretary of State, &c., &c., &c. SIR-However anomalous it may seem or inconsistent with the general scope of our institutions, that the state governments in any of their essential and ordinary operations, should be dependent upon the previous action of the national government, yet in one particular, such seems to be the fact in respect to the government of Michigan. The constitution of this state provides that the legislature at its first session, after every enumeration of inhabitants made by the authority of the United States, shall apportion anew the representatives and senators among the several counties and districts, &c., according to the number of white inhabitants, &c. And by the scheme of our government, the election of members of our legislature to be holden next after such enumeration and apportionment, are to be holden and regulated in conformity with such apportionment. The period will now soon arrive, when the legislature of this state will assemble. It will become the duty of that legislature to make the new apportionment contemplated, yet I perceive no provision contained in the acts of congress relative to the census now recently taken, for furnishing to this government any official copy of such census, nor for placing any such copy where it may be subject to the control or examination of any of the officers or administrators of it. In this exigency I perceive no course more appropriate for the executive of this state, than respectfully to request you, sir, at as early a period as may be practicable and consistent with your convenience, to cause to be transmittted to me for the use of the legislature of the state of Michigan, an authenticated copy of the census so far as the same relates to this state. This request I now very respectfully submit. There is one other topic, in relation to which I now venture to trouble you. This state, along its whole extent from Ohio, in Lake Erie, almost to the Fond du Lac, in Lake Superior, borders upon the national boundary. This boundary line, through these inland seas and narrow straits, is perhaps in no part of it, susceptible of actual and permanent demarkation; while the increased population along both sides of the border, and the greatly increased commerce of the lakes, render it more and more desirable, that if it were practicable, the limit of our territorial jurisdiction were familiarly known. The fisheries of Lake Superior, are now rising into great importance, and are also greatly increased along the straits of Detroit and St. Clair; insomuch that it is a matter of great surprise that our citizens and the subjects of the British province opposite, have not already been brought into frequent and dangerous contact. Cases have occurred, very embarrassing to our judicial courts, while we were yet in a territorial government, in which the question of the actual location of the national boundary, constituted the point of contest. They were cases where, upon islands, the authority of process issuing from our courts, was forcibly resisted. And there certainly exists very great danger, that cases of this character may again and frequently recur. It is in the hope that, to a considerable extent at least, this danger may be provided against, and perhaps in some sort obviated, that I do myself the honor to address you. It is understood that but little difficulty was experienced on the part of the commissioners appointed by the American and the British governments, in adjusting the international boundary along this frontier; and that although the report of those commissioners, so far as it relates to this frontier, may not, perhaps, be considered as definitively confirmed until the line for its whole extent may be agreed upon by the two nations, yet it is supposed that their report, officially authenticated, as regards this frontier, may be deemed to furnish at least, ad interim, the best evidence of the identification of that line which is contemplated by treaty. It is further understood that the official report of the commissioners, to the American government, was accompanied by charts accurately taken, and sufficiently exhibiting the location of the line, so far as agreed upon previously, of which charts, many lithographic copies were taken. Now, sir, with a view to anticipate such grounds of difficulty as I have alluded to, and to lessen, so far as practicable, the evils which may result, I would respectfully solicit you to cause to be transmitted to me, to be deposited in the office of the secretary of state of this state, such official information on this topic as the department of state may contain, likely to be useful with a view to the objects I have suggested, and especially one or more of the lithographic copies of the charts exhibiting the location of the national boundary along this frontier by the commissioners appointed, duly authenticated. It would be very desirable, indeed, if a sufficient number of the maps alluded to, to supply the border counties, (of which there are five,) each with one, to be deposited among the records of the highest court of law in each of those counties, were transmitted; but that in any event, the office of the secretary of state, of this state, be furnished with one of them. Hoping that these requests may be favorably received, and be deemed worthy of your early consideration, I have the honor to remain, sir, With great respect, Your obedient servant, WILLIAM WOODBRIDGE. (Copy.) DEPARTMENT OF STATE, His excellency WILLIAM WOODBRIDGE, Detroit, Michigan: SIR-I have the honor to acknowledge your three communications of the 3d inst. The distribution of the acts of congress being regulated by law, and the state of Michigan having received all the copies to which she is legally entitled, there is no authority by which the department can furnish an additional number. The act for taking the sixth census, makes it the duty of the marshals to file one copy of the several returns, and also an attested copy of the aggregate amount, with the clerks of their respective district, or superior courts, which returns and aggregate statement are, by the amendatory act, to be preserved by the clerks, and to remain in their offices. Vol. I. 12 As |