Leaving in his hands a balance of

The appropriations and expenditures npon the several works

are as follows:

$17,333 19

Surveys of Clinton Canal, Saginaw Canal, St. Joseph, Kalamazoo and Grand rivers, and for purchase of instruments.

Appropriation,

Expenditures--Survey of Clinton canal, $12,117 27

$20,000 00

$23,847 73

The members of the board have received for their services:

365 35

The amount paid clerk hire,

do.

do. contingent expenses blank books,

office rent, stationery, &c.,

568 67

The undersigned begs leave to call the attention of the legislature to the fact, that by the existing law the auditor of the board is not required to give bail, nor is the countersigning of his warrants by the Auditor General, any safeguard against the commission of a fraud, as it is done without inquiry and as a matter of form.

In settling the accounts of the acting commissioners and others, the auditor has examined between two and three thousand vouchers. Should the annual expenditures be much increased, it will

probably be necessary for him to devote his whole time and attention to the duties of his office.

It is therefore respectfully suggested whether it would not be advisable to make such an alteration in the law, as would require him to execute a bond with sufficient sureties, conditioned for the faithful performance of his duties, to settle monthly with the Treasurer of the state, and to reside in Detroit. All which is respectfully submitted..

JOHN M. BARBOUR,

Auditor Board of Internal Improvement.

(No. 30.)

Report of the Select Committee of Investigation, in relation to an error in the payment of the salary of the Governor.

The select committee to whom was referred the communication of the Governor of the state, asking an investigation into the allegation of a member on the floor of the House of Representatives relative to the error in the payment of the salary of the Governor, as stated in the annual report of the Treasurer, ask leave to present the following report:

That they have examined the books and vouchers of the Treasurer, and find that the error in the payment of the salary of the Governor, which has been so seriously questioned on the floor of the House of Representatives, originated entirely in an unintentional mistake of the Treasurer; and that any intimation in this House or elsewhere, of willful and intentional fraud on the part of the Governor in receiving this excess of salary, or on the part of the Treasurer in paying the same, they are satisfied is unjust and unfounded. The committee, without any investigation of the matter, might safely have appealed to the common sense of every member of this House, and asked if it were possible for officers high in the confidence of the public, so far to forget what was due to their own reputations and stations, as to be guilty of the attempt to purloin from the treasury the paltry sum of five hundred dollars: or if capable of such an act, was it reasonable to suppose they would have spread the fact before the world? Yet such has been done in the present instance. The report of the Treasurer, now on the table of each member of the House, points out the error committed. No attempt has been made at concealment, as would have been done had fraud been intended; and investigation has further shown, that the very payment charg

ed as a fraud was reported to the Auditor General, and appears on the books of that office.

But whilst the committee believe that the House have not been disposed to attribute unworthy motives to those implicated in this investigation, they deem it due to the public officers whose integrity has been unjustly assailed, to show conclusively in what manner the error complained of occurred with the Treasurer. The term of service of Governor Mason, commenced the first of November, 1835, making a fractional quarter in the payment of his salary, composed of the months of November and December, or an entire quarter including January, 1836. On the eighth of February, 1837, it appears by the vouchers on file, that the Treasurer paid Governor Mason one quarter's salary, including the month of January of that year, and the fractional quarter of 1836, composed of the months of November and December. On the 20th May succeeding, the Treasurer, after an absence of Governor Mason of some months from the state, without referring to his books, paid Governor Mason his salary for the first quarter of 1837, including the fractional quarter of 1836, and inadvertently overlooking the previous payment on the first of February. The vouchers were made out by the Treasurer, and so acknowledged by him to the committee.

These are the circumstances which led to the error, and the committee cannot suppose that a prejudice, however great, when dispassionately viewing all the facts, can do otherwise than acquit the parties concerned of all intentional error, or from the charge of criminality.

In the conclusion the committee have arrived at, they have only been governed by a desire to act impartially to the parties interested, and to do justice to the public. What is the character of the inquiries they have been directed to make? The Executive of the state has been charged with the commission of an offence of the highest criminality; an offence, which, if true, would subject him to impeachment by this House. The commitee are the last, with any member of this House, to oppose a full and unrestricted inquiry into the conduct of every public officer, however high his station. But it must be remembered that even our position here gives us no prerogative to assail wantonly the reputation of a public officer. If members acknowledge no courtesy to a co-ordinate branch of the government, they are at least called on to yield something to the character of the Executive, as an individual member of our society. On this floor he can answer no accusation, however often repeated, but through the solemn form of an impeachment.

In view of this fact, the committee, with a full knowledge of all the facts, consider it a duty to this House, and to the officers whose integrity has been unjustly assailed, to say in answer to the [H. R. Doc.] 42

accusations which have gone forth to the world, that the allegations made against them on this floor, are unjust and unfounded. F. J. B. CRANE,

JOHN BALL,

ISAAC ADAMS.

(No. 31.)

Report of the Commissioners on the State Penitentiary on the location of the same.

To the Honorable Senate and House of Representatives of the State of Michigan.

The commissioners appointed by his excellency the Governor, on the subject of the state penitentiary, under the act of March 22, 1837, in the performance of that part of their duty which relates to the location of the penitentiary, have visited and examined a number of places presenting great variety in their natural and peculiar advantages.

The places which in their opinion possess decidedly the greatest advantages for the location, are near the villages of Jacksonburgh in the county of Jackson, Napoleon in the county of Jackson, and Marshall in the county of Calhoun. From each of these places the commissioners, in behalf the state, have received very liberal proposals which will accompany this report.

The location proposed at Jacksonburgh is on the farm of Mr. H. B. Lathrop, on the east side of the Grand river, a short distance below the village, in town two south, of range one west, section thirty-four; commencing ten chains north of the east quarter post of section thirty-four at a stake; thence west fifteen chains to the centre of Grand river, thence north thirteen and one-third chains along the centre of said river; thence east fifteen chains to a stake; thence south thirteen and one-third chains to the beginning, containing twenty acres more or less.

A portion of the twenty acres, probably large enough for the erection of the buildings and the yard, inclines gently towards the river, and is sufficiently elevated to admit of being well drained. Considerable grading would be required before the buildings could be erected. The other part of the twenty acres is a ridge with a considerable declivity, and mostly covered with timber suitable for building.

The stone quarry has not yet been opened on the proposed twenty acres, but in many places the stone appears in considera