I-S CORNELL UNIVERSITY LIBRARY THIS BOOK IS ONE OF A COLLECTION MADE BY BENNO LOEWY 1854-1919 AND BEQUEATHED TO CORNELL UNIVERSITY Cornell University Library JK5859 .Z5 1872 olin 3 1924 030 493 880 Cornell University Library The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030493880 V b JOTJRISr^L Senate of Michigan, SITTINO AS . COURT OF IMPEACHMENT FOB THE TEIAL OF CHARLES A. EDMONDS, COMMISSIONER OF THE STATE LAND OFFICE. Printed by virtue of an Act of the Legislature, under the Direction and Supervision of HEN-KY S. SLEEPBE. Seobetaky op the Senate LANSING: W. a GEORGE & CO., STATE PRINTERS AND BINDERS. 1873. MEMORY OF HON. ISAAC M. CRAVATH SENATOR TROIiI THE TWENTT-FIRST DISTRICT. WHO DIED AT HIS HOME IN LANSING, Mat 4th. 1672. AGED 45 YEARS. See Pages 64-65. 3k tnl. op THE SENATE OF MICHIGAN, SITTINO AS A COUItT OP IMPEACHMENT POH THE TRIAL OF CHARLES A. EDMOIDS, Commissioner of the State Land Office. Lansing, Thursday, April 11, 1873. At the hour of 13 o'clock noon of this day, and immediately after the final adjournment of the Legislature, the Senate of the State of Michigan, pursua4t to the requirements of the Constitution of the State, and an act of the Legislature thereof, approved March, 30, 1872, convened for the trial of Charles A. Edmonds, Commissioner of the Land Office, who has been impeached at the bar of the Senate for crimes and misdemeanors, and corrupt conduct in ofiice. The oath required by law was administered to the Hon. Philip H. Emerson, President pro tern, of the Senate, by the Secretary. The Secretary called the roll alphabetically, and the Presi- dent pro tern, administered the oath to the following Senators : Senators Alexander, Ball, Barber, Begole, Briggs, Brownell, Oawley, Cravath, Dexter, Gay, Hannahs, Jenks, Mann, Moflfatt, Price, Prutzman, Putnam, Eandall, Eomeyn, Sheley, Stod- dard, Waterbury, Wheeler, Wood. The President pro tern, announced that all the Senators present having taken the oath prescribed by law, the Senate JOUENAL OF THE [April 11, was duly organized as a Court of Impeachment, for the trial of Charles A. Edmonds. On motion of Mr. Moffatt, Ordered, That a committee of three be appointed to notify the managers on the part of the House of Eepresentatives, that the Senate is now organized for the purpose of proceed- ing to the trial of the impeachment of Charles A. Edmonds. The President pro tern, announced as such committee. Senators Moffatt, Wheeler, and Romeyn. Mr. Cravath moved that the rules adopted by the Senate for the procedure and practice in trials of impeachment, be adopted by the Senate sitting as a court for the trial of Charles A. Edmonds. Mr. Wheeler called for the yeas and nays. The motion prevailed, by yeas and nays as follows : YEAS. Mr. Alexander, Mr. , Gay, Mr. . Eandall, Ball, Hannahs, Eomeyn, Barber, Jenks, Sheley, Begole, Mann, Stoddard, Briggs, Moffatt, Waterbury, Brownell, Price, Wheeler, Cawley, Prutzman, Wood, Cravath, Putnam, President Dexter, NAYS. pro tern. 25 On motion of Mr. Jenks, The Senate, sitting as a court of impeachment, took a recess until 3 o'clock this afternoon. AFTERSrOON SESSION. 2 o'clock P. M. The Senate met, and was called to order by the President pro tern. Eoll called : a quorum present. 1872.] IMPEACHMENT TRIAL. 5 Mr. Romeyn announced that Senator Neasmith was present and desired to take the oath prescribed by law. Senator Neasmith came forward and the President pro tern administered to him the oath prescribed by law. Mr. Price asked and obtained leave of absence for Mr. Mor- ton for an indefinite time. Mr. Moffatt, from the committee appointed to notify the managers on the part of the House to conduct the impeach- ment of Charles A.Edmonds, that the Senate is now organized for the trial of said Charles A. Edmonds, reported the duty performed. Report accepted and committee discharged. The Sergeant-at-Arms announced Hon. I. E. Grosvenorj Hon. B. W. Huston, jr., and Hon. Lyman Cochrane, managers aforesaid. The President pro tern, requested the managers to take seats assigned them within the bar of the Senate. Mr. Grosvenor, on the part of the managers, announced that they were ready to exhibit on the part of the House of Repre- resentatives, articles of impeachment against Charles A. Edmonds, Commissioner of the State Land Office. The President pro tern, directed the Sergeant-at-Arms to make proclamation, and The Sergeant-at-Arms having made proclamation in the following words : " Hear ye ! Hear ye ! Hear ye ! All persons are commanded to keep silence on pain of imprisonment, while the House Representatives is exhibiting to the Senate of the State of Michigan articles of impeachment against Charles A Edmonds," The managers, through Mr. Grosvenor, their chairman, read the iollo wing articles of impeachment: 6 JOUENAL OF THE [April 11, ARTICLES exhibited on behalf of the House of Eepresenta- tives of the State of Michigan, and in the name of the Peo- ple of the State of Michigan, against Charles A. Edmonds, Commissioner of the State Land Office, in maintenance and support of their impeachment against him for corrupt con- duct in ofiBce, and for crimes and misdemeanors. AKTIOLB I. That said Charles A. Edmonds, Commissioner of the Land Office of the State of Michigan, on the fourth day of January, 1871, and on divers other days and times, between that day and the time when said House of Eepresentatives passed the resolution of impeachment against him, to wit : the 38 th day of March, 1872, unmindful of the high duties of his office, of his oath of office, and of the requirements of the constitu- tion and the laws of this State, did corruptly, unlawfully, and in violation of the constitution and laws of this State, withhold from sale divers large tracts of land for the particular benefit and advantage of certain land dealers, and for a private pecu- niary consideration to himself, his deputy and clerks, to the damage and inconvenience of the actual settlers, other dealers, and the people of the State generally ; and the said Chai-les A. Edmonds, Commissioner of the State Land Office, was in this manner then and there guilty of corrupt conduct in office, and did commit a misdemeanor in office. ARTICLE II. That said Charles A. Edmonds, Commissioner of said State Land Office, on divers days and times, between the time of assuming the duties of his office, to-wit : about the fourth day of January, 1871, and the day of the passage of the said reso- lution of impeachmen t, the basis of these articles, unmindful of the high duties of his office, of his oath of office, and in violation of the constitution and laws of the State of Michi- gan, and contrary to the provisions of an act entitled " An act to prevent officers and clerks in the State Land Office, and in Auditor General's Office, from purchasing lands while in 1S72.] IMPEACHMENT TRIAL. t the employ of the State," approved March 16, 1861, did cor- ruptly, unlawfully, by himself, and with his deputy, and also with his clerks in said oflSce, directly and indirectly engage in the purchase of lands from the State, and for sale in the Land OfiBce of this State, of which he was chief. And the said Charles A. Edmonds, Commissioner of the State Land Office, was thus, then, and there guilty of corrupt conduct in ofiBce, and did commit a high misdemeanor in office. AKTICLE III. That said Charles A. Edmonds, Commissioner of said State Land Office, unmindful of the duties of his office, and his oath of office, having knowledge that large numbers of actual set- tlers to whom licenses had been issued in pursuance of act TSo. 108, session laws of 1861, being an act entitled " An act to amend an act entitled ' An act to provide for the settlement and drainage of the swamp lands by actual settlers, being act No. 239, laws of 1859,'" were in possession of their lands under their said licenses, and had been in possession thereof for a long time, and made valuable improvements thereon, and complied with the laws of this State in regard to licens- ing lands to actual settlers fully, except filing with the Com- missioner of the Land Office the proofs of settlement and occupancy, required by section four of said act No. 108, laws of 1861, and he, the said Edmonds, being acquainted with the practice in said office ever since the passage of said act No. 108, laws of 1861, to withhold from sale such licensed lands, except in cases where proofs by the affidavit of two credible witnesses was filed, showing non-settlement and abandonment by the licensee, did corruptly, and for the purpose of pecuniary 'gain to himself, his deputy and clerks, about the month of October, 1871, decide that such lancjs were subject to sale without such proof of non-settlement or abandonment, as had been, the practice of said office, and he, the said Charles A. Edmonds, did then and there, by himself, his deputy, and 8 JOUENAL OF THE [April 11, clerks, corruptly, and for the purpose of securing gain aa aforesaid, furnish to divers persons the description of such licensed lands, when the proofs of settlement and occilpancy had not been filed in accordance with said section four afoce- said, which said persons purchased said lands, and to whom said Commissioner issued patents, whereby a gross fraud was practiced upon such actual settlers, and large profits and gains made, in which said Edmonds, his deputy, and clerks, were interested. And said Edmonds, being so unmindful of his duty and oath of office, and the policy of the State to protect the actual Settlers, has corruptly furnished and permitted his deputy and clerks corruptly to furnish such descrip- tions of licensed lands to divers persons, on divers days and times, since the decision aforesaid, and before the passage of the resolution of impeachment by the House of Eepresen- tatives, which said persons purchased said descriptions, to whom patents were issued by said Commissioner, he, said Com- missioner, his deputy, and clerks being indirectly interested therein. , And the said Charles A. Edmonds, Commissioner of the State Land Office, was thus, then, and there guilty of corrupt conduct in ofBce, and did commit a misdemeanor in office. ARTICLE IV. That said Charles A. Edmonds, Commissioner of the Stat& Land Office, unmindful of the high and responsible duties of his office, and of his oath of office, on the first day of June, 1871, in the said Land Office, at Lansing, in the county of Ingham, and on divers other days and times during his oflScial term at Lansing, aforesaid, did unlawfully conspire with one William G. Patrick, and divers other persons unknown, fraud- ulently to withhold from sale, and mark, or cause to be marked, as sold, large quantities of State lands, for the benefit of said conspirators, in fraud of other lonafide purchasers and settlers, 1872.] IMPEACHMENT TRIAL. 9 with the intent to cheat and defraud such lonafide purchasers and actual settlers, and all others who might wish to purchase the same. And in pursuance of said conspiracy the said Charles A. Edmonds did mark, or cause to be marked, in said office, on the plat books thereof, as sold, large tracts of land that were not sold, by which Edmonds, his deputy, and clerks in office cor- ruptly received large sums of money, and said Charles A. Edmonds, Commissioner of the State Land Office, was guilty of corrupt conduct in office, a violation of his oath of office, and a great fraud upon the people of this State. ARTICLE V. That said Charles A. Edmonds, Commissioner of the said State Land Office, from time to time, from the commencement of his official term in January, 1871, to the time of the passage of the resolution of impeachment in this case, to wit: the 28th of March, 1872, immindful of the high duties of his office, in violation of his official duties, his oath of office, and the laws of this State, did, in his office, and with his deputy in office, and in his official time, so engage in, and carry on^ the purchase and sale of swamp land " scrip " (so-called), as to operate in fraud of, and to the damage of the primary school fund, the several counties of this State, and of the treasury of the State. And the said Charles A. Edmonds, Commissioner of the State Land Office, was in this manner then and there guilty of corrupt conduct in office, and did commit a misdemeanor in office. ARTICLE VI. That said Charles A. Edmonds, Commissioner of the State Land Office, during his official term as such commissioner, to wit : From about the first day of January, 1871, to the 28th day of March, 1872, unmindful of the high and responsible 2 10 JOURNAL OP THE [April 11, duties of his office, of his oath of ofBce, and disregarding the rights of the people of this State, and for the corrupt and un- lawful purpose of personal beneflt and gain, did appoint and keep in his office, as clerks, certain men of dissolute habits and character, and unworthy the high trust and confidence necessarily required of men in their positions, and did, also, allow his clerks in office, in violation of the laws of this State, to purchase, directly, and indirectly, from the State, lands for sale in said Land Office, and to be interested in purchases made in the name of others, directly and indirectly, and to traffic, and corruptly sell and get unlawful gain, in the sale of valuable information contained in such office, within their knowledge as such clerks, and to act as the agents, for reward, of certain land dealers, in entering land, thus giving such dealers an undjie advantage over others seeking the entry of lands at said office. And the said Charles A. Edmonds, Commissioner of the State Land Office, was thus then and there, guilty of corrupt conduct in office, and did commit a misdemeanor in office. ARTICLE Vllt That the said Charles A. Edmonds, being a public officer of the State of Michigan, through whose hands public moneys pass, to wit : the Commissioner of the Land Office as afore- said, has at divers times during the present term of his said office, and as such officer, received moneys current by the laws of the United States as money in payment for certain lands be- longing to the State of Michigan, and has corruptly, and in viola- tion of the laws of this State, and especially in violation of section two hundred and thirty-four of the compiled laws of eighteen hundred and fifty-seven, converted or changed said moneys into swamp land scrip, so-called, retaining said moneys for his own use and benefit, in whole or in part, and entering said lands, in payment for which he had received said moneys as purchased and paid for by said scrip, and has not deposited or 1873.] IMPEACHMENT TRIAL. 11 turned over to the proper officer of the State said moneys, so received in purchase of said lands. By reason whereof the said Charles A. Edmonds has com- mitted a crime against the laws of this State, and is guilty of misconduct in office. ARTICLE VIII. That said Charles A. Edmonds, Commissioner of the State Land Office, unmindful of the dignity and high duties of this office, and of the wholesome requirements of the laws of the State, on or about the first day of March, 1873, at the city of Lansing, the Capital of this State, contriving and intending to debauch and corrupt the morals, as well of youth as of others, good citizens of this State, did, at the time and place aforesaid, and at other times and in other places in this State, unlawfully, wickedly, maliciously, and scandalously publish, circulate, and distribute, or cause to be published, circulated, and distributed, a certain anonymous and obscene printed paper entitled "Every Wednesday Night,'^ containing impure, scandalous, and obscene matters, language, .and description, manifestly unbecoming the dignity of his office, a scandal in the community, and tending to the corruption of the morals of youth, and other good citizens of this State, and to the evil example of all others, and in violation of the laws of the State, and against the peace and dignity of the people of this State. And the said Charles A. Edmonds, Commissioner of the State Land Office, did thus, then, and there commit, and was guilty of a misdemeanor, contrary to the form of the statute, and against the peace and dignity of the people of the State of Michigan. AETICLE IX. That the said Charles A. Edmonds did during the months of March or April last past, and while he was such Commis- sioner of said Land Office, knowingly, willfully, and maliciously, 12 JOURNAL OF THE [April 11, at Laporte, in the State of Indiana, and elsewhere in the United States, deposit or cause to be deposited, in the post- oflBce at said Laporte, and in the several postoffiees at other places in the United States, for mailing, or for delivery from said postoffice or postoffiees, a certain obscene print or publi- cation in the form of newspapers, and entitled Every Wednesday Night, knowing the same to be of a vulgar and indecent char- acter, in violation of the laws of the United States, and especially of a statute of the United States entitled "An act relating to the postal laws," approved March 3, 1865. By which act of depositing, or causing to be deposited said print or publication, in said postoffice at said Laporte and elsewhere, he, the said Charles A. Edmonds, did commit a crime against the laws of the United States. ARTICLE X. That said Charles A. Edmonds, Commissioner of the State Land Office, unmindful of the dignity of his office, his duties, his oath of ofBce, and the requirements of the laws of this State, at divers times during his official term as such Commis- sioner, since the fifth day of July, 1871, at the city of Lansing, and in other places within this State, has been drunk, or so affected by his drinking of intoxicating liquors, as to disgrace his office and unfit him for the discharge of his official duties ; and the said Charles A. Edmonds, Commissioner of the State Land Office, did thus and then and there show good cause for his removal of office, under the provisions of an act entitled "An act to subject all persons holding office under the goverment of the State of Michigan to removal from office for drunk- enness," approved April 5, 1871. AKTICLE XI. That said Charles A. Edmonds, Commissioner of the State Land Office, unmindful of the dignity, high duties, and posi- tion of his office, and of the laws of this State, and the wholesome requirements of the laws of decency and morality. 1872.] IMPEACHMENT TRIAL. 13 did, on 01- about the tenth day of October, 1871, at the city of Lansing, situated in the county of Ingham, at the Lansing House, commit adultery with a female whose name is unknown, he, the said Edmonds, then and there being a married man ; and did also since he entered upon the duties of his said office, at divers other times and places in said Lansing, commit fur- ther and other adulteries, against the form of the statute in such case made and provided, and against the peace and dignity of the people of this State. And the said Charles A. Edmonds, Commissioner of the State Land Office, did thus, theu, and there commit, and was guilty of a crime, contrary to the statute in such case made and provided, and against the peace and dignity of the people of the State of Michigan. And the managers elected by the House of Eepresentatives under and by virtue of the constitution of this State, and authorized by the said constitution and the laws of this State to manage, on behalf of said House, the trial of the impeach- ment of said Charles A. Edmonds, by protestation, saving to themselves the liberty of exhibiting at any time hereafter any further articles or other accusation under the said resolution of the House of Representatives for the impeachment of the said Charles A. Edmonds, Commissioner of the Land Office, and also of replying to his answer which he may make unto these articles herein preferred against him, and oflFering proof to the same and every part thereof, and to all and every other article or accusation which shall be exhibited by them on behalf of said House as the case shall require; do demand that Charles A. Edmonds may be put to answer the corrupt conduct in office and the crimes and misdemeanors herein charged against him, and that such proceedings, examination, trial, and judgment may be thereupon had and given as may ba agreeable to law and justice. I. R. GROSVENOR, LYMAN COCHRANE, B. W. HUSTON, Jk., Managers on behalf of the House of Representatives. 14 JOURNAL OP THE [April 11, Mr. Grosvenor having concluded the reading of the articles of impeachment, The President pro tern, informed the managers that the Senate would take proper order on the subject of the impeach- ment, of which due notice would be given to the managers. The managers, by their chairman, Mr. Grosvenor, then delivered the articles of impeachment at the table of the Secretary, and withdrew. On motion of Mr. Cravath, Ordered, that the Senate proceed to the election of two stenographic reporters. On motion of Mr. Moflfatt, Ordered, that the vote be by ballot. On motion of Mr. Wheeler, Ordered, that the reporters be balloted for separately. The President announced Senators Barber and Briggs as tellers. On the first ballot, the whole number of votes cast was twenty-seven, of which George P. Hitchcock received twenty-six votes ; James W. King received one vote. The President pro tern, announced that George P. Hitch- cock, having received the highest number of votes, was duly elected. On the second ballot, the whole number of votes cast was twenty-five, of which H. P. Walch received twenty votes ; James W. King received five votes. The President pro tern, announced that-H. P. "Walch, havino- received the highest number of votes cast, was duly elected. Mr. Eomeyn offered the following resolution : Resolved, That a summons be directed to issue in the form prescribed by the rules for the trial of the impeachment now pending, to be directed to Charles A. Edmonds, Commissioner of the State Land Office, commanding him to be and appear 1873.] IMPEACHMENT TEIAL. 15 forthwith at the bar of the Senate of Michigan, there to answer unto the articles of impeachment this day exhibited before the Senate by the honorable managers elected for that purpose by the House of. Representatives, said writ of sum- mons to be accompanied by a copy of said articles, and the execution of the same to be committed to the Sergeant-at-Arms. The resolution was adopted by yeas and nays, as follows : YEAS. Mr. Alexander, Mr, . Hannahs, Mr, , Romeyn, Ball, Jenks, Sheley, Barber, Mann, Stoddard, Begole, Moffatt, Waterbury, Briggs, Neasmith, Wheeler, Cawley, Price, Wood, Cravath, Prutzman, President Dexter, Putnam, pro tern. Gay, Randall, 25 NAYS. Mr. Romeyn offered the following resolution : Resolved, That the Secretary of the Senate cause to be printed, iu a form convenient for use, three hundred copies of the act regulating trials of impeachment, and of the rules adopted for the trial of the impeachment of Charles A. Edmonds, now pending, together with the articles furnished. Mr. Cravath moved to amend the resolution by striking out the words "three hundred," and inserting in place thereof the words " five hundred." Mr. Jenks called for a division of the question. The motion to strike out did not prevail. The resolution was adopted, by yeas and nays, as follows : YEAS. Mr. Alexander, Mr. Hannahs, Mr. Rohieyn, Ball, Jenks, Sheley, Barber, Mann, Stoddard, Begole, Moffatt, Waterbury, Briggs, Neasmith, Wheeler, Cawley, Price, Wood, 16 JOUKXAL OP THE [April 12, Mr. CraTath, Mr. Prutzman, Mr. President Dexter, Putnam, pro tern. Gay, Eandall, 25 NAYS.. On motion of Mr. Cravath, The Senate, sitting as a court of impeachment, adjourned until to-morrow morning at 10 o'clock. Lansing, Friday, April 12, 1872. The President pro tern, announced that the hour of 10 o'clock A. M., to which the Senate stood adjourned, being the hour fixed for the sitting of the Senate for the trial of the impeachment of Charles A. Edmonds, had arrived. The Sergeant-at-Arms made proclamation in due form. Eoll called : a quorum present. The Secretary proceeded to the reading of the journal oi yesterday, whereupon, On motion of Mr. Moffatt, Ordered, That the reading of the journal be dispensed with until further ordered. Mr. Waterbury announced that Senator Storrs was present, and desired to take the oath prescribed by law. Senator Storrs came forward, and the President pro te^n. administered to him the oath prescribed by law. The Secretary of the Senate then read the return to the summons, directed by the Senate as follows : The foregoing writ of summons addressed to Charles A. Edmonds, Commissioner of the State Land Office, and the foregoing precept addressed to me, were this day duly served on the said Charles A. Edmonds, Commissioner of the Land Office, by delivering to, and leaving with him, true and 1872.] IMPEACHMENT TRIAL. 17 attested copies of the same, at his oflBce in the city of Lansing, this 11th day of April, instant, at 7^ o'clock P. M. HENRY SEYMOUR, 8ergeant-at-Arms of tlie Senate. Lansing, April 11, 1873. The Sergeant-at-Arms came forward, took and subscribed the following oath : "I, Henry Seymour, Sergeant-at-Arms of the Senate, do swear that the return made and subscribed by me upon the process issued on the 11th day of April, A, D. 1873, by the Senate of Michigan, against Charles A. Edmonds, Commis- sioner of the Land Office, is truly made, and that I have performed said service therein prescribed. So help me God." The Sergeant-at-Arms then called the accused in the form following : " Charles A. Edmonds, Commissioner of the Land Office ! Charles A. Edmonds, Commissioner of the Land Office, appear and, answer the articles of impeachment exhibited againsb you by the House of Representatives of the State of Michigan." On motion of Mr. Romeyn, Ord^ed, That the Sergeant-at-Arms be directed to' inform the accused that the Senate is now organized for the trial. After a brief absence the Sergeant-at-Arms returned, and announced at the bar of the Senate Hon. Charles A.Edmonds, Commissioner of the Land Office, and his counsel, John B. Shipman, Esq., and Jonas H. McGowan, Esq., who were con- ducted to seats assigned them. Mr. Siiipman asked that the appearance of Charles A. Edmonds, in person and by his counsel, John B. Shipman and Jonas H. McGowan, be entered. It was so ordered. Mr. Shipman, in behalf, of the accused, submitted the fol- lowing motion : In the matter of the impeachment of Charles A. Edmonds, Commissioner of the Land Office : 3 18 JOUENAL OF THE [April 12, We, the undersigned, counsel for the respondent, move the Court that the day of May, next, be appointed as the day for the respondent to move, plead, answer, or demur to the said Articles of Impeachment, and submit to a trial upon the same. JOHN B. SHIPMAN, JONAS H. McGOWAN, Counsel for Respondent. And in support thereof submitted the following affidavit : The Senate of the State of Michigan, sitting as a Court of Impeachment, in the matter of the impeachment of Charles A. Edmonds, Commissioner of the State Land OfQce : County of Ingham — ss. Charles A. Edmonds, being duly sworn, says that he is the respondent in the above matter. That upon the evening of the 11th of April inst., he ivas served with a copy of the summons in said matter, and there for the first time saw a copy of the articles of impeachment against him, and knew what he had to meet upon the trial before the Senate. That he has heard the copy contained in the summons read, but that the same is so vague, and the charges and specifications in many and most of the articles so general, that they do not give him that information which he hoped and expected to receive therefrom. That these general charges, covering in many instances so large a period of time, but with- out directing him to any specific act or time definitely, throws upon him the necessity of a more extended preparation than he had hoped his defense would demand, requiring much more time than if the matters had been charged or described with sufficient certainty for him to have known what was meant, and where to direct his testimony. That ho did not succeed in obtaining a copy of the testi- mony taken by the committee in the House, until last Monday evening. That upon the evening of Wednesday, the 10th, two of his counsel saw such copy for the first time (as he is 1872.] IMPEACHMENT TEIAL. 19 informed and believes), but have not as yet read the whole of it. That one of his counsel, who is absent, has not seen the testimony, nor a copy of the articles mentioned, to deponent's khowledge or belief. That deponent has not yet had a con- sultation with his counsel when they were all together, and never, until the evening of the 11th inst. mentioned, has had the necessary documents, or information in regard to what he had to meet in the case, to make such a consultation of much moment, so far as arranging his defense is concerned. That he has done what he could, but he could do but little towards getting ready for trial with the uncertainty before him as to what he had to meet. He further states that one of his counsel selected writes that unless the trial is postponed to a period as late as the middle of May, he cannot take part in the defense. That deponent verily believes that he cannot properly prepare his answer to the articles exhibited by the managers, and get ready for the trial before that time ; and he is confident that it will not be in his power so to prepare for his defense that this honorable court can be made acquainted with the facts essen- tial to a just decision of said cause, in less than the time mentioned. And this deponent further says that he believes he has a fall and complete defense to all matters alleged against him, upon the merits, and that he is anxious to proceed with the trial as soon as he can safely do so, and that this application for time to prepare his answer, procure the attendance of necessary witnesses, and make due and proper preparation for the trial, is not made for the purpose of delay, but only for the purpose of obtaining a full and fair hearing of the impeachment against him, on its real merits. CHAELES A. EDMONDS. Subscribed and sworn to before me, April 13th, 1872. H. D. Bartholomew, Notary Public, Ingham County. The motion was denied. 20 JOUENAL OF THE [April 13, Mr. Ball offered the following resolution : Resolved, That the 23d day of April, A. D. 1872, at 10 o'clock A. M., shall be the day and time for receiving the answer, and proceeding with the trial of the impeachment of Charles A. Edmonds, Commissioner of the State Land OflBce. Mr. Eandall moved to amend the resolution by striking out the figures •' 33d " and inserting in place thereof the figures «30th." The motion prevailed, by yeas and nays, as follows : YEAS. Mr. Mann, Mr. Neasmith, Price, Prutzman, Eandall, Mr. Alexander, Barber, Briggg, Cravath, Dexter, Jenks, Stoddard, Wood. President pro tern. 14 NAYS. Mr. Moffatt, Putnam, Eomeyn, Sheley, Mr. Storrs, "Waterbury, Wheeler, Mr. Ball, Begole, Cawley, G-ay, Sheley, 11 The question recurring upon the resolution as amended, it was adopted by yeas and nays, as follows : YEAS. Mr. Alexander, Mr. Jenks, Mann, Keasmith, Price, Prutzman, Alexander, Barber, Begole, Briggs, Cravath, Dexter, Mr. Eandall, Stoddard, Wood, President pro tern. 15 Mr. Ball; Cawley, Gay, Moffatt, Mr. NAYS. Putnam, Eomeyn, Sheley, Mr. Storrs, Waterbury, Wheeler, 10 Mr. Manager Huston moved for an order that the Managers have leave to take depositions of such witnesses as may be out of the State, and whose attendance may not be procured by 1872.] IMPEACHMENT TRIAL. 31 the process of this court. Such depositions may be taken hefoj-e any ofiacer competent to _ administer oaths in the State where such depositions are taken. The motion prevailed, by yeas and nays, as follows : YEAS. Mr. Alexander, Mr. Gay, Mr. Putnam, Ball, Mann, Eomeyh, Begole, MofEatt, Sheley, Cawley, Neasmith, Waterbury, Dexter, 13 NAYS. Mr. Barber, Mr. Prutzman, Mr. Briggs, Eandall, Oravath, Stoddard, Jenks, Storrs, Price, Mr. Randall moved to reconsider the vote by which the motion was agreed to ; Which motion prevailed. On motion of Mr. Eandall, The motion was laid on the table. ' On motion of Mr. Wheeler, The Senate, sitting as a court of impeachment, took a recess until half past one o'clock this afternoon. Wheeler, Wood, President pro tern., 13 AKTERNOOlir SESSIOS. 1:30 o'(jlock P. M. The Senate met, and was called to order by the President pro tern. The Sergeant-at-Arms made proclamation in due form. Eoll called : a quorum present. Manager Grosvenor offered the following order : Ordered, that either party be allowed to take the testimony of any person or persons, being or residing out of this State, before any oflBcer or person in such other State authorized to administer oaths ; and such testimony shall be reduced to writing, signed by the witness, and duly certified by the ofiBcer or person taking the same, and returned by mail or otherwise. 23 JOURNAL OF THE [April 12, sealed, to the Secretary of the Senate ; and the same when eo taken, certified, aad returned, may be read in evidence on the trial of this case, with the like force and effect as if the witnesses examined were personally present ; and the party so taking the same shall give the opposite counsel two days notice by mail, in writing, of the time, place, and name of the person or persons to be examined, when and where said counsel may appear and cross-examine said witness if they see fit, and such cross-examination shall at the same time, and in like manner, be taken, returned, and used in evidence as aforesaid. On motion of Mr. Eomeyn, The order was adopted as a standing rule of the Senate, sitting as a court of impeachment, by yeas and nays, as fol- lows : YEAS. Mann, Neasmith, Price, Prutzman, Putnam, Eandall, Eomeyn, Sheley, Mr. Alexander, Ball, Barber, Begole, Briggs, Cawley, Cravath, Dexter, Jenks, Mr. Mr. Stoddard, Storrs, Waterbury, Wheeler, Wood, President fro tern. 2S .NAYS. Mr. Briggs offered the following resolution: . Resolved, That the Secretary of the Senate be instructed to order printed one thousand copies of the daily journals of the Senate, sitting as a court of impeachment for the trial of Charles A. Edmonds ; and one thousand copies of the « Im- peachment Proceedings," for the use of the Senate. Mr. Wheeler moved to amend by striking the words "one thousand" wherever they occur; Which motion prevailed. On motion of Mr. Wood, The blanks were filled wi^ih the words " five hundred." The resolution was adopted. Mr. Wheeler offered the following resolution : 1872.] IMPEACHMENT TEIAL. 23 Mr. Sbeley, Storrs, "Wheeler, Wood, President pro tern., 19 Resolved, That the President of the Senate be, and he is hereby authorized to appoint four messenger boys to be employed in the Senate, sitting for the trial of an impeach- ment, whose compensation shall be two dollars per day each, and mileage at the rate of ten cents per mile coming from and returning to their places of residence by the ordinary traveled routes. Mr. Waterbury moved to strike out the word " four," and insert in place thereof, the word " three ;" Which motion did not prevail. The resolution was adopted, by yeas and nays as follows: YEAS. Jenks, Mann, Moflfatt, Price, Putnam, Randall, Eomeyn, NAYS. Mr. Neasmith, Prutzman, Mr. Wheeler offered the following resolution : Resolved, That Henry Seymour be and he is hereby ap- pointed Sergeant-at-Arms of the Senate, sitting for the trial of an impeachment, whose compensation shall be dollars per day, and, traveling expenses while serving process, and mileage at the rate of tea cents per mile coming from and returning to his place of residence by the ordinary traveled route ; and the said Seymour is hereby authorized to appoint an Assistant Sergeant-at-Arms, whose compensation shall be three dollars per day, and the same mileage and traveling expenses as the Sergeant-at-Arms, and two assistant Sergeants- at-Arms, to be designated by the Honorable Managers, whose duty it shall be to serve such processes as may be placed in their hands for such purpose, with like compensation as herein proyided for the other assistants. Mr. Alexander, Ball, Begole, Briggs, Cawley, Cravath, Gay, Mr. Barber, Dexter, Mr. Stoddard, Waterbury, 24 JOUEKAL OF THE [April'lS, Mr. Ball moved to fill the blank with the word " fire." Which was not -agreed to. Mr. Wheeler move'd t? fill the blank with the word " four;" Which motion prevailed. The resolution, as amended, was adopted, by yeas and nays, as follows : YEAS. Mr. Alexander, Mr. Jenks, Mr. , Sheley, Ball, Mann, Stoddard, Barber, Moffiitt, Storrs, Begole, Neasmith, Wheeler, Briggs, Price, Wood, Cawley, Prutzmau, President Cravath, Putnam, pro tern. Dexter, Eandall, Gay, Eorrieyn, NAYS. 34 Mr. Wheeler offered the following resolution : Resolved, That Bernard Eice be and he is hereby appointed fireman of the Senate, sitting for the trial of an impeachment, whose compensation shall be dollars per day, and the same mileage as provided for members of the Senate. On motion of Mr. Sheley, The blank in the resolution was filled with the word "three." The resolution as amended was adopted, by yeas and nays, as follows : YEAS. Mr. Alexander, Mr, . Mann, Ball, Barber, Moffatt, Neasmitb, Begole, Briggs, Cawley, Cravath, Price, Prutzmau, Putnam, Eandall, Dexter, Gay, Eomeyn, Mr. Sheley, Stoddard, Storrs, Wheeler, Wood, President pro tern. NAYS. Mr. Wheeler offered the following resolution : isra.] IMPEACHMENT TRIAL. 35 Resolved, That the compensation of Henry S. Sleeper, Sec- retary of the Senate sitting for the trial of an impeachment, be and the same is hereby fixed at the sum of fiye dollars per day, and the same mileage as provided for the members of the Senate ; "Which was adopted, by yeas and nays, as follows : YEAS. Mr. Alexander, Ball, Barber, Begole, Briggs, Cawley, Cravath, Dexter, Gay, Mr. Jenks, Mann, Moflfatt, Neasmith, Price, Prutzman, Putnam, Eandall, Komeyn, NAYS. Mr. Sheley, Stoddard, Storrs, Waterbury, Wheeler, Wood, President pro iem. 35 The President j7»*o tern, announced the following: Lansing, April 12, 1872. To the President of the Senate : SiE — In accordance with the resolution of the Senate, I have this day appointed Charles T. Dickey, of Marshall, Henry Underwood, of Adrian, and James H. Baker, of Lansing, Assistant Sergeants-at-Arms. HENEY SBYMOITE, Sergeant-at-Arms of the Senate. Charles T. Dickey, Henry Underwood, and James H. Baker came forward, took and subscribed the required oath, and en- tered upon the discharge of their duties. On motion of Mr. Wheeler, The Senate, sitting as a court of impeachment, adjourned until the 30th of April instant, at 10 o'clock in the forenoon. 4 36 JOUENAL OP THE [April 30, Lansing, Tuesday, April SO, 1872. The President pro tern, announced that the hour of 10 o'clock A. M., to which the Senate. stood adjourned, being the hour fixed for the sitting of the Senate for the trial of the impeachment of Charles A. Edmonds, had arriTed. The Sergeant-at-Arms made proclamation in due form. Eoll called : a quorum present. Mr. Eomeyn announced that Senators Bennett, White, and Wilcox were present and desired to take the oath prescribed by law. Senators Bennett, White, and Wilcox came forward and the prescribed oath was administered to them by the Pres- ident ^r-o tern. Mr. Sheley asked and obtained leave of absence for Mr. Cra- vath for an indefinite time, on account of sickness. Mr. Jenks asked and obtained leave of absence for Mr. Eandall for an indefinite time. Mr. Briggs asked and obtained leave of absence of Mr. Bar- ber for the day. Mr. Ball asked and obtained leave of absence for the Ser- geant-at-Arms for an indefinite time. On motion of Mr. Eomeyn, Ordered, That the Sergeant-at-Arms be directed to inform the accused that the Senate is now ready to proceed with the trial. After a brief absence, the Sergeant-at-Arms returned and announced at the bar of the Senate Hon. Chas. A. Edmonds, Commissioner of the Land OflSce, and his counsel, John B. Shipman, Esq., and Jonas H. McGowan, Esq. who were con- ducted to seats assigned them. Mr. Shipman, in behalf of the accused, submitted the fol- lowing order : 1873.] IMPEACHMENT TRIAL. 27 In the Senate of the State of Michigan, Sitting as a Court of Impeachment. The State of Michigan, vs. Charles A. Edmomds, Commissioner of the State Land Office : Whereas, The House of Eepresentatives have the sole power of impeaching civil officers ; and • Whereas, It does not appear that the articles of impeach- ment presented against the respondent in this case have been agreed to or adopted by the House ; bnt it does appear they were not ; therefore, On motion for counsel for respondent, it is Ordered, That the said articles and these proceedings be dismissed, and the Senate take no further jurisdiction of the case. Pending which. On motion of Mr. Jenks, The Senate, sitting as a Court of Impeachment, took a recess until 2 o'clock this afternoon. AFTERNOOK SESSION. 3 o'clock P. M. The Senate, sitting as a Court of Impeachment, met and was called to order by the President ^ro tem. Proclamation was made in due form. Eoll called : a quorum present. The Senate resumed the consideration of the order presented by the counsel for the accused. On motion of Mr. Moifatt, Ordered, That the Senate chamber be closed while the Senate consider the order. Mr. Moffatt moved that there be a call of the Senate ; §8 JOURNAL OF THE ■ [May 1, Which motion did not. prevail. Mr. Jenks moved that the further consideration of the order be postponed until to-morrow morning at 10 o'clock ; Which motion did not prevail. On motion of Mr. Wheeler, The farther consideration of the order was postponed until to-morrow morning at 9 o'clock. On motion of Mr. Jenks, The doors of the Senate were opened, and The President pro tern, announced that the Senate had post- poned the further consideration until to-morrow morning at 9 o'clock. On motion of Mi-. Sheley, The Senate, sitting as a Court of Impeachment, adjourned until to-morrow morning at 9 o'clock. Lansing, Wednesday, May 1, 1872. The President pro tern, announced that the hour of 9 o'clock A. M., to which the Senate stood adjourned, heing the hour fixed for the sitting of the Senate for the trial of the impeach- ment of Charles A. Edmonds, had arrived. The Sergeant-at-Arms made proclamation in due form. EoU called : a quorum present. Mr. Sheley announced that Senator Stockbridge was present and desired to take the oath prescribed by law. Senator Stockbridge came forwai'd, and the prescribed oath was administered to him by the President pro tern. On motion of Mr. Moffatt, it was Ordered, That the Secretary of the Senate be instructed to order printed one thousand copies of the daily journal of the Senate, sitting as a court of impeachment for the trial of Charles A. Edmonds, and one thousand copies of the Impeach- ment Proceedings. 1872.} IMPEACHMENT TRIAL. 29 Mr. Ball offered the following resolution : , Resolved, That George P. Hitchcock of Kalamazoo, and Henry P. Walch of Grand Eapids, official stenographers to the Senate sitting as a Court of Impeachment for the trial of Charles A. Edmonds, receive as a full compensation for their serYices in reporting the trial, making a long-hand transcript of their notes for the printer, and attending to the reading of the proof, the sum of eighty cents per thousand ems for the printed matter, estimated as though set in solid type, con- tained in the impeachment proceedings; they to furnish all needful assistance either in reporting the case or in employing copyists : Which was adopted, by yeas. and nays, as follows : YEAS. •. Alexander, Mr. Jenks, Mr. Stockbridge, Ball, , Mann, Stoddard, Begole, MofEatt, Storrs, Bennett, Neasmith, Wheeler, Briggs, Price, White, Brownell, Prutzman, Wilcox, Cawley, Putnam, President Dexter, Romeyn, pro tern. Gay, Sheley, Hannahs, NAYS. 26 Mr. Brownell asked leave of obsence for himself for an indefinate time. Leave "was not granted. The Senate resumed the consideration of the order presented by the counsel for the accused. On motion of Mr. Waterbury, Ordered, That th^ Senate chamber be closed while the Senate consider the order. The question being on the adoption of the order presented by the counsel for the accused. It -was not agreed to, by yeas and nays, as follows : 30 JOUENAL OF THE [May 1, Mr. Storrs, Waterbury, W heeler, White, Wilcox, President pro tern. YEAS. Mr. Brownell, Mr. Hannahs, NAYS. Mr. Ball, Mr. Moffatt, Begole, Neasmith, Bennett, Price, Briggs, Prutzman, Dexter, Putnam, Gay, Eomeyn, Jenks, Sheley, Mann, Stockbridge, 22 Pending the announcement of the Tote, Mr. Jenks moved that Mr. Alexander be excused from voting ; Which motion prevailed. Mr. Ball moved that Messrs. Barber and Cawley be excused from voting ; Which motion prevailed. Mr. Gay moved that Mr. Stoddard be excused from voting ; Which motion prevailed. On motion of Mr. Moffatt, The doors of the Senate were opened, and The President pro te7n. announced that the Senate had refused to agree to the order presented by counsel for the accused. The President pro tern, then asked the counsel of the accused if they were ready to file answer to the articles of impeachment exhibited against him. The counsel for the accused replied that they were now ready to make answer. Thereupon, The answer of tlie accused to the articles of impeachment was read by his counsel, in the following words, to wit : In the Senate of the State of Michigan, sitting as a Court of Impeachment. The answer of Charles A. Edmonds, Commissoner of the State Land OfiQce, to the articles of impeachment exhibited 1872.] IMPEACHMENT TEIAL. 31 against liim by the Managers, in behalf of the House of Ecp- resentatives : This respondent, saving and reserving to himself all benefit of exception to the many errors and imperfections in the several articles and specifications in said articles con- tained, and not confessing any or either of them to be true, or admitting the authority of the Managers to exhibit the same on behalf of the House, but denying their right and protesting against their assumption of power in that behalf, and insisting that he is under no obligation to answer articles of impeachment which have never been adopted by the House of Eepresentatives and which are not exhibited by them, or to submit to a trial thereon, and in no way waiving this objection, but reserving the right to urge the same at any and all times : For answer to Article I, he says that he is not guilty of the offense therein charged against him, and ho denies each and every allegation therein contained, and alleges the same in the manner and form therein charged, to be wholly false and untrue. And further answering thereto, he says that his term of ofiSce commenced January 1st, 1871. That before that time divers tracts of land both great and small had been marked upon the books of the oflSce as reserved to various individuals, and that these reserves so appeared upon the books when he took possession of the office. That he does not know whether such lands were reserved for the "particular benefit and advantage of certain land dealers " or not, as he was in no way a party thereto or connected therewith, and knows not how, or why, or when they were reserved, except that it was done before he came into the office ; but he denies, and stamps , as wholly false and untrue, the charge in said article, that such or any lands were withheld " for a private pecuniary con- sideration" to this respondent, and states that he had no Interest in them, or in their proceeds, or any expect- ation of being benefited pecuniarily or otherwise there- 32 JOUENAL OP THE [May 1, by. That he is imable to state whether his then Deputy had any interest in such reserves or not, but if he had, that in obtaining the same, he took advantage of his position, and the confidence in him reposed by this respondent, to practice secretly and without the respondent's knowledge, that which he knew this respondent would not have permitted him to do if it came to his knowledge ; but if he in fact did have, this respondent submits that he cannot be made to answer there- for. He further says, that some time after that, as he became better informed of matters in the office and his duties pertaining thereto, he was convinced that some of these reserves ought to be removed from the books and the practice changed, and he accordingly commenced the work of remov- ing them therefrom, and has since then been laboring to the best of his ability to correct the books and the practice itself which seemed to have existed under former administra- tions, and to have been entailed upon the ofiBce, as well as to prevent the recurrence thereof. That at no time since he has been Commissioner, has he received any pecuniary or other benefit whatever for or on account of withholding lands from sale, directly or indirectly, nor does he expect to receive any, nor does he know that his present Deputy or any of his clerks have withheld lands from market for their own or other's ben- efit; and if they have (which he does not admit, but denies), it has been done without this respondent's knowledge or con- sent and in direct opposition to his instructions. He further says that most of the reserves mentioned were for State road contractors or upon their orders, and it was a matter of great difficulty to ascertain which of them were good and ought to be withheld from sale and those which ought not to be, and that although the work has been vigorously prosecuted, the books are not yet entirely corrected. For answer to Article II he says : That he is not guilty of the ofiense therein charged. He denies that he has ever, by himself or with his Deputy, or with his clerks, or with either 1873.] IMPEACHMENT TRIAL. 33 of them, directly or indirectly engaged " in the purchase of lands from the State" which were " for sale in the Land OflSce of this State, of which he was chief.'' And he insists that the allegations and charges in the said article contained, are so vague, indefinite, and uncertain that he ought not to be called upon to answer the same, and this respondent excepts to the sufficiency of the said article, in this, that it is not alleged or stated therein what acts were done by him, or the time when such alleged purchases were made, or, what pieces, or kind, or class of lands were purchased, and in that it does not designate, describe, or define any act whereby this respondent can understand or know what is imputed or charged against him. He denies that he is guilty of corrupt conduct in office, or that he did commit a high misdemeanor in office, as is charged in said article, or that the facts therein stated, in manner and form as the same are therein set forth, do constitute such offense. Eor answer to Article III, he says: That by section one of act No. 239 of the Laws of 1859, the Commissioner of the Land Office was required to issue a certificate of pur- chase to eyery settler or occupant of swamp lands belonging to the State, in a subdivision of forty acres, whenever it should be made to appear to him that such settler or occu- pant had actually resided thereon for five continuous years, and had also drained the same as provided by the act of Con- gress by which such lands were conveyed to the State. By section two, before such settler or occupant could acquire the right to occupy or drain such lands, as provided by section one, he was required to file with the Commissioner his application under oath, and obtain from him a license "to enter upon and occupy and drain said lands, for the purpose of obtaining title thereto." By section three the applicant was required to make oath that-he was not the owner of forty acres of land in any State 34 JOXJEXAL OF THE [May 1, or Territory of the United States, to entitle him to the beneJBt of the act. Section four provided that the license should contain a clause that the settler or occupant should not be authorized to cut any pine or other valuable timber unless to clear the land for cultivation, and then only so much as might be nec- essary to improve the same, and for a violation of these con- ditions he should be liable as a trespasser upon State lands. This act contained no provision authorizing the Commis- sioner to sell the lands in case the applicant should obtain his license by falsehood, or without intending to reside upon or drain the land, or should not in fact settle upon it ; nor did it reach cases where he originally intended to settle upon the land but abandoned the intention afterwards. This omission in the act could only result in many pieces of land being withheld from market under these licenses, which ought to have been subject to sale. To apparently supply this defect in the system, and require more proof on the part of the settler, the act No. 108 of the Laws of ] 861 mentioned in said article was passed, section one giving the settler the right to license eighty instead of forty acres, and amending section four of the act of 1859, as follows : " Sec. 4. And it is further provided that the license for settlement granted under this act shall contain a clause which shall expressly provide that the settler or occupant shall, within three months after the date of said license, file with the Commissioner of the Land OflSce, a certificate from the supervisor of the township in which the land is located, together with the affidavit of such settler that he is in the actual possession and occupancy of such land ; * * * * and it is further provided that if such settler shall not file his certificate and oath of settlement and occupancy, as above provided, * * * * then his claim shall be deemed as void, and the Commissioner of the State Land Office shall, from and after said time, sell said lands the same as other 1873.] IMPEACHMENT TRIAL. 35 Bwamp lands, and this provision shall be inserted in the license for said lands." In 1865 other safeguards were added by act No. £69, pro- viding that any such licensed land should be subject to sale by the Commissioner after five years from the date of the license upon proof of non-settlement, and after ten years upon proof of abandonment by the licensee. ■So that since the respondent has been in oflSce he was required by the laws of 1861 to sell such licensed lands the same as other swamp lands, unless the settler should file the certificate of the supervisor of the township in which the land was located, together with his own afiSdavit, within three months after the date of his license, showing him to be in the actual possession and occupancy of the land ; and by the laws of 1865 such lands were subject to sale notwithstanding the filing of such certificate and afBdavit, after five years, upon proof of non-settlement and after ten years, upon proof of abandonment by the licensee. And this respondent respectfully submits that if a practice formerly existed in the Land Office to withhold such licensed lands from sale in favor of settlers wherfe no proofs of settle- ment and occupancy required by the laws of 1861 had been filed, that the Commissioner would commit no ofiense in obey- ing the law instead of following a practice which disregarded it. He further submits that the first and third articles are in- consistent and irreconcilable in this : That in the first it is in substance charged as an offense for the Commissioner to with- hold from sale land without rmissipeon of law, and in the third it is in substance charged as an offense to no^t withhold from sale land under the same circumstances, and that the Managers "in behalf of the House " ought not to be heard when they allege things contradictory. And further answering thereto, this respondent denies that lie had any knowledge whatever as to whether the settlers 36 JOUENAL OF THE [May 1, referred to were or were not in possession of the lands men- tioned in their licenses, or whether they ever had been in possession of such lands under the licenses or otherwise, or whether they had made any improvements on their lands, ex- cept as shown by the records of his office, and not in those cases except where his attention was specially called to them ; that his home is in the southern part of the State, distant from where this class of lands lie ; and he has never had any personal knowledge of land occupied or claimed by a settler, nor information about any such lands except in the ordinaiy course of business in the office; and that all and each and every statement, allegation, or intimation to the contrary in said article are untrue. He denies that he has or ever had any interest, directly or indirectly, in such lands, or that he ever made a profit large or small out of them, or for any information furnished about them, or expects to receive any benefit or advantage there- from. That he has furnished to no one descriptions of licensed land "for the purpose of securing gain" to himself, his Deputy, or clerks, and that all and every charge or intimation that he has done so, in the article mentioned, are false and untrue. That if his Deputy or any of his clerks have furnished any such information for any gain, it was done without his knowledge or consent and against his positive orders. And touching the practice of withholding licensed land from sale, the respondent says he was not acquainted with the practice of the office under the law of 1861, except as it came to his knowledge upon examination of the records and files of the office, and he then found that the practice in this as well as in other matters had not been uniform, and that he was unable to ascertain any settled rule existing about it. That he then himself examined the law, not unmindful of " the policy of the State to protect the actual settlers," as that policy was indicated by the laws made for his guidance. That the licenses used, and under which the lands were held, contained 1872.] IMPEACHMENT TEIAL. 37 the clause required by the law of 1861, in regard to filing proof of settlement and occupancy within three months after the date of the license, and this respondent could find no room for the exercise of a discretion on the part of the Commissioner to shield the settler from the consequence of his non-compli- ance with this law if the land should be applied for by another party; and he therefore did decide that such lands were, in the absence of such proof, subject to sale, not only in October last, but long before that time. That he made such decision in the utmost good faith, and while he did so reluctantly, he had no doubt of its correctness, and that his confidence in the posi- tion then taken has been in no degree shaken since. That the only discretion left in the Commissioner, or which the law would allow him to exercise, was to permit the settler to make the proof of possession and occupancy at any time before the land should be actually applied for by other parties, and even this seemed a somewhat forced construction of the act in favor of the settler ; but it has always been acted upon as the rule of the office in such cases by this respondent. And he respectfully submits to this Honorable Court that his said decision was and is correct under the law, and that he went so far as the law would permit him to go in favor of the settler. He denies absolutely that such decision was made corruptly, or for the purpose of gain, or in any way influenced by the hope or expectation of pecuniary gain or other advantage to himself, his Deputy, or any of his clerks, and that all such charges or intimations, whether directly or indirectly made against him in said article, are pure fabrications, and false in every particular. And in regard to furnishing descriptions of licensed lands " to divers persons on divers days and times since the decision aforesaid," charged in said article, he further says: That by section 1 of act No. 66 of the Laws of 1869, the Commissioner of the State Land Office is "authorized and required, on application of any person, and on payment by such person of 38 JOUENAL OF THE [May 1, the fees allowed by law, to make and deliver to such person a true copy of any field-notes, maps, records, or papers in his oflBce, appertaining to land titles or to the original surreys of any of the lands in this State." Section two of the act fixes the prices or fees to be charged therefor; and section three requires the fees received for such services to be paid into the State Treasury and credited to the general fund. That in obedience to this law, this respondent has, by his Deputy or clerks, furnished all parties such information, in his oflBce appertaining to land titles as they might require, without distinction of persons or discrimination as to the class of lands about which such information was asked. That he did not con- sider it his duty or right to refuse such information to any one legally applying therefor, or to inquire why or for what purpose such information was required or might be used. That he has never personally attended to this part of the office business, and has no personal knowledge of any particular case, but he knows that such was the general practice of theoflice, and will continue to be so long as he is Commissioner, unless the law is changed. That he does not doubt that his clerks have fur- nished " divers persons on divers days and times" descriptions of lands, both licensed and not licensed, as well as other infor- mation in his office appertaining to them, and he presumes that some of the persons obtaining the same purchased the lands or part of them, and patents were issued therefor, the fees received for such services being paid into the State Treasury as required by law. But he denies that he corruptly furnished such information or corruptly permitted his clerks to furnish it. He denies that he was interested directly or indirectly in such lands, or in any piece, part, or the smallest fraction of any piece or part of them, or in the information furnished about them. He denies that any improper information was fur- nished in regard to them, or that his office contains informa- tion which is improper, or which all persons have not a right to obtain upon proper application therefor. He denies that he 1872.] IMPEACHMENT TEIAL. 39 can be held responsible for the use or abuse of informatioa so obtained from the records and papers in his office. And he states that each, and all, and every averment or intimation in said article that he had, directly or indirectly, any interest in such lands, or in the information obtained about them, or that he received or expected to receive any consideration or benefit therefor or therefrom, directly or indirectly, are without any foundation whatever and wholly false. Wherefore this respondent denies that he was guilty of cor- rupt conduct in office, or that he was guilty of or did commit a misdemeanor in office, as charged in said article. ibr answer to Article IV, he says : That he is not guilty of the offense therein charged. He denies that he conspired with the said William G. Pat- rick, or other persons known or unknown, fraudulently to withhold from salej and m.ark or cause to be marked as sold, large quantities;, or any quantity whatever, of State lands, for the benefit of, or in fraud of, any one,, or with the intent to cheat or defraud honafide purchasers, settlers, or others. And he denies each and every allegation in, said article. He denies conspiring with any one to withhold land from sale. He denies withholding land from sale ; denies marking or caasing to be marked as sold on the plat books in his office, for the benefit of himself or any one else, any lands that were not sold; denies receiving by himself. Deputy, or clerks, or from any other source, any money or other thing therefor ; denies that his Deputy or clerks, or any or either of them, have received or ever will or can receive any money or other thing of value for or on account of this respondent's withholding land from sale, or for his marking or causing to be marked on the plat books of the office as sold, lands that were not sold, for the benefit of any one. And that said article is false in every particular, and as a whole. That the said Patrick is a stranger to him, and he has no recollection of ever seeing him. Wherefore he denies that he did on the first day of June, or 40 JOFENAL OF THE [May 1, on any other day or time, commit or was guilty of corrupt conduct in ofiBce, as alleged in said article. For answer to Article V, he says : He admits that from the commencement of his oflBcial term in January, 1871, he has, with his Deputy, been engaged in the purchase and sale of swamp land scrip, but not in any way so as to interfere with the due performance of his ofBcial duties; that it was the custom and practice of his immediate predecessors, as well as of all former incumbents of the office, to buy and sell such scrip, as this respondent was informed by his Deputy upon assuming charge of the office, and upon whom he then relied for information in matters relating to the customs of the office and its former practices ; that he then and still believes such business to be a legal and lawful business for the Commis- sioner to engage in. But he denies that he so engaged and carried it on as to operate in fraud, and " to the damage of the primary school fund, the several counties of the State, and of the Treasury of the State ;" denies that any and all substantive matter in the said articles contained, in manner and form as the same are therein stated and set forth, do, by law, constitute corrupt con- duct in office, or a misdemeanor in office. Further answering thereto, he says the said article does not name, designate, describe, or define any act done or mode or means used by this respondent whereby he can know or under- stand what act, or mode, or form of attempt, device, contriv- ance, or means are imputed to or charged against this respondent in his office of Commissioner of the Land Office, whereby he can more fully or definitely answer the said article than he hereby does ; and for the reason aforesaid he excepts to the sufficiency of said article. Wherefore he denies that he was guilty of corrupt conduct in office, or did commit a misdemeanor in office, as charged in said article. For answer to Article VI, he says: That when he entered upon the duties of his office, in January, 1871, mindful of the 1873.] IMPEACHMENT TKIAL. 41 high and responsible position in which he was placed, he sought to employ in his office, as clerks, men worthy of the place, to the end that the business of the office might be properly done, and the interests of the State cared for and protected. That the selection of such men is necessarily a matter of difficulty, the best judges, at times, making mistakes in the character, qualifications, and stability of the men they select. That he retained all the clerks then in the office, on the recommenda- tion of his predecessor. That upon examining the condition of the books and work which ought to be done in the office to get it in the condition it should be, he found additional clerks must be employed. That in the selection of new clerks he endeavored faithfully to select those, and only those, who were honest and capable of performing the required work in the office in a satisfactory manner, and while he may have mis- judged the candidates applying, as have other men, in like positions, he protests that he cannot and ought not to be held liable for such mistakes, if any were, in fact, made. He further says that the clerks whom he supposes the " Managers on behalf of the House " refer to in said article as "certain men of dissolute habits and character," had, previous to their employment in the office, occupied positions of honor and trust in the county where they had for many years resided, sustaining themselves well, and giving general satisfaction. That their character and standing in the community where they had long been known was good, and their social relations and positions of the most unexceptionable kind, and the respondent knew of no reason why they were not in every way "worthy of the high trust and confidence necessarily required of men in their positions." That so far as their duties in the office are concerned, he knows they were capable and efficient, and whatever their private life may have been, he denies that he can be held responsible for it. He denies that he ever appointed or kept in his office as clerk, any one, ■6 42 JOUENAL OF THE [May 1, with, good or bad habits, "for the corrupt and nalawful pur- pose of personal benefit and gain," as cha,rged in said article, or that he ever received or expects to receive, from them or from any one, a " personal benefit or gain," by reason of the employment of any clerk in hia office, and that such statement,, in the manner and form as charged in said articles^ is wholly devoid of truth. And with reference to allowing his clerks to purchase lauds for sale in the Land Offic, or to be interested in purchases made in the name of others, and to act as agents for reward for land dealers in entering land, he says that if any of his clerks did purchase such lands, or were interested, directly or indi- rectly, in purchases made in the name of other% or did act as agents for others> as charged in said article, they did so secretly and clandestinely, without the knowledge or consent of this respondent, and against his orders, and knowing that all safih. practices were prohibited by him and would not be permiisted: if they came to his knowledge — aad he denies that he can ba held responsible for them, or that he thereby committed, any oflEense whatever. And as to his clerks selling "valuable in formation contained in such office," he answers that all information contained in the office is public property, and for sale under Act No. 66 of the Laws of 1869, to any person applying and paying the legal fees therefor, but that if they sold the same corruptly and there- by got "unlawful gain," he did not then, and does not now know it, and they did it without his authority, knowledge, or consent. And further answering, he says, that after becoming ac- quainted som'ewhat with the business of the office, and the temptations thrown in the way of clerks to act as agents for outsiders, besides his verbal orders, he, about the first of July, 1871, caused to be printed rules for the government of the office, of which' this is a copy : 187?.] IMPEACHMENT TEIAL. 43 RULES AND KBGULATIONS OF THE STATE LAND OFFICE — ^FOB THE INFOEMATION.OF EMPLOYES ONLY. Office hours from 8 A. M. to 12 M., and from 1* P. M. to 5 P. M. Clerks will be at their posts promptly, and devote their time, during office hours, exclusively to office business. Any information sought will be cheerfully given, and all business matters carefully attended- to, by the Commissioner or Deputy; but no employe in the office will be allowed to act as agent for other parties, or transact any business in the office, except in the regular discharge of his duties. Habitual and loud conversation must not be indulged in. Smoking in the office is prohibited. lieaye of absence, not to exceed four weeks in any one yeai, will: be granted to clerks, at such times as wiU least interfere with the business of the office. CHAS. A. EDMONDS, Commissioner. A copy of these rules was given to each of the clerks in the office and the same were caused to be posted in the office for the information of all his employes, where they yet remain ; and that if such rules, or the verbal instructions mentioned, have been violated by the clerks in his office, this respondent had no knowledge of the tact, and he submits he is not in this proceeding responsible therefor. » And he denies that by reason of any matter in said article contained he was guilty of corrupt conduct in office or did commit a misdemeanor in office. And also denies that any and all matters in the said article contained, in manner and form as the same are therein stated and set forth, do constitute corrupt conduct in office, or a misdemeanor in office, within the true intent and meaning of the Constitution of this State, And he here excepts to the sufficiency of the allegations contained in said article, and states for ground of exception, that it is not stated or alleged therein that this respondent had any knowledge of the alleged corrupt conduct of his clerks. And for answer to Article VII, this respondent says : That upon taking possession of the office, in January, 1871, he was- 44 JOUENAL OF THE [May 1, not well enough imformed of its duties and the manner in which the bustness of the office had been or should be done, to not depend upon others. That he appointed for his Deputy one who had been in the office for many years, and was well recommended for "the position by his immediate predecessor, under whom he had served, supposing him to be familiar with its duties and the practice of the former Commissioners, and a person whom he could trust to manage it until he should himself learn its duties; and, for the first few months of his term, he was compelled to and did trust to his Deputy to carry on the office ; the orders of the respondent to him being to conduct it as though no change in the chief had been made ; this respondent, in the mean time, studying the laws relating to his duties, and gradually familiarizing himself with the work and detail of the office. That he used a compilation of the Land Office laws, prepared by his predecessor, containing, as he understood, all the laws in the State pertaining to that department, but it did not contain this section 234 referred to in said article, and this respondent was not aware of the exist- ence of any such law until since this proceeding was com- menced against him. That during these investigations he kept careful watch of his Deputy and of his management, and at different times suggested changes, but he was always met with opposition and the assurance that such had always been the practice of the office. That his Deputy did not tell him, nor did this respondent discover, this practice of retaining money sent for land, and entering the land with swamp-land scrip from actual transactions in the office by his Deputy, but he heard of it outside the office. Upon investigation he ascer- tained that such had been the practice of the office during all former administrations of it so far back as he could get any information about it; but this respondent did not approve of it, and thereupon ordered it to be discontinued, and all moneys received for such lands to be paid into the State Treasury, and the land entered with cash and not with scrip ; and, finally, to 1872.] IMPEACHMENT TEIAL. 45 insure a change in this as well in other practices which he deemed prejudicial to the public interests, he changed his Deputy, and the practice ceased. He therefore denies that he has committed a crime against the laws of this State, or is guilty of misco'ndnct in office by reason of any matter or thing in said article contained, and he denies that the matters and things in the said article contained, in manner and form as the same are therein stated and set forth, do constitute a crime under the laws of this State, or misconduct in office within the meaning of the Constitution of this State. And this respondent maintains and will insist further that said section 234 has no application to the respondent, and never had ; and that the law itself has not been in force as a law for over fifteen years. 1. That the section mentioned, found under the general title of " Provisions respecting State indebtedness and State Fund Commissioners," is Sec. 4 of Act 30 of the Laws of 1843, entitled "An act to provide for the withdrawal of Treasury notes, and for other purposes," the first section of which (although not printed in the Compiled Laws) is as much in force as the others, included collectors of moneys for freight or fare on the works of internal improve- ment of the State, and the commissioners or superintend- ents who received it, requiring the collector to pay over to them "the identical funds received," and the commissioner or superintendent to pay the same into the State Treasury "in the specific funds received." Certain other officers are mentioned in other parts of the act, but the Commissioner of the Land Office is nowhere named or referred to. The "Fund Commissioners" mentioned in the title were a board created by "An act to estabhsh the State Bank of Michigan," being Act No. 37 of the Laws of 1839, who had the superintendence and arrangement of the sinking fund, the internal improvement Fund, the surplus revenue, the common school and University 46 JOURNAL OF THE [May 1, funds, "and all other funds belonging to this State." Section 334 (section 4 of the act) includes only the classes of officers referred to in the act, whose duty it was by the then existing laws to collect or receive " debts, taxes, or other 'dues coming to the State." The section is specific in defining and designating them as the " aforesaid collecting and disbursing officers or agents," meaning those before referred to, as well as designating the funds as those "coming to the State" from the sources named. The Commissioner of the Land Office never collected or disbursed such funds, nor did they ever " pass through his hands." 2. The State Land Office was first inaugurated by Act No. 43 of the Laws of 1843, but was only a bureau in the Auditor General's office until January 1, 1844, when the first Commis- sioner of the State Land Office was created; so that the law of 1843, upon which the article is based, could not have had ref- erence to, or included that officer ; besides, the same subject matter is provided for in section 30 of the act creating that officer. 3. The Laws of 1855, Act No. 153, provide : " Sec. 3. No official bond shall hereafter be required of the Commissioner of the State Land Office, and all moneys here- tofore required to be received by him, shall hereafter be received by the State Treasurer (except as herein provided), who shall, in all cases, give receipts for the same, which receipts shall be countersigned by the Auditor General, as in other cases ;" and the act nowhere provided for his receiving any funds. Under Act No. 66 of Laws of 1869, he can receive fees for office infor- mation, and by the act No. 85 of 1869, the purchasers of the trust fund or swamp lands " shall be permitted to pay " to the Commissioner moneys due from time to time on their certifi- cates, " either for principal, interest, or penalty," on redemp- tion from forfeitures ; but he is not, by law, made the receiver of moneys paid on the sale of swamp or other lands ; nor ig he, in any sense, a collecting or disbursing officer, or " other 1872.] IMPEACHMENT TRIAL. 47 oflBcer or agent through whose hands (such) public moneys pass" as are referred to in said section 234. 4. The section only included oflBcers handling funds due or to become due the State, from sources then existing, and in the act apecified, whereas the State had no swamp land until after the passage of the act of Congress of September 28, 1850, and hence the act of 1842 could not have contemplated or Included funds coming from that source. Besides it does not include money to be paid or received on sales of land, but is limited in express terms to the funds "received in the collection of taxes or other public dues, or for freight and charges to passengers on the State railroads." 5. The act of 1842 is not to be found in the Revised Statutes of 184C, but the subjects of embezzling by State ofiScers and of paying over moneys to the person authorized by law to receive the same, are provided for in sections 27 and 28 of chapter 154; and section 1 of chapter 173 of that statute declares that " all acts and parts of acts heretofore passed by the Legislature shall be repealed ***** the subjects wher6of are revised and re-enacted in these Revised Statutes, or which are repugnant to the provisions therein con- tained." The subjects of the section upon which the charges in the article is based, having been revised and re-enacted by the Revised Statutes of 1846, the old act was no longer in force. Wherefore, for the reasons and matters aforesaid, he excepts to the sufficiency of the said article. And in answer to Article VIII, this respondent denies that he is guilty of a misdemeanor in manner and form as the same is therein charged, and denies that the matters in said article contained, as the same are therein stated, do constitute a misdemeanor within the meaning and intent of the statute of this State. And he here excepts to the sufficiency of said article^ in this, that it does not state that this respondent knew the said printed paper to be of the character or kind therein alleged. 48 JOUENAL OP THE [May 1, And he further says, that neither the said article, ner any allegation therein contained, touch or relate to any official act or doing of this respondent in the office of Commissioner of the State Land Office, or in the discharge of any of his con- stitutional or legal duties or responsibilities, but said article, and the allegations thereof, relate only to this respondent as a citizen, in his personal capacity ; and he denies that by reason of any matter in said article alleged, he, as Commis- sioner of the State Land Office, has been gnilty of a misde- meanor within the intent and meaning of the Constitution of this State. For answer to Article IX, he denies that he did commit a crime against the laws of the United States in manner and form as the same is therein charged, and denies that the mat- ters in said article contained, as the same are therein stated, do constitute a crime within the meaning of the laws of the United States. And he further says that neither the said article nor any allegation therein contained, touch or relate to any official act or doing of this respondent in his said office, or to the discharge of any of his official duties or responsibilities, but relate only to him as a citizen in his personal capacity. And he denies that by reason of any matter in the said article alleged, he, as Commissioner of the State Land Office, did commit a crime within the true intent and meaning of the Constitution of this State. In answer to Article X, he says that he did not commit and is not guilty of any of the matters therein charged, and he denies each and every allegation therein contained, and says that the same are untrue, and he denies that the matters in the said article contained, in manner and form as the same are therein stated and set forth, do constitute good cause for removal from office within the meaning of the Constitution and laws of this State. And in answer to Article XI, this respondent says : That he did not commit, and is not guilty of any of the offenses or mat- 1872.] IMPEACHMENT TRIAL. 49 ters therein ekarged, and says the same are false and untrue. He denies that the matters iii the said article contained, in man- ner and form as the same are therein stated and set forth, do constitute a crime within the meaning of the statute of this State, arid he denied that the matters therein alleged and the alleged crime therein charged, can be investigated upon the complaint or presentment of the Managers acting "on behalf of the House." And further assuming, he says that neither the said article nor any allegation therein contained towjh or relate to any ofiBcial act or doing of this respondeat in his said of5.ce, or to the discharge of any of his official duties or responsibilities, but relate only to him as a citizen in his personal capacity, stud he denies that by reason of any matter in the said article con- tained he did commit or was guilty of a crime within the meaning or intent of the Constitution of this State. And this respondent, in submitting to this Honorable Court this his answer to the articles of impeachment exhibited against him, respectfully reserves leave to amend and add to the same from time to time as may become necessary or IJroper, and when and as such necessity and propriety shall appear. CHAS. A. EDMONDS. Jko. B. Shipman, Jonas H. McGowan, Of Counsel. The reading of the answer of the respondent ha;ving been concluded, Mr. Komeyn moved that the answer of the respondent, Charles A. Edmonds, to the articles of impeachment exhibited against him on the part of the House of .Eepresentatives, be received and filed j Which motion- prevailed, by yeas and nays as follows : YEAS. Mr, Alexander, Mr. Jenks, Mr. Stockbridge, Ball, Mann, Stoddard, 50 JOURNAL OF THE [May 1, Mr. Storrs, Waterbury, Wheeler, White, Wilcox, PresidjMit pro ten., Mr. Barber, Mr. Moffatt, Begole, Neasmith, Bennett, Price, Briggs, Prutzman, Cawley, Putnam, Dexter, Eomeyn, Gay, Sheley, . Hannahs. ^" KAYS. And the answer was filed with the Secretary. Mr. Sheley asked leave of absence for himself for two days. Leave was not granted. On motion of Mr. Waterbury, The Senate, sitting as a Court of Impeachment, took a recess until 2 o'clock this afternoon. AI'TEKNOOH' SESSIOlf. 3 o'clock p. M. The Senate, sitting as a Court of Impeachment, met and was called to order by the President pro tern. Proclamation was made in due form. Eoll called : a quorum present. Mr. McGowan, in behalf of the accused, presented the fellow- ing protest, and asked that it be ordered placed on file : The Senate of the State of Michigan, sitting as a Court of Impeachment, in the matter of the impeachment of Charles A. Edmonds, Commissioner of the State Land Ofiice : The respondent hereby respectfully protests, and asks that the Managers on behalf of the House of Eepresentatives be not allowed to file any replication to his answer herein, for the reason that the same has not been adopted or in any way acted upon by the House of Representatives, in whose behalf said Managers assume to act in this matter, and who alone can be heard in reply thereto. JNO. B. SHIPMAN, JONAS H. McGOWAN, Counsel for Respondent. .873.] IMPEACHMENT TKIAL. 51 The protest was ordered filed, by yeas and nays, as follows ; YEAS. Hr. Ball, Mr. , Price, Mr , Waterbury, Barber, Prutzman, Wheeler, Begole, Putnam, White, Dexter, Komeyn, Wilcox, Hannabs, Stockbridge. President Jenks, Stoddard, pro tern., Moffatt, Storrs, NAYS. 20 tfr. Alexander, Mr. . Cawley, Mr, , Mann, Briggs, Gay, Neasmith, 6 Manager Grosvenor submitted the following order, and bsked its adoption : Ordered, That the House of Kepresentatives, by its Mau- igers, be allowed to file replication to the answer of Charles \.. Edmonds, Commissioner of the Land Office. The order was adopted, by yeas and nays, as follows : YEAS. Hr. Alexander, Mr. Jenks, Mr. Stoddard, Ball, Mann, Storrs, Barber, Moffatt, Waterbury, Begole, Neasmith, Wheeler, Bennett, Price, White, Briggs, Prutzman, Wilcox, Cawley, Putnam Wood, Dexter, Komeyn, President Gay, Stockbridge, pro tern., Hannahs, 27 NAYS. Thereupcm, Mr. Grosvenor, on the part of the Managers, read the repli- sation of the House of Kepresentatives, by its Managers, as bllows : 52 JOURNAL OF THE [May 1, Eeplication on behalf of the House of Eepresentatives of the State of Michigan, with the permission of the Senate, to the answer of Charles A. Edmonds, Commissioner of the Land Office of the State of Michigan, to the particulai' articles of impeachment filed against him in pursuance of its impeach- ment for corrupt conduct in office, and for crimes and mis- demeanors. The House of Eepresentatives of the State of Michigan, by its Managers, having considered the several answers of Charles A. Edmonds, Commissioner of said Land Office, to the several articles of impeachment exhibited in the name of the House of Representatives and of the people of the State of Michigan, and reserving to said House of Eepresentatives all advantages of exception to the insufficiency of his answers to each and to all of the said several articles so exhibited against him, do deny each and every averment in said answers, or either of them, which denies or traverses the acts, crimes, or misde- meanors charged against him in said articles or either of them, and for replication to said answer, do say that Charles A. Edmonds, Commissioner of said Land Office, is guilty of the corrupt conduct in office and of the crimes and misdemeanors mentioned in said articles, and that the House of Representa- tives, by its Managers, are ready to prove the same. I. R. GROSVENOR, B. AV. HUSTON, Jr. L. COCHRANE, Managers on the part of the House of Represe7itatives. Mr. Manager Grosvenor moved that two of the Managers do open the case on the part of the House of Representatives, — one to state the propositions of law and the other the facts upon which they will rely to make good the arfccles of im- peachment ; Which motion prevailed. Mr. McGowan, on behalf of the accused, submitted the following : 1872.] IMPEACHMENT TRIAL. 53 Iq the Senate of the State of Michigan, sitting as a Court of Impeachment: The State of Michigan, vs. Charles A. Edmonds, Commissioner of the State Land Office: The respondent respectfully submits to this Honorable Court the following questions, and requests their decision thereon and answer thereto, severally and separately, to wit : 1. Shall any testimony be submitted or given under the article numbered eight, by the Managers ? 3. Shall any evidence be given by the Managers under the article numbered nine ? 3. Shall any evidence be given by the Managers under the eleventh article ? JNO. B. SHIPMAN, J. H. McGOWAN, Counsel for Respondent. On motion of Mr. Eojneyn, Ordered, That the Senate chamber be closed while the Sentate consider the qiiestions submitted. Mr. MofFatt moved that the Senate, sitting as a court, decline to answer the questions at present, but will act upon them as they may arise during the progress of the trial ; Which motion prevailed. On motion of Mr. Wheeler, The doors of the Senate were opened, and The President pro tern, announced that the Senate declines to answer the questions at present, but will act upon them as they may arise during the progress of the trial. On motion of Mr. Wheeler, The questions were laid on the table. The President pro tern, informed the Managers that they could now proceed in the trial of the impeachment. Messrs. Cochrane and Huston, on the part of the Man- agers, addressed the Senate in support of the articles of im- 54 JOURNAL OF THE [May 2, peachment presented by them against Charles A. Edmonds, Commissioner of the State Land Office. After which, On motion of Mr. Moffatt, The Senate, sitting as a Court of Impeachment, adjonrned until to-morrow morning at 10 o'clock. Lansing, Thursday, May 2, 1872. The President pro tern, announced that the hour of 10 o'clock A. M., to which the Senate stood adjourned, being the hour fixed, for the sitting of the Senate for the trial of the impeachment of Charles A. Edmonds, had arriyed. The Sergeant-at-Arms made proclamation in due form. Roll called : a quorum present. Mr. Romeyn submitted the following and moved its adop- tion as a standing rule of the Senate sitting as a Court. Considering, The character of the proceeding now pending before the Senate of Michigan, to wit : the trial of an impeach- ment found by the House of Representatiyes against a high officer of the State for corrupt conduct in office and for crimes and misdemeanors ; Considering, That the Senate sitting as a Court of Impeach- ment, are judges both of law and fact, and that the reasons for the exclusion of evidence on a trial before an ordinary court, when the questions of law and fact are distinguished from each other, as being the one the province of the court and the other of the jury, do not apply to this proceeding, and that according to the usage in the trial of impeachments, a degree of latitude of inquiry and freedom from technicality properly obtain, and Considering, That the members of the Senate must fre- quently differ in opinion as to the admissibility of the evidence offered ; 1872.] IMPEACHMENT TEIAL. 55 Therefore, For the removal of such differences and for the dispatch of business, it is advisable that all evidence offered on either side, not trivial or obviously irrelevant, ^all be received without objection, it being understood that the same when admitted shall be subject to discussion and comparison at the bar for the determination of its competency and value, and shall be duly sifted and weighed by the Senators in determin- ing their final judgment ; Which motion did not prevail, by yeas and nays as follows : YEAS. Mr. Begole, Oawley, Mr. Hannahs, Mr. Mann, NAYS. Mr. Neasmith, Price, Prutzman, Putnam, Eomeyn, Stockbridge, Stoddard, Storrs, Mr. "Waterbury, Wheeler, White, Wilcox, Wood, President •pro tern. 22 be excused from Mr. Alexander, Ball, Barber, Briggs, Dexter, Gay, Jenks, Moffatt, Pending the announcement of the vote, Mr. Moffatt moved that Mr. Eomeyn voting ; Which motion did not prevail. Mr. Eomeyn then voted as recorded. Mr. Moffatt submitted the following order, and moved its adoption : Ordered, That the Secretary of the Senate be instructed to cause to be forwarded to each newspaper published in the State, to the judges of the Supreme and Circuit Courts, and county clerks, the daily journals of the Senate, sitting as a Court of Impeachment for the trial of Charles A. Edmonds, and of the " Impeachment Proceedings," Which motion prevailed, by yeas and nays, as follows : 56 JOUKNAL OF THE [May 2, YEAS. Mr. Alexander, Ball, Barber, Begole, Briggs, Cawiey, Dexter, Gay, Hannahs, Mr. Shipman, on behalf of the accused, moved that no evi- dence be received under the eighth, ninth, or eleventh articles, before to-morrow morning ; Which motion did not prevail, by yeas and nays, as follows : YEAS. Jenks, Mr. Stockbridge, Mann, Storrs, Moffatt, Waterbitry, Neasmith, Wheeler, Price, White, Prutzman, Wilcox, Putnam, Wood, Komeyn, President NAYS. pro Urn., 25 Mr. Alexander, Briggs, Hannahs, Mr. Prutzmam, Eomeyn, Stockbridge, KAYS. Mr. Wilcox, Wood, President pro fern., Mr Barber, Begole, Cawiey, Dexter, Gay, Mr. Putnam, Storrs, Waterbury, Wheeler, White, 16 Mr. Jenks, Mann, Moffatt, Neasmith, Price, Francis H. Kirk, a witness on the part of the State, was then called by the Managers, and after having been duly sworn, and while under examination, A question was propounded him by Manager Grosvenor. Mr. Shipman, of counsel for the accused, objected to the question. After consultation, the objection was waived under an arrangement between the Managers and counsel for th« accused that the testimony might be received, and objections submitted thereto to-morrow morning. After further examination by the Managers the witness was dismissed. IS-J-a.] IMPEACHMENT TRIAL. 57 Addison Merrillj a witness on the part of the State, was called by the Managers, and, after having been duly sworn, was examined by the Managers. J. G. Eraser, a witness on the part of the State, was called by the Managers, and after haying been duly sworn, and while under examination, a question was propounded him by Man- ager Grosvenor. Mr. McGowan, of counsel for the accused, objected to the question. The President ^?-o tern, expressed the opinion that the testi- mony was not competent and should not be heard unless the Senate should decide otherwise. After further examination by the Managers the witness was dismissed. F. H. Bringhurst, a witness on the part of the State, was called by the Managers, and, after having been duly sworn, was examined by the Managers and cross-examined by the eonnsel for the accused. On motion of Mr. Jenks, The Senate, sitting as a Court of Impeachment, took a recess until 2 o'clock this afternoon. AFTERNOON SESSION. 2 o'clock P. M. The Senate, sitting as a Court of Impeachment, met and Avas called to order by the President j?ro tern. Proclamation was made in due form. Eoll called : a quorum present. Mr. Eomeyn asked and obtained leave of absence for Mr. Gay for the day. Mr. Wheeler moved to strike out the word " depending," in Eule 31, and insert in place thereof the word "pending;" Which motion prevailed, by yeas and nays, as follows : 58 JOUKlsrAL OP THE [May 2, YEAS. Mr. Alexander, Mr. Neasmith, Mr. White, Begole, Price, Wilcox, Briggs, Prutzman, Wood, Gawley, Waterbury, President Hannahs, Wheeler, pro tern. MofFatt, NAYS. 15 Mr. Ball, Mr, , Jenks, Mr, , Romeyn, Barber, Mann, Stockbridge, Dexter, Putnam, Storrs, 9 Orrin B. Quigley, a witness on the part of the State, was called, and, after being having been duly sworn, was examined by the Managers, and cross-examined by the counsel for the accused. James H. Baker, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Managers. The Managers offered in evidence a slip of paper cut from the register of the Merrill House, in Laporte, Ind., which was received and ordered filed with the Secretary. T. H. Bringhurst was recalled, and further examined by the Managers. J. G. Eraser was recalled, and further examined by the Managers. Seth Lewis, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Man- agers. E. H. Porter, a' witness on the part of the State, was called, and, after having been duly sworn, was examined by the Mana- gers, and cross-examined by the counsel for the accused. Mr. Ball offered the following resolution : Resolved, That the sum of dollars per day be allowed each witness attending on behalf of the people, and the same mileage as provided for members of the Senate. Mr. Wheeler moved to lay the resolution on the table ; 1872.] IMPEACHMENT TKIAL, 59 Which motion did not prevail. Mr. Briggs moved that the blank be filled with the word " two;" Which motion prevailed. The resolution was adopted, by yeas and nays, as follows : YEAS. Mr. Alexander, Ball, Barber, Begole, Briggs, Cawley, Mr. Moffatt, Komeyn, Mr. Dexter, Hannahs, Jenks, Mann, Neasmith, Price, NAYS. Mr. Waterbury, Wheeler, Mr Prutzman, Putnam, Stoekbridge, Storrs, White, Wood, 18 Mr. Wilcox, President pro tern. 6. Mr. Briggs moved that the Senate adjourn ; Which motion did not prevail. On motion of Mr. Wheeler, The Senate, sitting as a Court of Impeachment, adjourned until toTmorrow morning at 9 o'clock. Lansing, Friday, May S, 1872. The President pro tern, announced that the hour of 9 o'clock A. M., to which the Senate stood adjourned, being the hour fixed for the sitting of the Senate for the trial of the impeach- ment of Charles A. Edmonds, had arrived. The Sergeant-at-Arms made proclamation in due form. KoU called : a quorum present. Mr. Wheeler asked and obtained leave of absence for Mr. Stoddard for an indefinite time. Mr. Wheeler asked and obtained leave of absence for Mr. Jenks for the day. 60 JOUENAL OF THE [May 3, Mr. White asked and obtained leave of absence for himself, after the 4th inst., for an indefinite time. The President ;)ro tern, announced the following: Senate Chambek, [ Lansing, Mich., May 1, 1872. \ Hon. P. II. Emerson, Presiding Officer of the Senate : Sir : — The most pressing and important private and public business renders it imperative for me to resign the position of Senator of the Fourth Senatorial District. Very respectfully, Your obd't servant, S. BROWNELL. The communication was ordered placed on file. The President also announced the following: Septate Cbambeb, ) Lansing, Mich., May 1, 1872. j Hon. P. H. Emerson, President pro tern, of the Senate : I hereby resign my position as State Senator for the Tenth District of Michigan. T. G. BENNETT. The communication was ordered placed on file. Mr. Eomeyn submitted the following order, and moved its adoption : Ordered, That the hours of session of the Senate, sitting as a Court of Impeachment of Charles A. Edmonds, now pend- ing, shall be from 9 o'clock A. M. to 13 o'clock M., and from 3 o'clock to 4 o'clock P. M., on each day of the trial, unless otherwise ordered. The motion prevailed, by yeas and nays, as follows: YEAS. Mr. Storrs, Waterbury, Wheeler, White, Wilcox, Wood, Mr. Alexander, Mr . Mann, Ball, Moffatt, Barber, Neasmith, Begole, Price, Briggs, Prutzman, Cawley, Putnam, 1872.] IMPEACHMENT TRIAL. 61 Mr. Dexter, Gay, Hannahs, Mr. Romeyn, Mr. President Sheley, pro tern., Stockbridge, 35 Wilcox, Wood. President pro tern., 15 NAYS. E. H. Porter, a witness on the part of the State, was recalled and cross-examined by the counsel for the accused. A ques- tion was asked the witness. The Managers objected to the question. The motion was submitted to the Senate, and it was decided that the question be put to the witness, by yeas and nays, as follows : YEAS. Mr. Alexander, Mr. Mann, Mr. Barber, MoflEatt, Begole, Price, Briggs, Prutzman, Hannahs, Eomeyn, Jenks, Sheley, NAYS. Mr. Ball, Mr. Putnam, Mr. Wheeler, Cawley, Stockbridge, White, Dexter, Storrs, Neasmith, Waterbury, 10 And the question was put to the witness. After further cross-examination by the counsel for the accused, the witness was re-examined by the Managers, and upon such re-examination a question was asked by Manager Grosvenor. Mr. McGowan, of counsel for the accused, objected to the question. The President ^ro tern, expressed the opinion that the testi- mony was competent and should be heard unless the Senate should decide otherwise. After further re-examinatiori by the Managers, a question was asked the witness, by the Managers. Mr. Shipman, of counsel for the accused, objected to the question. 63 JOUKNAL OF THE [May 3, On motion of Mr. Waterbury, ■ Ordered, That the Senate chamber be closed while the Senate consider the question submitted. The question was submitted to the Senate, and it was de- cided that the question be put to the witness, by yeas and nays, as follows : YEAS. Mr. Ball, Mr, , Hannahs, Mr , Sheley, Begole, Mann, Stockbridge, Briggs, Moffatt, Storrs, Cawley, Price, Waterbury, Dexter, Prutzman, White, Gay, Putnam, N"AYS. Vi Mr. Alexander, Mr. Eomeyn, Mr. Wood, Barber, "Wheeler, President Jenks, Wilcox, pro tern,, Neasmith, C On motion of Mr, Jenks, The doors of the Senate were opened, and The President joro tern, announced that the Senate had con- sidered the question and had decided that the question be put to the witness. Pending the further re-examination of the witness, Mr. Wheeler moved that a committee of three be appointed by the Chair, to confer with the State Printer relative to the cause of the delay in the printing of the Impeachment Pro- ceedings ; Which motion prevailed. The President ^ro tern, announced as such committee, Sena- tors Wheeler, Moffatt, and Waterbury. On motion of Mr. Eomeyn, The Senate, sitting as a Court of Impeachment, took a recess until % o'clock this afternoon. 1873.] IMPEACHMENT TKIAL. 63 AFTERNOON SESSION. 2 o'clock p. M. The Senate, sitting as a Court of Impeachment, met and was called to order by the President pro tern. Proclamation was made in due form. EoU called : a quorum present. The re-examination of E. H. Porter was continued by the Managers, and the witness was re-cross-examined by the coun- S3l for the accused. D. W. Allison, a witness on the part of the State, was called by the Managers, and, after having been duly sworn, was ex- amined by the Managers and cross-examined by the counsel for the accused. Mr. Huston, on behalf of the Managers, offered in evidence Primary School Land Certificate No. 10,934, and an assign- ment thereof signed and executed by Cyrus Hewitt, which were received and ordered filed with the Secretary. Wm. C. Bush, a witness on the part of the State, was called by the Managers, and, after having been duly sworn, and while under examination. The following question was asked by Manager Huston : " What was the arrangement between yourself and Mr. Bar- nard in regard to the lands ?" , Mr. Romeyn raised the point of order that it was incompe- tent to examine the witness as to the official conduct of Barnard before the connection of the respondent with the Land Office, and his control of the same. Pending which. The hour of 4 o'clock P. M; having arrived, the President pro tern, declared the Senate, sitting as a Court of Impeach- ment, adjourned until to-morrow morning at 9 o'clock. 64 JOUEXAL OF THE [May 4, Lansing, Saturday, May 4, 1872. The President pro tern, announced that the hour of 9 o'clock A. M., to -which the Senate stood adjourned, being the hour fixed for the sitting of the Senate for the trial of the impeach- ment of Charles A. Edmonds, had arrived. The Sergeant-at-Arms made proclamation in due form. Eoll called : a quorum present. The President jsro tern, announced that the question pend- ing at the time of the adjournment was: Shall the following question be put to the witness Bush : Question — " What was the arrangement between yourself and Mr. Barnard in regard to the lands?" Pending which : Mr. Ball announced the death of Hon. 1. M. Cravath, a member of the Senate from the Twenty-first Senatorial District, and asked and obtained unanimous leave to offer the following resolutions : Whereas, We have learned this morning, with profound sorrow, of the death of the Hon. Isaac M. Cravath of Lansing, Michigan, a member of the Senate for the Twenty-fii:st Senatorial District; therefore Resolved, By the Senate of the State of Michigan, That so great a loss to us and to those whom he represented, as an active, vigilant, and upright public servant, in the death of the Hon. Isaac M. Cravath, should receive a befitting and appro- priate recognition ; Resolved, That our appreciation of the kind, manly, and genial traits which characterized the deceased in all his oflBcial acts as a member of this Senate, and in his private intercourse with us, causes a feeling of profound sorrow ; Resolved, That, to his bereaved wife we extend, with deepest sympathy, our condolence in the loss of a true and loving hus- band, thus suddenly removed from her; Resolved, That, as a further mark of respect for the deceased, the Senate attend his funeral in a body, and that these resolu- 1872.] IMPEACHMENT TKTAL. 65 tions: be entered upon the journal, and a copy of them be transmitted to the wife of the deceased : Resolved, That this Senate do now adjourn until Monday next, May 6th, at 2 o'clock P. M. The resolutions were adopted^ all the Senators present yoting therefor, as follows : YEAS. Mr. Alexand£r, Ball, Barber, B^gole, BriggSi Cawley, Dexter, Gay, Hannahs, Mr. Jenks,, Mann, MbflEatt, Neaemithi Price, Prutzman, Putnam, Eomeyn, Sheley, . And the President pro tern: declared the Senate, sitting as a Court of Impeachment, adjourned till Monday, the 6thinst;» at 2 o'clock in the afternoon. Mr. Stockbridg^i, Storrs, Waterbury, Wheeler; WMt6,, Wilcox, Wood, President proihrvi. Lansing, Monday, May 6, 1872. The President pro tern, announced that the hour of 2 o'clock P.M., to which the Senate stood adjourned, being the hour fixed for the sitting of the Senate, for the trial. of theampeach- ment of Charles A. Edmonds, had arrived. ThcSergeant-atfArms made pi"oclamatio.n in- due form. EoU called : not a. quorum present. The President joro^cm. declared the Senate,; sitting as. a Court of Impeachment, adjourned until to-morrow morning at 9 o'clock. 66 JOURNAL OP THE [May 1, Lansing, Tuesday, May 7, 1873. The President pro tern, annoanced that the hour of 9 o'clock A. M., to which the Senate stood adjourned, being the hour fixed for the sitting of the Senate for the trial of the impeach- ment of Charles A. Edmonds, had arrived. The Sergeant-at-Arms made proclamation in due form. EoU called : a quorum present. The President ^ro tern, announced' that the question pend- ing at the time of the adjournment was : Shall the following question be put to the witness Bush : " What was the ar- rangment between yourself and Mr. Barnard in regard to the lands?" The Senate decided that the question should be put to the witness by yeas and nays, as follows : YEAS. Mr. Alexander, Mr. Jenks, Mr. Sheley, Ball, Mann, Stoddard, Begole, Moffatt, Storrs, Dexter, Neasmith, Waterbury, Gay, Putnam, "Wheeler, " Hannahs, NAYS. Mr, Barber, Mr. Prutzman, Mr. White, Briggs, Romeyn, Wilcox, Price, Stockbridge, President 16 pro tern., 9 The witness was recalled, and the question put. The witness was further examined by the Managers, and cross-examined by the counsel for the accused. Mr. Wheeler asked the following question of the witness : "At the time of the making of the afladavit in the Diamond case, was you in the employ of Ripley? If so, in what capacity?" The witness having made answer, Mr. Wheeler asked the following question of the witness : " If you was not in the employ of Ripley at that time, what consideration did you receive for your services in the matter ?" Answer having been made. 1872.] IMPEACHMENT TRIAL. 67 After further examination the witness was dismissed. Mr. Huston, on hehalf of the Managers, ofifered in evidence fonrteen letters from Wm. A. Barnard to William C. Bush, which were received and ordered filed with the Secretary. [See Appendix, Exhibits D, E, P, G, H, I, J, K, L, M, N, 0, The hour of 12 o'clock M. having arrived, the President ^ro tern, announced that the Senate, sitting as a Court of Impeach- ment, would take a recess until 2 o'clock this afternoon. AFTEENOON SBSSIOIf. 3 o'clock P. M. The Senate, sitting as a Court of Impeachment, met and was called to order by the President pro tern. Proclamation was made in due form. Roll called : a quorum present. W. C. Bush was recalled and further cross-examined by the counsel for the accused. Mr. Sheley asked the following question of the witness : " Did Mr. Edmonds know of the arrangement between your- self and Mr. Barnard ?" The witness made answer thereto, and was further cross- examined by the counsel for the accused, re-examined by the Managers, and re-cross-examined by the counsel for the accused. John B. Dwinell, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Managers. Philip Kershner, a witness on the part of the State, was called, and, having been duly sworn, was examined by the Managers, and cross-examined by the counsel for the accused. Mr. Huston, on behalf of the Managers, offered in evidence "Patent No. 22891, made 'by State of Michigan to Philip 68, JOURNAL OP THE L^ay &, Kershnerj" w;hich was received, and, ordered filed with- the Secretary. [See Appendix,, Exhibit E.] . Hi J. Corbua, a witness on the pari of the State, was called, and, ,3fter having been duly, sworn, was examined by the Man- agers and crossrexamined by the-co,unsel for the accused. Orson Bouck, a witness on the part of the State, was calledy and, ^fter.having been duly sworn, was examined by the Mana- gers and cross-examined by the counsel foritbe accused. Mr. Briggs asked the witness the following question: " Did Mr. Cornell, at any time when at your place, show you any license, or certificate of purchase of the lands from the Land Office ?" The witness made answer thereto, and, after cross-exami- nation and re-examination, was dismissed. John Long, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Mana- gers, and cross-examined by the counsel for the accused. Adam Woolover, a witness on the part of the State> was called, and, after having been duly sworn, was examined by the Managers. The hour of 4 o'clock P. M. having arrived, the President ^ro.ie»i> declared the Senate, sitting as a Court of Impeach- ment, adjourned until to-morrow morning at 9. o'clock. Lansing, Wednesday, May 8, 1872^- The President j;ro tern, announced that the hour of ' 9 o'clock A. M., to which the Senate stood adjourned, being the hour fixed for the sitting of the Senate for the trial of the impeachment of Charles A. Edmonds, had amyed. The Sergeant-at-^Al-ms made proclamation in due form. Roll called : a quorum present. Mi-. Wilcox asked and obtained leave of absence for hlmsfilf,' for to-morrow. 1872.] IMPEACHMESFT TRIAL. 69 Adam Woolover wasTeealled,'and while under-examitiation, a qxiestion was asked by the Managers. ■:Mr. Shipman, of counsel for the accused, objected to the question. The President pro tern, expressed the opinion that the tes- timony was competeiht, and should be heard, unless the Setiate shauld decide otherwise. After further examination by the Managers, and cross-exam- ination by counselfor the accused, the witness was dismissed. Mr. Huston, on behalf of the Managers, bffered in evidence Settler's License No. 4671, issued to Adam Woolover ; also, affidavit of settlement, — same license; also, a letter from Wm. A. Barnard to J. J. Wilder, which were received and ordered filed with the Secretary. [See Appendix, Exhibits, S,T,ir.] L. W. Wing, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Man- agers. Mr. Grosvenor, on behalf of the Managers, offered in evi- dence a letter from Harry Clark to L. W. Wing, which was received and ordered filed with the Secretary. [See Appendix, Exhibit v.] Charles Conley, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Man- agers, and cross-examined by the counsel for the accused. Mr. Huston, on behalf of the Managers, offered in evidence Settler's License No. 4719, which was received and ordered filed with the Secretary. [See Appendix, Exhibit W.] Obed Smith, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Man- agers. Mr. Stockbridge asked the following question of the witness: "Did your reservations at anytime exceed the amount of your unmatured scrip ?" The witness made answer thereto, and after further exami- nation by the Man§,gers, was cross-'examined by the counsel for the accused^ re-eiamined by the Managers, and dismisaad. 70 JOURNAL OF THE May 8, Mr. Huston, on behalf of the Managers, offered in evidence " List of lands reserved for Obed Smith," which was received and ordered filed with the Secretary. [See Appendix, Exhibit X.] James T. Munroe, a witness on the part of the State, was recalled, and examined by the Managers, cross-examined by the counsel for the accused, and re-examined by the Managers Mr. Huston, on behalf of the Managers, offered in evidence "Patent No. 33879, made by the State of Michigan to James T. Munroe," which was received and ordered filed with the Secretary. [See Appendix, Exhibit Y.] Eichard S. Thomas, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Managers. The hour of 13 o'clock M. having arrived, the President j»ro tem. announced that the Senate, sitting as a Court of Impeach- ment, would take a recess until 3 o'clock this afternoon. AFTBE2J00S' SESSIOK. 2 o'clock p. M. The Senate, sitting as a Court of Impeachment, met and was called to order by the President pro tem. Proclamation was made in due form. Roll called : a quorum present. R. S. Thomas was recalled, and further examined by the Managers, and upon such examination, a written memoran- dum was presented by the Managers. Mr. Shipmau, of counsel for the accused, objected. The .matter was submitted to the Senate, and the memoran- dum was admitted to be read, by yeas and nays, as follows : YEAS. Mr. Alexander, Mr. Gay, Mr. Stockbridge, Ball, Jenks, ■ Stoddard, Barber, Mann, Storrs. 1872.] IMPEACHMENT TRIAL. 71 Mr. Begole, Mr. Moflfatt, Mr. Waterbury, Cawley, Putnam Wood, Dexter, Sheley, 17 NAYS. Mr. Briggs, Mr. Prutzman, Mr. Wilcox, Hannahs, Romeyn, President Price, Wheeler, protem., 8 The witness was further examined by the Managers and cross- examined by the counsel for the accused. H. D. Bartholomew, a witness on the part of the State, was called, and after having been duly sworn, was examined by the Managers. M. 0. Robinson, a witness ou the part of the State, was called and after having been duly sworn, was examined by the Managers. Mr. Waterbury, asked the witness the following question: '•'Are Jones & Porter and Mr. Hewitt in the habit of hav- ing lands marked on the plat-books where they remain during the pleasure of the parties, and erased whenever the parties request it ? The witness made answer thereto. Mr. Briggs asked witness the following question : " Has it been the practice since the 1st of January, 1871, to mark lands on the books of the Land Office as reserved in the names of C. Hewitt and Jones & Porter, and to erase their names when ever requested?" The witness made answer thereto. Mr. Sheley asked the witness the following question : "Do you know of Mr. Hewitt or any other person withdraw- ing any of the land-checks and by so doing placing the lands upon the books for sale ? The witness made answer thereto. Mr. Romeyn asked the witness the following question : " You have stated that certain parcels of land were marked from time to time with the initials of Cyrus Hewitt and of Jones & Porter. Who made these marks on the books?" The witness made answer thereto. 78 JOURNALOF THE [May^9, After further examination lyjr the Managers, and cross-exam- ination by the counsel for the accused, the witness was dismissed. Mr. Huston, on behalf of the Managers, submitted in eyi- •^dence "Application of Cyrus Hewitt, for certain lands," which was received, and ordered filed with the Secretary. [See Appen- dix, Exhibit Z.] Mr. McGowan, on behalf of the accused, submitted in evi- dence "Application of E. Hall, for certain lands," which was received and ordered filed with the Secretary. [See Appendix, Exhibit AA.J Obed Smith was recalled, and re-examined by the Managers. The hour of 4 o'clock P. M. having arrived, the President pro tern, declared the Senate, sitting as a Court of Impeaoh- -;ment, adjourned until to-morrow morning at 9 o'clock. Lansing, Thursday, May 9, 1872. The President pro fern, announced that the hour of 9 o'clock A. M., to which the Senate stood adjourned, being the hour fixed for the sitting of the Senate for the trial of the impeach- ment of Charles A. Edmonds, had arrived. The Sergeant-at-Arms made proclamation in due form. Eoll called : quorum present. Mr. Putnam asked and obtained leave of absence for Mr. jSTeasmith for an indefinite time. Richard S. Thomas was recalled and re-examined by the Managers, and ro-cross-examined by the counsel for the re- spondent. H. H. Hoyt, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Man- agers, and crosss-examined by the counsel for the respondent. A question was asked the witness by the Managers. Mr. M'cGrowan objected. 1872.] IMPEACHMENT TEIAL. 73 The matter wassttbmitted to the Senate, antl it was decided that the question "be :put to the witness, by yeas and nays, as follows : Mr. Begole, Briggs, Dexter, Gay, YEAS. Mr. Jenks, Mann, Mofiatt, Prutzman, NAYS. Mr. Komeyi}, Stoddard, Storrs, Waterbury, 13 Mr. Alexander, Ball, Barber, Cawley, Mr. Hannahs, Mr. Wheeler, Price, Wood, Putnam, President Stockbridge, pro tern., 11 And the question was put to the witness. James T. Munroe was recalled and re-examined by the Man- agers, and re-cross-examined by the counsel for the accused. William W. Coffron, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Managers and cross-examined by the counsel for the accused. Dayton G. Canfleld, a witness on the part of the State, v/^as called, and, after having been duly sworn, was examined by the Managers and cross-examined by the counsel for the accused. Mr. Ball asked the witness the following question : " Did you direct the land first purchased to be entered with money, and send the money for the same." The witness made answer thereto and was dismissed. G. P. Gillam, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Managers. Mr. Ball asked the following questions of the witness : " 1. Would Hewitt be allowed to reserve after the Bathay contract was assigned ? "3. Were any such reservations made for Hewitt after such assignment was made by Bathay to Smith ?" The witness having made answer thereto, 10 74 JOURNAL OP THE [May 9, Mr. Romeyn asked the witness the following question : "When was the Bathay contract assigned?" The witness made answer thereto. Mr. Briggs asked the witness the following question ? " At what date was the assignment of the Bathay contract to Smith filed in the office ?" The witness made answer thereto. Mr. Waterbury asked the witness the following question : " If Hewitt could not obtain patents with the matured scrip of the Bathay contract without another order from Bathay, can any one but Bathay get them by paying for them ? " The witness made answer thereto, and was further examined by the Managers, and cross-examined by the counsel for the accused. Mr. Huston, on behalf of the Managers, submitted in evi- dence " Order of Theodore Bathay to Cyrus Hewitt, to reserve any lands," which was received and ordered filed with the Secretary. [See Appendix, Exhibit BB.] Mr. McGowan, on behalf of the accused, submitted in evidence " Letter from D. Preston to 0. A. Edmonds/' and " Letter from Theodore Bathay to E. H. Porter, Deputy Commissioner pf the Land Office," which^were received and ordered filed with the Secretary. [See Appendix, Exhibits CO and DD.J William M. Marr, a witness on the part of the State, was was called, and, after having been duly sworn, was examined hy the Managers and cross-examined by the counsel for the accused. The hour of 12 o'clock M. having arrived, the President pro tern, announced that the Senate, sitting as a Court of Impeachment, would take a recess until 2 o'clock this afternoon. 1872.] IMPEACHMENT TEIAL. 75 AFTBENOON SESSION. 2 o'clock P. M. The Senate, sitting as a Court of Impeachment, met and was called to order by the President pro tern. Proclamation was made in due form. Roll called : quorum present. Lester S. Hudson, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Managers and cross-examined by the counsel for the accused. Cyrus C. Dodge, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Managers and cross-examined by the counsel for the accused. Henry C. Clarke, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Managers and cross-examined by the counsel for the accused. Cyrus Hewitt, a witness on the part of the State, was called, and, after having been duly sworn, Avas examined by the Managers. The hour of 4 o'clock P. M. having arrived, the President pro tern, declared the Senate, sitting as a Court of Impeach- ment, adjourned until to-morrow morning at 9 o'clock. Lansing, Friday, May 10, 1872. The President ^ro tern, announced that the hour of 9 o'clock A. M., to which the Senate stood adjourned, being the hour fixed for the sitting of the Senate for the trial of the impeach- ment of Charles A. Edmonds, had. arrlTed. The Sergeant-at-Arms made proclamation in due form. Roll called: quorum present. Mr. Wheeler asked and obtained leave of absence for Mr. Stoddard for an indefinite time, on account of sickness in his family. n JOUEN'AL OP THE [May 10, Ball, Barber, Begole, Briggs, Cawley, Dexter, Gay, Mr. Storrs, Water bury, Wheeler, Wood, President, pro tern., Cyrus Hewitt was recalled, and farther examined by the Managers, cross-examined by the counsel for the accused, and re-examined by the Managers. A question was asked the witness by the Managers. Mr. Shipman objected to the question. The matter was submitted to the Senate, and it was decided that the question should not be put to the witness, by yeas and nays, as follows : YEAS. Mr.'Moffatt, Mr. Prutzmau, 2 NAYS. Mr. Ball, Mr. Hannahs, Jenks, Mann, Price, Prutzman, Eomeyn, Stockbridge, 19 Mr. Grosvenor, on behalf of the Managers, offered in evi- dence " Lists of lands reserved for Cyrus Hewitt," which were received and ordered filed with the Secretary. [See Appendix, Exhibit EE.] S. V. Cornell, a witness on behalf of the State, was called, and, after having been duly sworn, was examined by the Man- agers and cross-examined by the counsel for the accused. Mr. Briggs asked the witness the following question : "What time was it that you had the conversation with the Commissioner at your house in Coldwater, in relation to the Bouck transaction ?" The witness made answer thereto. Mr. Huston, on behalf of the Managers, submitted in evidence " Letter from S. V. Cornell to J. J. Woolstou," which was received and ordered filed with the Secretary. [See Ap- pendix, Exhibit FF.] Van Dunham, a witness on behalf of the State, was called, and, after having been duly sworn, was examined by the ISU'g.]. IM'PBAOHME¥€^ TRIAL. 77 Thebour.pf <12 o^cloek M. having arrived, the-President'^rff tern, atinonnced that the Senate, sitting as a Court of Impeach- ment* would take a recess until 2- o'clock this afternoon. AFTERNOOif SESSION. 2. o'clock P.M. Ther, Senate, sitting as a Court of Impeachment^ metand was called to order by the President jsro tern. Proclamation was made in due form. Eoll called: quorum present. Yan. Dunham was. recalled, and, further examined by the Managers and, cross-examined by itbe counsel for the accused. Mr Waterbury asked the witness the following question : . " When jovL made plats.with the name of owners of patented lands and. licensed lands, with field-notes, swamps, rivers and streams marked there, what price do you get for them ?" The witness made answer thereto. Obed Smith was recalled, and further examined by the Managers, and cross-examined by the counsel for the accused. L.B. Potter, a witness on the part of the State, was called and, after having been duly sworn, was examined by the Man- agers and cross-examiued by the counsel for the accused. The hour of 4 o'clock P. M. having arrived, the President pro ieiw. declared the Senate, sitting as a Court of Impeach- ment,, adjourned until -to-morrow morning at & o'clock. Lansing, Saturday, May 11, 1872. The President pro tern, announced that the hour of 9 o'clock A. M., to which the Senate stood adjourned, being the hour fixed for the sitting of the Senate for the trial of the impeach- ment of Charles A. Edmonds, had arrived. 78 JOUENAL OF THE [May 11, The Sergeant-at-Arms made proclamation in due form. Roll called : quorum present. Mr. Eandall asked leave of absence for himself for the remainder of the session. Leaye was not granted. L. B. Potter was recalled, and further cross-examined by the counsel for the accused, and re-examined by the Managers. Mr. Shipman, in behalf of the accused, submitted in evidence "List of lands reserved by E. Hall," which was received and ordered filed with the Secretary. (See Appendix, Exhibits GG.) Mr. Waterbury asked the witness the following question : " Did you not understand at the time the reservations were made by Barnard on the Hall contract, that they were entered for the benefit of Barnard, and that Hall had no interesb in the lands, and received no pay, and had no interest in the matter whatever; but that it was Barnard's purchase of the lands to all intents and purposes ? " The witness made answer thereto : Mr. Shipman, in behalf of the accused, submitted in evidence " List of lands reserved by E. Hall," which was received and ordered filed with the Secretary. (See Appendix, Exhibit GG.) G. B. Griswold, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Man- agers and cross-examined by the counsel for the accused. Mr. Wheeler asked the witness the following question : " Who gave Mr. Porter information in regard to those two 40-acre lots, before they were reserved on the Smith contract?" The witness made answer thereto. S. C. Alderman, a witness on the part of the State, was called, and after having been duly sworn, was examined by the Managers and cross-examined by the counsel for the accused. Mr. Grosvenor asked a question of the witness. Mr. Shipman objected. The matter was submitted to the SpTiafp nnrl if -nroo /iQ«i,io;j 1872.] IMPEACHMENT TRIAL. 79 that the question be put to the witness, by yeas and nays, as follows : Mr. Ball, Begole, Cawley, Dexter, Gay, Hannahs, Mann, Mr. Mr. YEAS. Moffatt, Neasmith, Mr. Stockbridge, ' Storrs, Prutzman, Putnam, Randall, Waterbury, Wheeler, Wilcox, Eomeyn, Sheley, Wood. 20 NAYS. Price, President pro tern., 4 Mr. Alexander, Barber, And the question was pnfc to the witness. Ml-. Grrosvenor, in behalf of the Managers, submitted in evidence " Blank Timber Affidavit," which was received and ordered filed with the Secretary. [See Appendix, Exhibit HH.] Senator J, 0. Waterbury was called, and after having been sworn, and standing in his place in the Senate, was examined by the Managers, and cross-examined by the counsel for the accused. Mr. Grosvenor, in behalf of the Managers, submitted in evidence " Copy of the oath of office of 0. A. Edmonds, and copy of the oath of office of Wm, A. Barnard," which were received and ordered filed with the Secretary. (See Appendix, Exhibit II.) G. W. Freeman, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Managers. Mr. Grosvenor, in hehalf of the Managers, submitted in evi- dence " Certificate of Purchase — Swamp Land, No. 9985," which was received, and ordered filed with the Secretary. (See Appendix, Exhibit J J.) L. S. Hudson was recalled, and further examined by the Man- agers and cross-examined by the counsel for the accused. M. 0. Robinson was recalled, and further examined by the Managers. 80 J.OUJRNAL OP THE [May; llv The hour of 12 o'clock M. having arrived, the PresiSent-^ro tern, announced that the Senate, sitting as a Court of Impeach'? ment, would take a recess until 3 o'clock this afternoon. AFTERKOON SESSION. 2 o'clock p. M. The Senate, sitting as a Court of Impeachment, met and was called to order hy the President ^ro tem. Proclamation was made in due form. Roll called : quorum present. Mr. Wheeler asked and obtained leave of absence for Mr. Jenks until Wednesday morning next. Mr. Eomeyn subinitted the following order, and moved its adoption : Ordered, That in place of the usual adjournment at 4 o'clock, the Senate at that hour take a recess until 7'o'clock P. M., for the purpose of proceeding with the trial pending. The order was not adopted. M. 0. Eobinson was recalled, and further examined by the Managers and cross-examined by the counsel for the accused. Mr. Waterbury asked the witness the following question : " When a land-looker applies for school land and refuses to make affidavit that said land is valuable principally for agri- cultural purposes, is it not concluded quite certain the land is valuable for timber ?" The witness made answer thereto. Martin Hudson, a witness on the part of the State, was called, and after having been duly sworn, was examined by the Managers and cross-examined by the counsel for the accused. James M. Turner, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Managers and cross-examined by the counsel for the accused. W.' S. George, a witness on thie part of the State, was called, 1872.] IMPEACHMENT TRIAL. 81 and, after having been duly sworn, was examined by the Man- agers and cross-examined by the counsel for the accused. The hour of 4 o'clock P. M. having arrived, the President pro tern, declared the Senate, sitting as a Court of Impeach- ment, adjourned until Monday morning at 9 o'clock. Lansing, Monday, May 18, 1872. The Senate, sitting as a Court of Impeachment, was called to order by the President, Hon. Morgan Bates, at 9 o'clock A. M., that being the hour fixed for the trial of the impeach- ment of Charles A. Edmonds. The Sergeant-at-Arms made proclamation in due form. Roll called : quorum present. The President called the President j?ro tern, to the chair. Mr. Storrs presented the resignation of Henry Seymour, Sergeant-at-Arms, as follows : Lansing, Mich., May IS, 1872. lo the Honorable the Senate of the State of Michigan : I hereby resign my office of Sergeant-at-Arms of your Honorable body. H. SEYMOUR. Per W. F. Stokes. Mr. MoflFatt offered the following resolution : Resolved, That Charles T. Dickey be and he is hereby ap- pointed Sergeant-at-Arms of the Senate, sitting as a Court of Impeachment, vice Henry Seymour, resigned. Which was adopted by yeas and nays, as follows : YEAS. Mr, Ball, Begole, Cawley, Hannahs, Mr. Price, Prutzman, Putnam, Randall, Mr. Stockbridge, Storrs, Waterbury, Wilcox, 11 83 JOURNAL OF THE [May 13, Mr. Mann, Mr. Eomeyn, Mr. President Moffatt, ' Sheley, protein., Neasmith, 18 NAYS. H. C. Clarke was recalled, and further examined by the Man- agers and cross-examined by the counsel for the accused. Mr. Sheley asked the witness the following question : "Did the clerks take the thirty days allowed them just as they wished, or did the Commissioner inform them when they could take the time ?" The witness made answer thereto. Mr. Grosvenor submitted in evidence " Oath of oflBce of Hedges L. Paddack, book-keeper of the State Land Office, and certificate of Daniel Striker, Secretary of State, relative to oaths of office of clerks in State Land Office," which were received and ordered filed with the Seci-etary. [See Appendix, Exhibit KK.] A. L. Bours, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Man- agers and cross-examined by the counsel for the accused. G. P. Gillam was recalled, and further examined by the Managers and cross-examined by the counsel for the accused. Mr Waterbury asked the witness the following question : " Can a man apply for all the lands in a township and have them reserved, then go and look at the land, take what he finds good, and have the rest dropped or rubbed ofi" the book ?" The witness made answer thereto. Van Dnnham was recalled, and further examined by tlie Managers and cross-examined by the counsel for the accused. James 11. Baker was recalled and further examined by the Managers. The hour of 12 o'clock M. having arrived, the President pro lem. announced that the Senate, sitting as a Court of Impeachment, would take a recess until 3 o'clock this afternoon. 1873.] IMPEACHMENT TEIAL. 83 AFTERNOON SESSION. a o'clock P. M.. The Senate, sitting as a Court of Impeachment, met and was called to order by the President pro tern. J. H. Baker was recalled and cross-examined by the counsel for the accused. Miles L. Bosworth, a witness on tlie part of the State, was called, and, after having been duly sworn, was examined by the Managers and cross-examined by the counsel for the accused. George Fowler, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Mana- gers, and cross-examined by the counsel for the accused. Sarah Marshall, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Mana- gers and cross-examined by the counsel for the accused. Eebecca Hotaling, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Managers and cross-examined by the counsel for the accused. Thomas Marshall, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Managers and cross examined by the counsel for the accused. The hour of 4 o'clock P. M. having arrived, the President pro tern, declared the Senate, sitting as a Court of Impeach- ment, adjourned until to-morrow morning at 9 o'clock. Lansing, Tuesday, May H, 1878. The Senate, sitting as a Court of Impeachment, was called to order by the President, Hon. Morgan Bates, at 9 o'clock A. M., that being the hour fixed for the sitting for the trial of the impeachment of Charles A. Edmonds. The Sergeant-at-Arms made proclamation in due form. Roll called :' quorum present. 84 JOURNAL OF THE [May U, Mr. Wheeler anHounced that Senator Morton was present and desired to take the oath prescribed by law. Senator Morton came forward and the prescribed oath was administered to him by the President. The President called the President ^jy-o tern, to the chair. S. V. Cornell was recalled, and further examined by the Man- agers and cross-examined by the counsel for the accused. James Cummin, a witness on the part of the State, was called, and, after haying been duly sworn, was examined by the Managers and cross-examined by the co^insel for the accused. Mr. Grosyenor, on behalf of the State, submitted in eyidence " Letter from C. A. Edmonds to James Cummin," which was receiyed and ordered filed with the Secretary. [See Appendix, Exhibit "LL."] H. D. Bartholomew was recalled, and further examined by the Managers and cross-examined by the counsel for the accused. Mr. Grosyenor, on behalf of the Managers, submitted in eyi- dence "Abstract of taxes assessed and rejected," which was receiyed and ordered filed with the Secretarj'. [See Appendix, Exhibit "MM." 0. B. Quigley was recalled, and further examined by the Managers and cross-examined by the counsel for the accused. G. H. Cole, a witness on the part of the State, was called, and, after haying been duly sworn, was examined by the Man- agers and cross-examined by the counsel for the accused. Van Dunham was recalled, and further examined by the Managers. E. T. Moore, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Man- agers and cross-examined by the counsel for the accused. Mr. Grosyenor, on behalf of the Managers, submitted the following order, and asked its adoption : Ordered, That the remaining proofs on the part of the Managers, in support of the 11th article, shall be taken 1873.] IMPEACHMENT TKIAL. 85 before the Secretary of the Senate, in the presence of the Man- agers and the respondent and his counsel, if they see fit to attend on notice of time and place, and the proofs shall be reduced to writing and returned to the Senate and filed, and the same may be read in evidence on this trial with the same force and effect as if the witnesses had testified in person before the Senate. The order was not adopted, by yeas and nays, as follows : YEAS. Mr. Wilcox, 1 NAYS. Mr. Alexander, Mr. Moffatt, Mr . Sheley, Barber, Morton, Stockbridge, Begole, Neasmith, Storrs, Briggs, Price, Waterbury, Cawley, Prutzmam, Wheeler, Dexter, Putnam, Wood, Gay, Eandall, President Hannahs, Eomeyn, pro tern.. Mann, 24 On motion of Mr. Wheeler, The Senate, sitting as a Court of Impeachment, took a recess until two o'clock this afternoon. AI'TERH'OON' SESSIOK. 3 o'clock p. M. The Senate, sitting as a Court of Impeachment, raeb and was called to order by the President pro tern. Proclamation was made in due form. Koll called: quorum present. Ben. B. Baker, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Man- agers. Mr. Grosvenor, on the part of the Managers, submitted in evidence, a copy of the paper called " Every Wednesday Night," which was received and ordered filed with the Secretary. 86 JOURNAL OF THE [May 14, H. T. Carpenter, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Managers. Charles Anderson, a witness on the part of the State, was called, and after having been duly sworn, was examined by the Managers and cross-examined by the connsel for the accused. M. E. Taylor, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Managers. Elizabeth Hudson, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Managers and cross-examined by the counsel for the accused. Edward A. Wilder, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Managers. Mr. Cochrane, on behalf of the Managers, submitted the following order : Ordered, That Jane Bolton may be sworn in this case on the part of the State, at any time before the evidence is closed, and her testimony received as if given in regiilar order, subject to the right of cross-examination on the part of the resj^ond- ent, and to produce testimony in answer thereto. On motion of Mr. Romeyn, It was adopted as the order of the Senate, sitting as a Court. Mr. Morton moved that the testimony of Elizabeth Hudson be filed with the Secretary, and not published with the report of the proceedings ; Which motion did not prevail, by yeas and nays, as follows: YEAS. Mr. Morton, Mr. Price, Mr. Sheley, 3 NAYS. Mr. Alexander, Mr. Hannahs, Mr. Stockbridge, Ball, Mann, Storrs, Barber, Moffatt, Waterbury. Begole, Neasmith, Wheeler, Briggs, Prutzman, Wilcox, 1872.] IMPEACHMENT TEIAL. 87 Mr. Cawley, Mr. Putnam, Mr. Wood, Dexter, Randall, President <^ay, Romeyn, pro tern., 23 Mr. Huston, on behalf of the Managers, here stated that the Managers had now closed the evidence with the exception heretofore noted. On motion of Mr. Eomeyn, The Senate, sitting as a Court of Impeachment, adjourned until to-morrow morning at 9 o'clock. Lansing, Wednesday, May 15, 1872. The Senate, sitting as a Court of Impeachment, was called to order by the President, pro tem., at 9 o'clock A. M., that being the hour fixed for the trial of the impeachment of Charles ' A. Edmonds. The Sergeant-at-Arms made proclamation in due form. Roll called ; quorum present. Mr. McGowan, of counsel for the accused, proceeded to address the Senate ; setting forth the grounds of the defense of Charles A. Edmonds, Commissioner of the State Land Office, to the articles of impeachment exhibited against him by the House of Representatives. Pending which, at the request of the counsel for the accused, Henry P. Baldwin, a witness on the part of the accused, was called, and, after having been duly sworn, was examined by the counsel for the accused. Upon such examination, Mr. McGowan asked the following question : " Prom your personal and official observation, will you state what has been Mr. Edmonds' conduct and management of the office?" Mr. Cochrane objected to the question. JOUEJSTAL OF THE [May 15, The matter was submitted to the Senate, and it was decided that the question should not be put to the witness, by yeas and nays, as follows : YEAS. Mr. Alexander, Ball, Barber, Begole, Briggs, Oawley, Hannahs, Morton, Price, NAYS. Mr. Prutzman, Eandall, Wood, President pro tern., 13 Mr. Dexter, Gay, Mann, Moffatt, Neasmith, Mr. Putnam, Eomeyn, Sheley, Stockbridge, Stoddard, Mr. Storrs, Waterbury, Wheeler, Wilcox, 14 After further examination by the counsel for the accused and cross-examination by the Managers, the witness was dis- missed. After which, Mr. McGowan resumed his argument, and concluded the same at ten minutes past 13 M., whereupon The President pro tern, announced that the Senate, sitting as a Oourt of Impeachment, would take a recess until 2 o'clock this afternoon. AFTEENOOIS" SESSION. 3 o'clock p. M. The Senate, sitting as a Oourt of Impeachment, met and was called to order by the President pro tern. Proclamation was made in due form. Eoll called : quorum present. Daniel Striker, a witness on the part of the accused, was called, and, after having been duly sworn, was examined by the counsel for the accused and cross-examined by the Managers. Joseph Lawrence, a witness on the part of the accused, was 1872.] IMPEACHMENT TEIAL. 89 called, and, after having been duly sworn, was examined by counsel for the accused and cross-examined by the Managers. M. E. Hitchings, a witness on the parb of the accused, was called, and, after having been duly sworn, was examined by the counsel for the accused and cross-examined by the Managers. Lucas Joseph, a witness on the part of the accused, was called, and, after having been duly sworn, was examined by the counsel for the accused and cross-examined by the Managers. V. P. Collier, a witness on the part of the accused, was called, and, after having been duly sworn, was examined by the counsel for the accused and cross examined by the Managers. J. B. Conkling, a witness on the part of the accused, was called, and, after having been duly sworn, was examined by the counsel for the accused and cross-examined by the Managers. Gottlieb Straub, a witness on the part of the accused, was called, and, after having been duly sworn, was examined by the counsel for the accused and cross-examined by the Managers. Henry N. Lawrence, a witness on the part of the accused, was called, and, after having been duly sworn, was examined by the counsel for the accused. Qeorge B. Griswold was recalled, and examined by the coun- S3l for the accused. The hour of 4 o'clock P. M. having arrived, the President pro tem. declared the Senate, sitting as a Court of Impeach- ment, adjourned until to-morrow morning at 9 o'clock. Lansing, Thursday, May 16, 1872. The Senate, sitting as a Court of Impeachment, was called to order by the President pro tem., at 9 o'clock A. M., that being the hour fixed for the sitting for the trial of the impeach- ment of Charles A. Edmonds. The Sergeant-at-Arms made proclamation in due form. Roll called : quorum present. 12 90 JOUKNAL OP THE [May 16, Mr. Patnam asked and obtained leave of absence for Mr. Prutzman, for the day. George B. Griswold was recalled, and examined by the coun- sel for the accused and cross-examined by the Managers. Mr. McGowan submitted for examination by the Senate ' " Original field-notes and two volumes duplicate field-notes." 0. L. Knight, a witness on the part of the accused, was, called, and after having been duly sworn, was examined by the counsel for the accused, and cross-examined by the Managers. Mr. McGowan submitted for examination by the Senate. "Vol. No. 5 of Patents of Swamp Lands; also. Vol. ]S"o. 1, Abstracts of Swamp Lands." S. S. Cutter, a witness on the part of the accused, was called, and, after having been duly sworn, was examined by the couu- sqJ for the accused. John H. Bennett, a witness on the part of the accused, was called, and, after having been duly sworn, was examined by the counsel for the accused and cross-examined by the Managers. David B. Purinton, a witness on the part of the accused, was called, and after having been duly sworn, was examined by the counsel for the accused and cross-examined by the Managers. A. L. Bours was recalled, and examined by the counsel for the accused and cross-examined by the Managers. Blias Shafer, a witness on the part of the accused, was called, and, after having been duly sworn, was examined by the coun- sel for the accused, and cross-examined by the Managers. Asa Shattuck, a witness on the part of the accused was called, and, after having been duly sworn, was examined by the counsel for the accused and cross-examined by the Managers. Hedges L. Paddack, a witness on the part of the accused, was called, and, after having been duly sworn, was examined by the counsel for the accused and cross-examined by the Managers. Mr. Neasmith asked the witness the following question : " Why are parties desiring to pay interest on school lands 1872.] IMPEACHMENT TEIAL. 91 required to make application in writing, and what is done with the application ?" The witness made answer thereto. The hour of 13 o'clock M. having arrived, the President j^z-o tem. announced that the Senate, sitting as a Court of Impeach- ment, would take a recess until 3 o'clock this afternoon. AFTEENOON' SESSIOIT. 3 o'clock p. M. The Senate, sitting as a Court of Impeachment, met and was called to order by the President pro tem. Proclamation was made in due form. EoU called : quorum present. Hedges L. Paddack.was recalled, and further cross-examined by the Managers, and re-examined by the counsel for the accused. H. C. Clarke was recalled, and examined by the counsel for tlie accused and cross-examined by the Managers. Geo. P. Gillam was recalled and examined by the counsel for the accused and cross-examined by the Managers. Mr. Waterbury asked the witness the following questions : 1. " Is it a rule or the practice of the Land Office, when it appears by the books of the office that there is more land reserved than the contractor has credit for, to strike out a part of his reservations without the knowledge of the contractor, or do you give the contractor notice of the fact, and allow him to elect which he will retain?" 3. " Did you do so in the case of Obed Smith's reservation, — that is, strike out his last reservations ?" 3. " Why did you accept his order for scrip when he had reserved to the full amount of his credit ?" The witness made answer thereto. Mr. McGowan, on behalf of the accused, submitted in evi- dence, " Kules and Eegulations of the State Land Office," 92 JOUENAL OF THE May 17, which were received and ordered filed with the Secretary. [See Appendix, Exhibit NK] Mr. McGowan, on behalf of the accused, submitted in evidence "Seven Statements of Account with Obed Smith,' which was received and ordered filed with the Secretary. [See Appendix, Exhibit 00.] Mr. McGowan, on behalf of the accused, submitted in evi- dence, "List of Lands Eeserved by E. Hall," which was received and filed with the Secretary. [See Appendix, Exhibit PP.] Mr. McGowan, on behalf of the accused, submitted in evi- dence, " List of Lands Eeserved by H. C. Eipley, and four tele- grams in relation thereto," which were received and ordered filed with the Secretary. [See Appendix, Exhibit QQ.] The hour of 4 o'clock P. M. having arrived, the President pro tern, declared the Senate, sitting as a Court of Impeach- ment, adjourned until to-morrow morning at 9 o'clock. Lansing, Friday, May 17, 1812. The Senate, sitting as a Court o/ Impeachment, was called to order by the President 'pro tern., at 9 o'clock A. M., that being the hour fixed for the trial of the impeachment of Charles A. Edmonds. • The Sergeant-at-Arms made proclamation in due form. Eoll called : quorum present, George F. Gillam was recalled, and further cross-examined by the Managers, and re-examined by the counsel for the accused. Mr. McGowan, on the part of the accused, submitted in evidence "Statement of moneys received for State Land Office, etc.," which was received and ordered filed with the Secretary. [See Appendix, Exhibit EE.] Charles L. Ortman, a witness on the part of the accused. 1872.] IMPEACHMENT TEIAL. 93 was called, and, after having been duly sworn, was examined by the counsel for the accused and cross-examined by the Managers. Senator "Waterbury was recalled and the following question asked him by Mr. Eandall : " In your testimony on page 334, in regard to lots 5 and 6, Sec. 16, Town 24 north, 3 west, you stated that these lands were valuable chiefly for timber. Will you please state what, in your opinion, was the value of these lands for timber when seen by you ?" The witness made answer thereto, and was further examined by the Managers and cross-examined by the counsel for the accused. M. 0. Eobinson was recalled, and examined by the counsel for the accused and cross-examined by the Managers. Mr. Alexander asked the witness the following question : " Is there a copy of the letter in the copy-book, in its regular order?" The witness made answer thereto. Mr. McGowan, on the part of the accused, submitted in evi- dence " Two letters from E. G. Goddard to Wm. A. Barnard j" also, "Application for Settler's License, No. 4285 ; License, No. 4285 ; Proof of Settlement and Occupation, No. 4385 ;" and other documents in relation thereto ; also, " Opinion of the Attorney General ; " which were received and ordered filed with the Secretary. [See Appendix, Exhibit SS.] Mr. McGowan, on the part of the accused, submitted in evi- dence, " Letter from "Wm. A. Barnard, to Charles Conley." Mr. Grosvenor ohjected. The ■President overruled the objection, and the letter was received and ordered filed with the Secretary. [See Appendix, Exhibit TT.] Mr. McGowan, on the part of the accused, submitted in evidence "Proofs of abandonment and non-abandonment of the Diamond lands." Mr. Cochrane objected. 9i JOUKKAL OP THE [May 17, The matter was submitted to the Senate, and it was decided that the evidence Avas admissible, by yeas YEAS. and nays, as follows : Mr. Alexander, Barber, Begole, Briggs, Gay, Mr. Jenks, Mann, Price, Prutzman, NAYS. Mr. Kandall, Sheley, Storrs, Wheeler, 13 Mr. Ball, Cawley, Dexter, Moffatt, Ifeasmith, Mr. Putnam, Eomeyn, Stockbridge, Stoddard, Mr. Waterburv, "Wood, President, pro tern., 13 And the said proofs were received and ordered filed with the Secretary. [See Appendix, Exhibit UU.] Mr. McGowan, on the part of the accused, submitted in evidence " Two letters from Theodore S. Day to E. H. Porter," which were received and ordered filed with the Secretary. [See Appendix, Exhibit W.] Mr. McGowan, on the part of the accused, submitted in evi- dence " Letter from David Preston & Co. to E. H. Porter," which was received and ordered filed with the Secretary. [See Appendix, Exhibit WW.] William Humphrey, a witness on the part of the accused, was called, and, after having been duly sworn, was examined by the counsel for the accused. The President pro tern, announced that the Senate, sit- ting as a Court of Impeachment, would take a recess until 2 o'clock this afternoon. AFTERNOON SESSION. 3 o'clock p. M. The Senate, sitting as a Court of Impeachment, met and was called to order by the President pro tern. Proclamation was made in due form. Roll called : quorum present. 1873.] IMPEACHMENT TKIAL. 95 William Humphrey Avas recalled, and further examined by the counsel for the accused, and cross-examined by the Man- agers. Mr. Komeyn asked the witness the following question : '•' Do you know of a contract known as the 'Bathay contract,' and if so, what was its date ?" The witness made answer thereto. Mr. McGowan, on the part of the accused, submitted in evi- dence " Blank Swamp Land State Koad Contract, Acceptance, Swamp Land Warrant, etc.," which were received and ordered filed with the Secretary. [See Appendix, Exhibit XX.] Mr. McGowan, on the part of the accused, submitted in evi- dence " Statements of salaries paid clerks in the State Land OfiBce, for the years 1870 and 1871," which Avere received and ordered filed with the Secretary. [See Appendix, Exhibit YY.] E. Hall, a witness on the part on the accused, was called, and, after having been duly sworn, was examined by the counsel for the accused and cross-examined by the Managers. Mr. Sheley asked the witness the following question : " Did you ever get lands reserved to you in the Land Office that were reserved in the name of other parties on the books in the office, as a favor to you ?" The witness made answer thereto. Mr. Stockbridge asked the witness the following question : '• You say lands were held upon your contract for Mr. Bush, before you knew that such was the fact. Now, by what au- thority was that done ?" The witness made answer thereto. Mr. Waterbury asked the witness the following question: " You say that you supposed that the lands that were reserved on your contract by Barnard or Bush, were yours to all intents. What was you to pay Barnard or Bush, as you supposed?" The witness made answer thereto. Mr. Stockbridge asked the witness the following question : " Do you know anything about the Bathay contract ; the date of it, and if the road was well built ? " 96 JOUEXAL OF THE [May 17, The witness made answer thereto. Mr. Briggs asked the witness the following question : "Did you have any interest in the Obed Smith orBathay contract ? " The witness made answer thereto. Mr. Shipman, on behalf of the accused admitted that Charles A. Edmonds is legally married, and that his wife is now living. Mr. McGowau submitted as evidence in the case, the " Leg- islative Journal for the extra session of 1873," which was sub- mitted. Mr. McGowan stated that the evidence on the part of the accused ivas now closed. Mr. Huston, on behalf of the Managers, in pursuance of leave heretofore granted, submitted in evidence, " Two patents from the State of Michigan to James T. Munroe," which were received and ordered filed with the Secretary. [See Appendix, Exhibit Y.] Mr. Grosvenor, on behalf of the Managers, asked leave to introduce, at some future time, testimony of four witnesses as to the credibility of the witness James H. Baker. Jjeave Avas granted, by yeas and nays, as follows : YEAS. Mr. Ball, Mr. Jenks, Mr. Stoddard, Barber, Moffatt, Storrs, Begole, Neasmith, Waterbury, Cawley, Putnam, Wheeler, Dexter, Sheley, "Wood, Gay, Stockbridge, NAYS. Mr. Alexander, Mr. Price, Mr. Romeyn, Briggs, Prutzman, President Mann, Randall, pro 17 8 Mr. Eomeyn moved that the usual per diem be allowed the clerks in the State Offices when summoned as witnesses on the part of the State ; 1872.] IMPEACHMENT TRIAL. 97 Which motion did not prevail, by yeas i and nays, as follows : YEAS. Mr. Bal), Mr. Briggs, NAYS. Mr. Eomeyn, 3 Mr. Alexander, Mr. Moffatt, Mr. Stoddard, Barhei", Neasmith, Storrs, Begole, Price, Waterbury, Cawley, Prutzman, Wheeler, Dexter, Putnam, Wood, Gay, Eandall, President Jenks, Sheley, pro tern., Mann, Stockbridge, 32 Mr. Waterbury moved that when the Senate adjourns to-day. it stand adjourned until Tuesday morniug next, at 9 o'clock. Mr. Eomeyn moved to amend so that it shall stand ad- journed until Tuesday next at 2 o'clock P. M. ; Which motion did not prevail. On motion of Mr. Wheeler, Ordered, That the Senate Chamber be closed while the Senate consider the motion. The question recurring on the original motion, Mr. Wheeler called for yeas and nays. The motion did not prevail, by yeas and nays, as follows : YEAS. Mr. Begole, Mr. Mann, Mr. Stoddard, , Gay, Eomeyn, NAYS. 5 Mr. Alexander, Mr. Moffatt, Mr. Stockbridge, Ball, Neasmith, Storrs, Barber, Price, Wheeler, Briggs, Prutzman, Wood, Cawley, Putnam, President Dexter, Eandall, pro tem., Jenks, Sheley, 19 Pending the announcement of the vote, Mr. Moffatt moved that Mr. Waterbury • be excused from voting ; Which motion prevailed. On motion of Mr. Wheeler, 13 98 JOURNAL OP THE [May 18, The doors of the Senate were opened, and the President pro tern, announced that the pending motion had not been agreed to. The President declared the Senate, sitting as a Court of Impeachment, adjourned until to-morrow morning at 9 o'clock. Lansing, Saturday, May 18, 1872. The Senate, sitting as a Court of Impeachment, was called to order by the President ^ro tern., at 9 o'clock A. M., that be- ing the hour fixed for the sitting for the trial of the impeach- ment of Charles A. Edmonds. The Sergeant-at-Arms made proclamation in due form. Eoll called : quorum present. Mr. Romeyn asked and obtained leave of absence for Mr. Begole for the day. Mr. Briggs asked and obtained leave of absence for Mr. Morton for an indefinite time, on account of sickness. Mr. Alexander offered the following resolution : Resolved, That when the Senate adjourn to-day, it adjourn until Tuesday morning next, at 9 o'clock. Mr. Moffatt called for the yeas and nays. The resolution was adopted, by yeas and nays, as follows : YEAS. Mr. Alexander, Briggs, Cawley, Gay, Jenks, Neasmith, Mr. Ball, Barber, Dexter, Mr. Price, Randal], Eomeyn, Stockbridge, Waterbury, NAYS. Mr. Moffatt, Prutzman, Mr. "Wheeler, Wilcox, Wood, President pro tern., 15 Mr. Putnam, Storrs, 1872.] IMPEACHMENT TKIAL. 99 Mr, Waterbury, offered the following resolution : "Resolved, That the Sergeant-Tat- Arms be directed to dis- charge from their duty all of his assistants but one. " Mr. Wheeler moved to amend the resolution by adding thereto the words " and that all messenger boys but one be discharged by the President." Mr. Wheeler called for the yeas and nays. The motion to amend did not prevail, by yeas and nays, as follows : YEAS. Mr. Barber, Mr. Kandall, Mr. Waterbury, Dexter, Stockbridge, Wheeler, Neasmith, Storrs, Wood, Price, NAYS. 10 Mr. Alexander, Mr. Jenks, Mr. Wilcox, Ball, Moffatt, President Briggs, Prutzman, pro tern, Oavrley, Putnam, Gay, Eomeyn, 12 The resolution •was adopted, by yeas YEAS. and nays, as follows : Mr. Alexander, Mr. Moffatt, Mr. Storrs, Ball, Neasmith, Waterbury, Barber, Price, Wheeler, Briggs, Prutzman, Wilcox, Cawley, Putnam, Wood, Dexter, Kandall, President Gay, Eomeyn, pro tern., Jenks, Stockbridge, TSTAYS. 20 Mr. Moffatt submitted the following order, and moved, its adoption : Ordered, That the argument in this case be opened, on behalf of the prosecution, by at least two of the Managers; that they be followed by the counsel for the respondent, and the final argument made by one of the Managers ; 100 JOURNAL OP THE [May 18, Mr. Eandall, President pro tem., Mr. "Waterbury, Wheeler, Wood, Which motion did not prevail, by yeas and nays, as follows YEAS. Mr. Ball, Mr. MoflFatt, Barber, Price, Briggs, Prutzman, NAYS. Mr. Cawley, Mr. Neasmitb, Dexter, Putnam, Gay, Stoekbridge, Jenks, Storrs, 11 A. N. Hart, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Man- agers and cross-examined by the counsel for the accused. James I. Mead, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Managers and cross-examined by the counsel for the accused. S. W. Wright, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Man- agers and cross-examined by the counsel for the accused. J. S. Tooker, a witness on the part of the State, was called, and, after having been duly sworn, was examined by the Man- agers and cross-examined by the counsel for the accused. The Managers announced that the evidence on the part of the State was closed, except as to the witness, Jane Bolton. Mr. Shipman submitted the following order : Ordered, That this cause be argued as follows : First. By one Manager. Second. By one of the respondent's counsel. Third. By another of the Managers. Fourth. By another of respondent's counsel. Fifth. That the final argument be made, and the case closed, by one Manager. On motion of Mr. Wheeler, it was adopted as the order of the Senate, sitting as a court, by yeas and nays, as follows : YEAS. Mr. Barber, Mr. Price, Mr. Waterbury, Cawley, Prutzman, Wheeler Dexter, Putnam, Wilcox, Gay, Randall, Wood, Moffatt, Stoekbridge, President JSTeasmith, Storrs, pro tem., 17 1873.] IMPEACHMENT TRIAL. 101 NAYS. Mr. Briggs, 1 On motion of Mr. Sfcockbridge, the Senate, sitting as a Court of Impeachment, adjourned until Tuesday morning, at 9 o'clock. Lansing, Tuesday, May 21, 1872. The Senate, sitting as a Court of Impeachment, was called to order hy the President pro tern., at 9 o'clock A. M., that being the hour fixed for the sitting for the trial of the impeach- ment of Charles A. Edmonds. The Sergeant-at-Arms made proclamation in due form. EoU called : quorum present. Mr. Manager Cochrane commenced his argument in support of the articles of impeachment, and concluded the same. Mr. McGowan, of counsel for the accused, commenced his argument for the defense, aijd, before its conclusion, The hour of 12 o'clock M. haying aiTived, the President ^ro tem. announced that the Senate, sitting as a Court of Impeach- ment, would take a recess until 3 o'clock this afternoon. AFTEKNOON SESSION". % o'clock p. M. The Senate, sitting as a Court of Impeachment, met and was called to order by the President j?r-o tem. Proclamation was made in due form. EoU called : quorum present. Mr. Grosyenor, on behalf of the Managers, called Jane Bol- ton, and asked that her testimony be received at this time, in accordance with an order of the Senate. 102 JOURNAL OF THE [May 22, Mr. Shipman objected to the witness being sworn. Qn motion of Mr. Wheeler, Ordered, That the Senate Chamber be closed while the Sen- ate consider the matter. It was ordered that the testimony of the witness be not received, by yeas and nays, as follows. YEAS. Mr. Storrs, Waterbury, Mr. Begole, Mr. Sheley, Jenks, Stoddard, Mann, NAYS. Mr.' Alexander, Mr. Neasmith, Mr. Wheeler, Briggs, Price, Wilcox, Cawley, Prutzman, Wood, Dexter, Putnam, President Gay, Eandall, pro tern., Moffatt, Eomeyn, 16 On motion of Mr. Eomeyn, The doors of the Senate were opened. The President pro tern, announced that the objection of the counsel for the accused was sustained, and the testimony of the witness would not be received.* Mr. McGowan resumed his argument for the defense, and concluded the same at ten minutes past four o'clock P. M. The President declared the Senate, sitting as a Court of Impeachment, adjourned until to-morrow morning at 9 o'clock. Lansing, Wednesday, May 22, 1872. The Senate, sitting as a Court of Impeachment, was called to order by the President pro iem., at 9 o'clock A. M., that being the hour fixed for the sitting for the trial of the impeach- ment of Charles A. Edmonds. The Sergeant-at-Arms made proclamation in due form. Roll called ; quorum present. 1873.] IMPEACHMENT TRIAL. 103 Mr. Manager Huston commenced his argument in support of the articles of impeachment, and, before concluding the same. The hour of 13 o'clock M. having arrived, the President pro tern, announced that the Senate, sitting as a Court of Impeachment, -would take a recess until 3 o'clock this afternoon. AFTERNOON SBSSION. 3 o'clock P. M. The Senate, sitting as a Court of Impeachment, met and was called to order by the President pro tern. Proclamation was made in due form. Roll called : quorum present. Mr. Huston resumed his argument in support of the articles of impeachment, and concluded the same. Mr. Shipman commenced his argument for the defense, and, before concluding the same, Mr, "Wheeler offered the following resolution : Resolved, That the proceedings of this Court of Impeach- ment, with all the preliminary proceedings in the House of Representatives, be corrected from the daily record, under the direction of the Secretary of the Senate, and that an index to the testimony and arguments be added; and that eight hundred copies of the same be printed and bound in book form, — five hundred copies to be disposed of as the oflBcial journals of the House and Senate are now disposed of, and three hundred copies to be deposited with the State Librarian, for exchanges with other States, or for sale at cost. The resolution was adopted, by yeas and nays, as follows : YEAS. Mr. Alexander, Mr. Begole, Briggs, Cawley, Moffatt, Mr. Stoddard, Price, Storrs, Prutzmau, Wheeler. Putnam, Wood, 104 JOUENAL OF THE [May 23, Mr. Dexter, Gay, Jenks, Mr. Eandall, Eomeyn, Stockbridge, NAYS. Mr. President pro tem., 19 Mr. Ball, Barber, Mr. Mann, Neasmitb, Mr. Sheley, Wilcox, Hannabs, Mr. Alexander moved that tbe Senate adjourn ; Mr. Moflfatt called for tbe yeas and nays ; The motion preyailed, by yeas and nays, as follows : YEAS. Mr. Alexander, Mr. Mann, Ball, Neasmitb, Briggs, Putnam, Dexter, Stockbridge, Gay, Stoddard, Jenks, Mr. Storrs, Wheeler, Wilcox, President pro tem., 15 NAYS. Mr. Barber, Mr. Moffatt, Begole, Price, Cawley, Prutzmam, Hannabs, Eandall, Mr. Eomeyn, Sbeley, Wood, 1] And the President ^ro tem. declared tbe Senate, sitting as a Court of Impeachment, adjourned until to-morrow morning, at 9 o'clock. Lansing, Tliursday, May 23, 1872. Tbe Senate, sitting as a Court of Impeachment, was called to order by the President pro tem., at 9 o'clock A. M., that being tbe hour fixed for tbe sitting for tbe trial of the impeach- ment of Charles A. Edmonds. The Sergeant-at-Arms made proclamation in due form. Eoll called : quorum present. The President pro tem. announced tbe following: 1873.] IMPEACHMENT TRIAL. ' 105 State Libeaey, ) Lansing, April 11, 1872. ] HoK. P. H. Emerson,— ;S'i> ; Since the adjournment of the Legislature, I have endeavored to procure such books as the Senate would need -when they should meet as a Court of Im- peachment. I sent an order to Little, Brown & Co., for some books. They have come and are in use. The bill for the same is $35.60. I think that it would be most proper and right that the bill should be allowed and paid by the Senate now sitting as a Court of Impeachment, as I sent for the books for their especial use, and they may never be needed again. It would be much better than for me to pay for them out of the small sum I have which was intended for the purchase of books for the use of the next Legislature. Please take the matter into consideration. Very respectfully, Mes. haeeiet a. TENNEY, state Librarian. Mr. "Wheeler moved that the Secretary be directed to draw an order on the State Treasurer, in favor of the State Libi'a- rian, for the sum of twenty-five dollars and sixty cents ; Which motion prevailed. Mr. Shipman resumed his argument for the defeiise, and, before concluding the same. The hour of 13 o'clock M. having arrived, the President ^ro tem. announced that the Senate, sitting as a Court of Impeach- ment, would take a recess until 3 o'clock this afternoon. AFTERNOOK SESSION. 3 o'clock p. M. The Senate, sitting as a Court of Impeachment, met and was called to order by the President pro tern. Proclamation was made in due form. 14 lOG ' JOUKNAL OF THE May 23, EoU called: quorum present. Mr. Shipman resumed his argument for the defense, and closed the same. Mr. Manager Grosvenor commenced his argument in sup- port of the Articles of Impeachment, and, before concluding the same ; On motion of Mr. Sheley, The Senate, sitting as a Court of Impeachment, took a recess until 7 o'clock this evening. EVENING SESSION. 7 o'clock P. M. The Senate, sitting as a Court of Impeachment, met and was called to order by the President ^ro tern. Proclamation was made in due form. EoU called : quorum present. Mr. Huston announced that owing to the illness of Manager Grosvenor, he was unable to conclude his argument. Mr. Cochrane submitted the following order, and asked its adoption : Ordered, That Manager Grosvenor have leave, if he see fit, to file a written argument, in this cause, and that the same be printed with the proceedings herein. On motion of Mr. Jenks, It was adopted as the order of the Senate sitting as a Court. Mr. Moffatt offered the following resolution, which was adopted : Resolved, That Earnhardt Eice be allowed two dollars per diem as night-watch, in addition to his per diem as fireman during the session of the Senate, sitting as a Court of Im- peachment. Mr. Eomeyn submitted the following, which was adopted as the order of the Senate sitting as a Court : Ordered, That leave be granted to such members of the Senate as may choose to avail thpmsplvps nf i+, +n fiio +>,o;,. 1872.] IMPEACHMENT TEIAL. 107 written opinions upon matters either of law or fact, connected with the pending trial, such opinions to be printed with the Impeachment Proceedings. Mr. Briggs submitted the following, which was adopted as the order of the Senate sitting as a Court : Ordered, That when the Journal and Proceedings of the Senate, sitting as a Court of Impeacliment, are printed, bound, and ready for delivery, that the Secretary of the Senate forward, by express, to each member and oflBcer, the number they are each entitled to. ■ Mr. Eomeyn submitted the following, which was adopted as the order of the Senate sitting as a Court: In the Senate of the State of Michigak: In the matter of the Impeachment and trial of Charles A. Edmonds, Commissioner of the State Land Office. The evidence on the part of the People, and on that of the respondent, having been taken and duly considered by and before the Senate, sitting as a Court of Impeachment, and argument by the Managers representing the House of Eepre- sentatives and the People of the State, and by counsel for the respondent, having been heard, and such evidence and argu- ment having now concluded ; it is Ordered, That the question upon the Articles of Impeach- ment shall be taken as follows : The Presiding Officer shall direct the Secretary to read the several Articles, and after the reading of each Article in its numerical order, shall put the question of guilty or not guilty, to each Senator, rising in his place, as follows : Mr. Senator , how say you ? Is the respondent, Charles A. Edmonds, Commissioner of the State Land Office of the State of Michigan, guilty or not guilty, as charged in this Article ? And each Senator shall rise in his place, and answer, Guilty, or Not guilty, only. Mr. Wood offered the following resolution : 108 JOURNAL OF THE [May 23, Resolved, That the Secretary of the Senate be directed to compile the trial of Hon. Charles A. Edmonds, Commissioner of the State Land OflBce, upon the impeachment before the Senate of Michigan, to add an appendix to the same with the exhibits filed in the case ; to prepare an index to the testimony and arguments, and to furnish copy of the same, with all con- venient dispatch, to the State Printer, and that for performing this duty he be paid the sum of dollars. The blank was filled with the words "one hundred and fifty," and the resolution was adopted, by yeas and nays, as follows : YEAS. r. Alexander, Mr, . Mann, Mr. Stockbridge, Ball, MoflFatt, Stoddard, Barber, Price, Waterbury, Begole, Prutzman, "Wheeler, " Briggs, Putnam, Wilcox, Dexter, Randall, Wood, r. Gay, Mr. , Romeyn, President Hannahs, Sheley, pro tern., Jenks, 24 NAYS. Mr. Randall offered the following resolution : Resolved, That the thanks of the Senate, sitting as a Court of Impeachment, be tendered to Hon. P. H. Emerson, Presi- dent pr-o tern., for the ability, fairness, and uniform courtesy, with which he has discharged his important and responsible duties. The motion to adopt was put by the Secretary, and the reso- lution adopted unanimously. Mr. Romeyn submitted the following, and moved ihe adoption as the order of the Senate sitting as a Court. Ordered, That the Secretary of the Senate be directed to forward to the members and officers, the remaining Journals and Impeachment Proceedings of the Senate, sitting as a Court of Impeachment; 1872.] IMPEACHMENT TRIAL. 109 Which motion prevailed, by yeas and nays, as follows: YEAS. Mr. Alexander, Mr. Mann, Mr. Stockbridge, Ball, Moflfatt, Stoddard, Barber, Neasmith, Waterbury, Begole, Price, Wheeler, Briggs, Prutzman, Wilcox, Dexter, Patnam, Wood, Gay, Eandall, President Hannahs, Romeyn, • pro te m., Jenks, Sheley, 25 NAYS. On motion of Mr. Wheeler, Ordered, That the doors of the Senate be closed. After deliberation. On motion of Mr. Jenks, The doors of the Senate were opened. Mr. Wheeler offered the following resolution, which was adopted : Resolved, That an order on the State Treasurer be drawn for the sum of forty-seven dollars and eighty-five cents, for incidental expenses, advanced by the Secretary of the Senate ; also, for additional assistance engaged by him at the opening proceedings of this Court ; also, in favor of the postmaster at Lansing, for such sum as may be necessary to pay postage on Journals and Impeachment Proceedings, ordered mailed to members of the Senate. On motion of Mr. Jenks, The Senate sitting as a Court of Impeachment, adjourned until to-morrow morning at 8 o'clock. 110 JOUEXAL OF THE [May 24, Lansing, Friday, May 2^, 1872. The Senate, sitting as a Court of Impeachment, was called to order by the President pro tern., at 8 o'clock A. M., that being the hour fixed for the sitting for the trial of the im- peachment of Charles A. Edmonds. The Sergeant-at-Arms made the usual proclamation. Boll called : quorum present. Mr. Barber offered the following resolution, which was adopted : Resolved, That the President and Secretary be allowed until Saturday, the second day of June, to complete the business of the Senate, and that they have per diem allowance to that date. Mr. Barber offered the following resolution, which was adopted : Resolved, That the thanks of the Senate be extended to the Secretary, to the Sergeant-at-Arms and his assistants, and to the reporters, for their uniform courtesy and ability, exercised in the discharge of their duties during the progress of this impeachment trial. Mr. Wheeler offered the following resolution, which was adopted : Resolved, That the per diem of Charles T. Dickey, Sergeant- at-Arms, be fixed at the sum of five dollars per day instead of four dollars per day. Mr. Briggs offered the following resolution: Resolved, That the per diem of the Assistant Sergeant-at- Arms be increased to five dollars per day. Mr. Waterbury called for the yeas and nays. The resolution was adopted, by yeas and nays, as follows : YEAS. Mr. Alexander, Mr ■Gay, Mr. Wilcox, Barber, Hannahs, Wood, Begole, Putnam, President, Briggs, Romeyn, pro tern., Cawley, Stockbridge, 15 Dexter, Wheeler, 1872.] IMPEACHMENT TRIAL. ill NAYS. Mr. Jenks, Mr. Price, Mr. Stoddard, Mann, Prutzman, Storrs, Moflfatt, Eandall, Waterbury, Neasmith, Sheley, ' 11 Mr. Eomeyn presented a written opinion in regard to the preliminary questions argued before this Senate, sitting as a Court, which was received and ordered filed. On motion of Mr. Wheeler, it was Ordered, That the Senate do now proceed to rote on the separate Articles of Impeachment. The Secretary, by direction of the President pro tern., read the First Article of Impeachment, as follows : ARTICLE I. That said Charles A. Edmonds, Commissioner of the Land OflBce of the State of Michigan, on the fourth day of January, 1871, and on direrse other days and times, between that day and the time when said House of Eepresentatives passed the resolution of impeachment against him, to wit : the 38th day of March, 1873, unmindful of the high duties of his oflSce, of his oath of office, and of the requirements of the Constitution and the laws of this State, did corruptly, unlawfully, and in violation of the Constitution and laws of this State, withhold from sale divers large tracts of land for the particular benefit and advantage of certain land-dealers, and for a private pecu- niary consideration to himself, his Deputy, and clerks, to the damage and inconvenience of the actual settlers, other dealers, and the people of the State generally ; and the said Charles A. Edmonds, Commissioner of the State Land Office, was in this manner then and there guilty of corrupt conduct in office, and did commit a misdemeanor in office. The President pro tern, directed the Secretary to call the names of the Senators. Each Senator, as his name was called, rose in his place, and the President ^TO tern, proposed to him the following question : 112 JOURNAL OP THE [May 24, " Mr. Senator , how say you ? Is the respondent, Charles A. Edmonds, Commissioner of the State Land Ofl5ce of the State of Michigan, guilty, or not guilty, as charged in this Article ?" The Senators who answered " Guilty " are, Senators Ball, Be- gole, Oawley, Dexter, Gay, Jenks, Mann, Moffatt, Neasmith, Eomeyn, Sheley, Stoddard, Storrs, Waterbury, Wheeler, and Wilcox. The Senators who answered "Not guilty" are. Senators Al- exander, Barber, Briggs, Hannahs, Price, Prutzman, Putnam, Eandall, Stockbridge, Wood, and President ^ro tem. The President pro tem. declared that two-thirds of the Sen- ators elect not having pronounced him guilty, Charles A. Ed- monds, Commissioner of the State Land Office, stood acquitted of the charges contained in the First Article of Impeachment. The Secretary, by direction of the President pro tem., read the Second Article of Impeachment, as follows : ARTICLE II. That said Charles A. Edmonds, Commissioner of said State Land Office, on divers days and times, between the time of assuming the duties of his office, to wit : about the fourth day of January, 1871, and the day of the passage of the said reso- lution of impeachment, the basis of these articles, unmindful of the high duties of his office, of his oath of office, and in vio- lation of the Constitution and laws of the State of Michigan, and contrary to the provisions of an act entitled " An ace to prevent officers and clerks in the State Land Office, and in Auditor General's Office, from purchasing lands while in the employ of the State," approved March 16, 1861, did corruptly, unlawfully, by himself, and with his Deputy, and also with his clerks in said office, directly and indirectly engage in the pur- chase of lands from the State, and for sale in the Land Office of this State, of which he was chief. And the said Charles. A. Edmonds, Commissioner of the State Land Office, was thus, then and there guilty of corrupt 1872.] IMPEACHMENT TRIAL. 113 conduct in office, and did commit a high misdemeauor in office. The President pro tern, directed the Secretary to call the names of the Senators. Each Senator, as his name was called, rose in his place, and the President pro tern,., proposed to him the following question : " Mr. Senator , how "say you ? Is the respondent, Charles A. Edmonds, Commissioner of the State Land Office of the State of Michigan, guilty, or not guilty, as charged in this Article?"' The Senators who answered '•' Guilty" are, Senators Alex- ander, Briggs, Jenks, and Stoddard. The Senators who answered " Not guilty " are, Senators Ball, Barber, Begole, Cawley, Dexter, Gay, Hannahs, Mann, Moffatt, Neasmith, Price, Prutzman, Putnam, Eandall, Eomeyn, Sheley, Stockbridge, Storrs, Waterbury, "Wheeler, "Wilcox, "Wood, and President pro tern. The President pro tern, declared that two-thirds of all the Senators elect not having pronounced him guilty, Charles A. Edmonds, Commissioner of the State Land Office, stood acquitted of the charges contained in the Second Article of Impeachment. The Secretary, by direction of the President pro tern., read the Third Article of Impeachment, as follows: ARTICLE III. That said Charles A. Edmonds, Commissioner of said State Land Office, unmindful of the duties of his office, and his oath of office, having knowledge that large numbers of actual set- tlers to whom license had been issued' in pursuance of act No. 108, Session Laws of 1861, being an act entitled "An act to amend an act entitled ' An act to provide for the settlement and drainage of the swamp lands by actual settlers,' being act No. 239j laws of 1859," were in possession of their lands under their said licenses, and had been in possession thereof 15 114 JOIJENAL OP THE May 24, for a long time, and made valuable improvements thereoD, and complied with the laws of this State in regard to licens- ing lands to actual settlers fully, except filing with the Com- missioner of the Land OfiBce the proofs of settlement and occupancy, required by section four of said act No. 108, laws of 1861, and he, the said Edmonds, being acquainted with the practice in said ofBce ever since the passage of said act 'Ho. 108, laws of 1861, to withhold from sale such licensed lands, except in cases where proofs by the affidavit of two credible witnesses was filed, showing non-settlement and abandonment by the licensee, did corruptly, and for the purpose of pecuniary gain to himself, his Deputy, and clerks, about the month of October, 1871, decide that such lands were subject to sale without such proof of non-settlement or abandonment, as had been the practice of said office, and he, the said Charles A. Edmonds, did then and there, by himself, his Deputy, and clerks, corruptly, and for the purpose of securing gain as aforesaid, furnish to divers persons the description of such licensed lands, when the proofs of settlement and occupancy had not been filed in accordance with said section four afore- said, which said persons purchased said lands, and to whom said Commissioner issued patents, whereby a gross fraud was practiced upon such actual settlers, and large profits and gains made, in which said Edmonds, his Deputy, and clerks were interested. And said Edmonds, being so unmindful of his duty and oath of office, and the policy of the State to protect the actual set- tlers, has corruptly furnished and permitted his Deputy and clerks corruptly to furnish such descriptions of licensed lands to divers persons, on divers days and times, since the decision aforesaid, and before the passage of the resolution of impeach- ment by the House of Ecpresentatives, which said persons pur- chased said descriptions, to whom patents were issued by said Commissioner, he, said Commissioner, his Deputy, and clerks being indirectly interested therein. 1872.] IMPEACHMENT TRIAL. 115 And the said Charles A. Edmonds, Commissioner of the State Land Office, was thus then and there guilty of corrupt conduct in oflBce, and did commit a misdemeanor in office. The President pro tern, directed the Secretary to call the names of the Senators. Each Senator, as his name was called, rose in his place, and the President pro tern, proposed to him the following question : " Mr. Senator , how say you ? Is the respondent, Charles A. Edmonds, Commissioner of the State Land Office of the State of Michigan, guilty, or not guilty, as charged in this Article ?" The Senators who answered " Gruilty," are, Senators Begole, Cawley, Dexter, Gay, Jenks, Mann, Putnam, Sheley, Stoddard, Storrs, Waterbury, and Wheeler. The Senators who answered "Not guilty" are. Senators Alexander, Ball, Barber, Briggs, Hannahs, Moflfatt, Neasmith, Price, Prutzman, Randall, Romeyn, Stockbridge, Wilcox, Wood, and President pro tern. The President pro tern, declared that two-thirds of the Sen- ators elect not having pronounced him guilty, Charles A. Edmonds, Commissioner of the State Land Office, stood acquitted of the charges contained in the Third Article of Im- peachment. The Secretary, by direction of the President pro tern., read the Fourth Article of Impeachment, as follows : AKTICIE lY. That said Charles A. Edmonds, Commissioner of the Stato Land Office, unmindful of the high and responsible duties of his office, and of his oath of office, on the first day of June, 1871, in the said Land Office, at Lansing, in the county of Ingham, and on divers other days and times during his official term at Lansing, aforesaid, did unlawfully conspire with one William G. Patrick, and divers other persons unknown, fraud- ulently to withhold from sa]e, and mark, or cause to be marked, as sold, large quantities of State lands, for the benefit of said 116 JOUKXAL OF THE [May 24, conspirators, in fraud of other lonafide purchasers and settlers, with the intent to cheat and defraud such lonafide purchasers and actual settlers, and all others who might wish to purchase the same. And in pursuance of said conspiracy the said Charles A. Edmonds did mark, or cause to be marked, in said oflBce, on the plat-books thereof, as sold, large tracts of land that were not sold, by which Edmonds, his Deputy, and clerks in ofiBce corruptly received large sums of money; and said Charles A. Edmonds, Commissioner of the State Land Office, was guilty of corrupt conduct in oiSce, a violation of his oath of office, and a great fraud upon the people of this State. The President jaro fem. directed the Secretary to call the names of the Senators. Each Senator as his name, was called rose in his place, and the President pro tern, proposed to him the following question : " Mr. Senator , how say you ? Is the respondent, Charles A. Edmonds, Commissioner of the State Land Office of the State of Michigan, guilty, or not guilty, as charged in this Article?" All the Senators present voted "Not G-uilty," as follows: , Senators Alexander, Ball, Barber, Begole, Briggs, Cawley, Dex- ter, Gay, Hannahs, Jenks, Mann, Moffatt, Keasmith, Price, Prutzman, Putnam, Eandall, Eomeyn, Sheley, Stockbridge, Stoddard, Storrs, Waterbury, Wheeler, Wilcox, Wood, Presi- dent ^ro tern. The President pro tern, declared that two thirds of the Sen- ators elect not having pronounced him guilty, Charles A. Edmonds, Commissioner of the State Land Office, stood ac- quitted of the charges contained in the Fourth Article of Impeachment. The Secretary, by direction of the President pro tem., read the Fifth Article of Impeachment, as follows : ARTICLE V. That said Charles A. Edmonds, Commissioner of the said State Land Office, from time to time, from the commencement 1872.] IMPEACHMENT TRIAL. 117 of his official term in January, 1871, to the time of the passage of the resolution of impeachment in this case, to wit : the 38th of March, 1873, unmindful of the high duties of his office, in violation of his official duties, his oath of office, and the laws of this State, did, in his office, and with his Deputy in office, and in his official time, so engage in, and carry on, the purchase and sale of swamp land "scrip" (so-called), as to operate in fraud of, and to the damage of the primary school fund, the several counties of this State, and of the Treasury of the State. And the said Charles A. Edmonds, Commissioner of the State Land Office, was in this manner then and there guilty of corrupt conduct in office, and did commit a misdemeanor in office. The President pro tern, directed the Secretary to call the names of the Senators. Each Senator, as his name was called, rose in his place, and the President pro tern, proposed to him the following question: " Mr. Senator , how say you ? Is the respondent, Charles A. Edmonds, Commissioner of the State Land Office, of the State of Michigan, gnilty, or not guilty, as charged in this Article ?" The Senators who answered "Guilty" are. Senators Begole, Cawley, Jenks, Mann, Eomeyn, Sheley, Storrs, and "Waterbury, The Senators who announced " Not guilty" are, Senators Alexander, Ball, Barber, Briggs, Dexter, Gay, Hannahs, Moffatt, Neasmith, Price, Prutzman, Putnam, Eandall, Stockbridge, Stoddard, Wheeler, Wilcox, Wood, and President fro tern. The President pro tem. declared that two-thirds of all the Senators elect not having pronounced him guilty, Charles A. Edmonds, Commissioner of the State Land Office, stood acquitted of the charges contained in the Fifth Article of Impeachment. The Secretary, by direction of the President pro tan., read the Sixth Article of Impeachment, as follows : 118 JOURNAL OF THE [May 24, ARTICLE TI. That said Charles A. Edmonds, Commissioner of the State Land Office, during his oflBcial term as snch Commissioner, to wit : from about the J5rst day of January, 1871, to the 28th day of March, 1872, unmindful of the higli and responsible duties of his office, of Ms oath of oflQce, and disregarding the rights of the people of this State, and for the corrupt and un- lawful purpose of personal benefit and gain, did appoint and keep in his office, as clerks, certain men of dissolute habits and character, and unworthy the high trust and confidence necessarily required of men in their positions, and did, also, allow his clerks in office, in violation of the laws of this State, to purchase, directly and indirectly, from the State, lands for sale in said Land Office, and to be interested in purchases made in the name of others, directly and indirectly, and to traffic, and corruptly sell and get unlawful gain, in the sale of valuable information contained in such office, within their knowledge as such clerks, and to act as the agents, for reward, of certain land-dealers, in entering land, thus giving such dealers an undue advantage over others seeking the entry of lands at said office. And the said Charles A. Edmonds, Commissioner of the State Land Office, was thus, then and there, guilty of corrupt Conduct in oSBce, and did commit a misdemeanor in office. The President pro tern, directed the Secretary to call the names of the Senators. Each Senator, as his name was called, rose in his place, and the Prssident pro tern, proposed to him the following question : "Mr. Senator , how say you? Is the respondent, Charles A. Edmonds, Commissioner of the State Land Office, of the State of Michigan, guilty, or not guilty, as charged in this Article?" The Senators who answered "Guilty" are. Senators Begole, Cawley, Dexter, Hannahs, Jenks, Mann, Moflfatt, Neasmith, Putnam, Eomeyn, Sheley, Stoddard, Storrs, Waterbury, Wheeler, and Wood. 1872.] IMPEACHMENT TRIAL. 119 The Senators who answered " Not guilty " are, Senators Alexander, Ball, Barber, Briggs, Gay, Price, Prutzmau, Ean- dall, Stockbridge, Wilcox, and President j?ro tern. The President pro iem. declared that two-thirds of all the Senators elect not having pronounced him guilty, Charles A Edmonds, Commissioner of the State Land Office, stood acquit- ted of the charges contained in the Sixth Article of Impeach- ment. The Secretary, by direction of the President jpro ^e??2., read the Seventh Article of Impeachment, as follows : ARTICLE TII. The said Charles A. Edmonds, being a public ofiicer of the State of Michigan, through whose hands public moneys pass, to wit : the Commissioner of the Land Office aforesaid, has at divers times during the present term of his said ofEce, and as such officer, received moneys current by the laws of the United States as moneys in payment for certain lands belonging to the State of Michigan, and has corruptly, and in violation of the laws of this State, and especially in Tiolatiou of section two hundred and thirty-four of the Compiled Laws of eighteen hundred and iifty-seven, converted or changed said moneys into swamp land scrip, so-called, retaining said moneys for his own use and benefit, in whole or in part, and entering said lands, in payment for which he had received said moneys, as purchased and paid for by said scrip, and has not deposited or turned over to the proper ofiBcer of the State said moneys, so received in purchase of said lands. By reason whereof the said Charles A. Edmonds has com- mitted a crime against the laws of this State, and is guilty of misconduct in office. The President pro tern, directed the Secretary to call the names of the Senators. Each Senator, as his name was called, rose in his place, and the President ^ro tern, proposed to him the following question : « Mr. Senator , how say you ? Is the respondent, 120 JOUENAL OF THE L^ay 24, Charles A. Edmonds, Commissioner of the State Land Office of the State of Michigan, guilty, or not guilty, as charged in this Article." Senator Sheley answered " Guilty." The Senators who answered " Not guilty " are. Senators Al- exander, Ball, Barber, Begole, Briggs, Cawley, Dexter, Gay, Hannahs, Jenks, Mann, Moffatt, l^easmith, Price, Prutzman, Putnam, Eandall, Eoraeyn, Stockbridge, Stoddard, Storrs, "Waterbury, Wheeler, Wilcox, Wood, and President pro tern. The President pro tern, declared that two-thirds of all the Senators elect not having pronounced him guilty, Charles A. Edmonds, Commissioner of the State Land Office, stood ac- quitted of the charges contained in the Seventh Article of Impeachment. The Secretary, by direction of the President pro tern., read the eighth article of impeachment, as follows : AKTICLB VIII. That said Charles A. Edmonds, Commissioner of the State Land Office, unmindful of the digility and high duties of this office, and of the wholesome requirements of the laws of the State, on or about the first day of March, 1872, at the city of Lansing, the Capital of this State, contriving and intending to debauch and corrupt the morals, as well of youth as of others, good citizens of this State, did, at the time and place aforesaid, and at other times and in other places in this State, unlawfully, ivickedly, maliciously, and scandalously publish, circulate, and distribute, or cause to be published, circulated, and distributed, a certain anonymous and obscene printed paper entitled " Every Wednesday Night," containing impure, scandalous, and obscene matters, language, and description, manifestly unbecoming the dignity of his office, a scandal in the community, and tending to the corruption of the morals of youth, and other good citizens of this State, and to the evil example of all others, and in violation of the laws of the State, and against the peace and dignity of the people of this State. 1872.] IMPEACHMENT TEIAL. 121 And the said Charles A. Edmonds, Commissioner of the State Land office, did thus, then and there, commit and was guilty of a misdemeanor, contrary to the form of the statute, and against the peace and dignity of the people of the State of Michigan. The President pro tern, directed the Secretary to call the names of the Senators. Each Senator, as his name was called, rose in his place, and the President ^ro tern, proposed to him the following question: " Mr. Senator , how say you ? Is the respondent, Charles A. Edmonds, Commissioner of the State Land Office of the State of Michigan, guilty or not guilty, as charged in this Article?" The Senators who answered " Guilty " are, Senators Begolc, Cawley, Dexter, Mann, Price, Putnam, Eomeyn, Sheley, Stock- bridge, Stoddard, Storrs, Waterbury, Wilcox, and Wood. The Senators who answered "Wot guilty" are, Senators Alexander, Ball, Barber, Briggs, Gay, Hannahs, Jenks, Moffatt, Neasmith, Prutzman, Randall, Wheeler, and President pro tern. The President jjro tern, declared that two-thirds of the Sen- ators elect not having pronounced him guilty, Charles A. Ed- monds, Commissioner of the State Land Office, stood acquitted of the charges contained in the Eighth Article of Impeach- ment. The Secretary, by direction of the President pro tern., read the Ninth Article of Impeachment, as follows : AKTICtE IX. That the said Charles A. Edmonds did during the months of March or April last past, and while he was such Commis- sioner of said Land Office, knowingly, willfully, and maliciously, at Laporte, in the State of Indiana, and elsewhere in the Unit- ed States, deposit, or cause to be deposited, in the postoffice at said Laporte, and in the several postoffices at other places in the United States, for mailing, or for delivery from said post- office or postoffices, a certain obscene print or publication, in 16 122 JOUENAL OP THE [May 24, the form of newspapers, and entitled "Eyery Wednesday Night," knowing the same to be of a vulgar and indecent char- acter, in violation of the laws of the United States, and especially of a statute of the United States entitled "An act relating to the postal laws," approved March 3, 1865. By which act of depositing, or causing to be deposited, said print or publication, in said postoffice at said Laporte and elsewhere, he, the said Charles A. Edmonds, did commit a crime against the laws of the United States. The President pro tern, directed the Secretary to call the names of the Senators. Bach Senator, as his name was called, rose in his place, and the President pro tem. proposed to him the following question : " Mr. Senator , how say you ? Is the respondent, Charles A. Edmonds, Commissioner of the State Land Office of the State of Michigan, guilty, or not guilty, as charged in this Article ?" The Senators who answered " Guilty " are. Senators Begole, Cawley, Dexter, Price, Putnam, Sheley, Storrs, and Waterbury. The Senators who answered " Not Guilty " are. Senators Alexander, Ball, Barber, Briggs, Gay, Hannahs, Jenks, Mann, Moffatt, Neasmith, Prutzman, Randall, Eomeyn, Stockbridge, Stoddard, "Wheeler, "Wilcox, Wood, and President pro tem. The President pro tem. declared that two-thirds of all the Senators elect not having pronounced him guilty, Charles A. Edmonds, Commissioner of the State Land Office, stood acquitted of the charges contained in the Ninth Article of Impeachment. The Secretary, by direction of the President pro tem., read the Tenth Article of Impeachment, as follows : ARTICLE 5. That said Charles A. Edmonds, Commissioner of the State Land Office, unmindful of the dignity of his office, his duties, his oath of office, and the requirements of the laws of this State, at divers times daring his official term as such Commis- 1872.] IMPEACHMENT TRIAL. 123 ioner, since the fifth day of July, 1871, at the city of Lansing, and in other places within this State, has been drunk, or so affected by his drinking of intoxicating liquors, as to disgrace his oflSee and nnfit him for the discharge of his ofiacial duties; and the said Charles A. Edmonds, Commissioner of the State Land oflSce, did thus and then and there show good cause for his removal from office, under the provisions of an act entitled "An act to subject all persons holding office under the govern- ment of the State of Michigan to removal from office for drunkenness," approved April 5, 1871. The President p7-o tern, directed the Secretary to call the names of the Senators. Each Senator, as his name was called, rose in his place, and the President pro tern, proposed to him the following question- " Mr. Senator , how say you ? Is the respondent, Charles A. Edmonds, Commissioner of the State Land Office of the- State of Michigan, guilty, or not guilty, as charged in this Article ? " All the Senators present answered " Not guilty," as follows: Senators Alexander, Ball, Barber, Begole, Briggs, Cawley, Dex- ter, Gay, Hannahs, Jenks, Mann, Moffatt, Neasmith, Price, Prutzman, Putnan, Eandall, Eomeyn, Sheley, Stockbridge,. Stoddard, Storrs, "Waterbury, Wheeler, "Wilcox, Wood, and Presi- dent j?ro teni. The President p)'o tern, declared that two-thirds of all the Senators elect not having pronounced him guilty, Charles A. Edmonds, Commissioner of the State Land Office, stood acquitted of the charges contained in the Tenth Article of Impeachment. The Secretary, by direction of the President pro tern., read the Eleventh Article of Impeachment, as follows: AETiCLE xr. That said Charles A. Edmonds, Commissioner of the State Land Office, unmindful of the dignity, high duties, and posi- tion of his office, and of the laws of this State, and the wholesome requirements of the laws of decency and morality. 124 JOUENAL OF THE [May 34, did, on or about the tenth day of October, 1871, at the city of Lansing, situated in the county of Ingham, at the Lansing House, commit adultery with a female whose name is unknown, he, the said Edmonds, then and there being a married man ; and did also, since he entered upon the duties of his said oflBoe, at divers other times and places in said Lansing, commit fur- ther and other adulteries, against the form of the statute in such case made and proyided, and against the peace and dignity of the people of this State. And the said Charles A. Edmonds, Commissioner of the State Land Office, did thus, then, and there commit and was guilty of a crime, contrary to the statute in such case made and provided, and against the peace and dignity of the people of the State of Michigan. The President pro tern directed the Secretary to call the names of the Senators. Each Senator, as his name was called, rose in his place, and the President pro tern proposed to him the following question : " Mr. Senator , how say you ? Is the respondent, Charles A. Edmonds, Commissioner of the State Land Office of the State of Michigan, guilty, or not guilty, as charged in this Article ? " Senator Begole answered "Guilty." The Senators wjio answered "Not guilty" are. Senators Alex- ander, Ball, Barber, Briggs, Cawley, Dexter, Gay, Hannahs, Jenks, Mann, Mofltatt, Neasmith, Price, Prutzman, Putnam, Eandall, Eomeyn, Sheley, Stockbridge, Stoddard, Storrs, Waterbury, Wheeler, Wilcox, Wood, and President 'pro tern. The President pro tern, declared that two-thirds of all the Senators elect not having pronounced him guilty, Charles A. Edmonds, Commissioner of the State Land Office, stood acquit- ted of the charges contained in the Eleventh Article of Impeachment. Tlie President joro tem. declared Charles A. Edmonds, Com- missioner of the Land Office of the State of Michigan, acquit- ted of all the charges in said Articles made and set forth. 1872.] IMPEACHMENT TEIAL. 125 Mr. Briggs presented a written opinion in regard to the pre- liminary questions argued before this Senate, sitting as a Court, which was received and ordered filed. Mr. Alexander moved that the Secretary be authorized to draw an order for the amounts advanced by the several Mana- gers for their expenses incurred in the trial of this impeach- ment; Which motion prevailed. Mr. Ball offered the following resolution, which was adopted : Resolved, That the Secretary of the Senate is hereby author- ized and required to forward to each member of the Senate, to each Manager, and to the respondent and his counsel, three copies of the Impeachment Eecord, as prepared and bound by the State Printer. On motion of Mr. Eomeyn, The Senate, sitting as a Court of Impeachment, adjourned without day. Senate Chambbk, ( Latmng, May 24, 1872. j I hereby certify that the foregoing is a correct jonmal of the proceedings of the Senate sitting as a Court for the trial of the Impeachment of Charles A. Edmonds, Commissioner of the State Land Office. HENKY S. SLEEPEK, Secretary of the Senate. APPEISTDIX APPENDIX [exhibit A.J PRIMARY SCHOOL LAND CERTIFICATE. No. 10934, In the Wame of the People of the State of Michigan : I, Chaeles a. Edmonds, Commissioner of the State Land OflBce, agreeably to the provisions of law, hereby certify, that at a private sale, on the first day of May, one thousand eight hundred and seventy-two, Cyrus Hewitt of Ingham county. State of Michigan, for and in consideration of the sum of six hundred and forty dollars, purchased the lands described as follows, that is to say : The northwest quarter of the south- west quarter, the south half of the southwest quarter, and the southwest quarter of the southeast quarter of section No. six- teen, in township No. 33 north, of range No. 3 west, contain- ing 160 acres, according to the returns of the Surveyor Gen- eral, at four dollars per acre. And I d6 further certify, that the consideration received therefor from the said purchaser is the sum of one hundred and sixty dollars, and that the con- sideration to be paid by the said purchaser is the sum of four hundred and eighty dollars, to be paid at any time hereafter, at the option of the purchaser ; but the interest of seven per centum, upon the whole amount of principal unpaid, to be"" paid annually, on the first day of March, or within sixty days thereafter, in each and every year, at the ofiBce of the State Treasurer : Provided, That in case of the non-payment 17 130 APPENDIX. of the interest annually, as aforesaid, by the said purchaser, or by any person or persons claiming under him, then this cer- tificate shall be void and of no effect, and all the right, title, and interest of the said Cyrus Hewitt, or of any person or persons claiming under him, of, in, and to the aforesaid land, shall be forfeited and become yoid. Provided further, That the same may be redeeme(J, either before the time appointed for the sale of lands at publication, or -within one year after such sale, by paying at the ofiBce of the State Treasurer, all interest due, with 25 per cent penalty, and charges for appraisal and advertising upon the same, together with interest at the rate of twenty-five per cent per annum, to be paid to any subsequent purchaser, from the date of forfeited sale, to the date of redemption ; but in case of failure to redeem as aforesaid, the forfeiture shall be absolute; the rights of the purchaser, or of any person or persons claim- ing under him, shall be forever void and of no effect; and the full title to such land, and the possession thereof, shall, with- out any act or proceeding at law, or otherwise, revest in the State, which shall, immediately after such forfeiture, be deemed to be in actual possession thereof, and the said Commissioner may re-sell the same, pursuant to the provisions of law. And provided further. That in case the said purchaser, or any person or persons claiming under him, shall suffer or per- mit saiti land, or any part thereof, to become delinquent for the non-payment of taxes, or shall commit any waste on said land, or any part thereof, then this certificate shall be void and of no efl'ect ; and all the right, title, and interest of the said Cyrus Hewitt, or any person or persons claiming under him, of, in, and to the said described land, shall be forfeited and become void. Given under my hand, and the seal of the State [ L. s. ] Land Office, this first day of May, 1872. W. A. BAENABD, Dep. Commissioner. APPENDIX. 131 $160.00. State Treasitree's Ootice^ | Lansing, May 1, 1872. j Eeceived the within mentioned payment of one hundred and sixty dollars. V. P. COLLIEE, State Treasurei: F. M. H. [Countersigned.] Wm. Humphrey, Auditor General, G. F. H. Examined and entered. V. P. COLLIEE, State Treasurer, F. M. H. [exhibit b. ] For a valuable consideration, to me in hand paid, the receipt ■whereof is hereby acknowledged, I do, by these presents, assign, transfer, and set over to Eichard S. Thomas of Portland, Ionia county, Michigan, all my right, title, interest, claim, and de- mand of, in, and to the within certificate of sale, No 10934, being the N. W. i of S. W. J, S. i of S. W. i, and S. W. i of S. E. \ Section 16, Town 32 N. Eange 3 W., containing 160 acres, issued by the Commissioner of the State Land Office of the State of Michigan, to myself, May 1, in the year A. D. 1873, and of, in, and to the premises therein described. In testimony whereof, I have hereunto set my hand [ L. s. J and seal, this 1st day of May, A. D. ] 87^. CYEUS HEWITT. In presence of H. T. Caepektee, E. A. Wilder. 133 APPENDIX. ' STATE OF MICHIGAN, } ss. Ingham CouifTT, | On this 1st day of May, A. D, 1873, personally came before me, a notary public in and for said county, the above named Cyrus Hewitt, known to me to be the person who executed the foregoing assignment, and acknowledged the same to be his free act and deed. H. T. CAEPENTBR, ' Notary PiMic, Ingham Co. [exhibit c. ] For a valuable consideration, to me in hand paid, the receipt whereof is hereby acknowledged, I do by these presents assign, transfer, and set over to David W. Allison of Saginaw City, Michigan, all my right, title, interest, claim, and demand of, in, and to the within certificate of sale, No. 10934, being the northwest quarter of southwest quarter, south half of south- west quarter and S. W. i of S. E. i Section 16, Town 33 N. Eange 3 West, containing one hundred and sixty acres, issued by the Commissioner of the State Land Office of the State of Michigan, to Cyrus "W. Hewitt, May 1, in the year A. D. 1873, and of, in, and to the premises therein described. In testimony whereof, I have hereunto set my hand [ L. s.] and seal, this 1st day of May> 1873. EICHA.RD S. THOMAS. In presence of DwiGHT T. Smith, H. T. Cabpenter. STATE OP MICHIGAN, ) Ingham Coukty, ( ®^* On this 3d day of May, A. D. 1873, personally came before me, a notary public in and for said county, the above named Richard S. Thomas, known to me to be the person who exe- APPENDIX. 133 cuted the foregoing assignment, and acknowledged the same to be his free act and deed. H. T. OAEPENTEE, Notary Public, Ingham Co., Mich. [exhibit d.] W. G. Bush, Esq., Saginaw City, M.: D'b Sir— Yours received. The land on Sec. 33, 18 N., 2 W., and the N. W. i of N". W. i— 23— 19 N.— 3 W., has been applied for by E. Hall,— so you cannot get it. I have your 17 tax deeds here, with $6.15 charges. What shall I do with them ? I do not want Mr. Eipley to have anything on the plats I gave you east of Saginaw. Look everything carefully along the Port Huron and Flint R. E., and in Lapeer and Tuscola counties. I want everything that is worth taking, — all reserved lands, licenses, or forfeited lands. I want 4,000 acres, if you can find that amount, and I will see that you are paid for looking, if you will come here directly after looking and keep away from Eipley. Yours truly, Wm. a. baenaed. [exhibit e.] State Land Office, Lansing, April 17, 1871. W. G. Bush, Bsq., Saginaw City, M.: D'b Sir — I send, to-day, plats of the Alpena country, for all towns I think worth looking, with lands once reserved or applied for checked in blue. I wish you would look each town carefully for scattering lots of pine; if you can get eight hundred or a thousand 134 APPENDIX. acres, I can reserve it on contract until we can sell it, and make something out of it. Do not sell to any one in Alpena — report direct to me. E. Hall says he shall probably see you again soon in Sagi- naw City, and will talk with you again about the 18-3 lands. Can you locate, anywhere in the State, 3,000 acres of good black ash lands r If so, we can sell it. Let me know at once. Very truly, W. A. BARNAED. [exhibit f. ] Sta Lansing, March 6, 1871. State Laitd Office, ) W. C. Bush, Esq., Saginaio City, M.: D'r Sir — Yours of Saturday, with proof, etc., received. I have made application for the two forties in 7-14 E. ; will send patents as soon as I can get them. Mr. Hall was here Saturday and consented to hold the two. forties in 18 N., 2 W., and the fraction in 19 N., 2 W., until he could see you and make some arrangements with you for them. He said he would keep tliem until he saw you, and talked of trying to get some descriptions of you that he thinks you own. Very truly, W. A. BAENAED. [exhibit g. ] State Land Office, j Lansing, April 26, 1871. \ W. C. Bush, Esq., Saginaw City, M.: D'b Sie — I have had the lands in 11 N"., 12 E., reserved for you in B. Hall's name, so you can sell them if you wish. I cannot possibly raise any money at present to help look the Alpena land. E. Hall thought if he could see you he could APPENDIX. 135 make some arrangement ■with you, and wished me to say that he would' furnish you money for expenses, if the land was properly looked and reserved on his contract. I might, per- haps, get you some scrip to apply towards looking the land, or you might sell some of the Tuscola lands to raise means. Very truly, "W. A. BAKNAED, [exhibit h. ] State Land Oppice, ) Lansing, Jan. SI, 1870. \ W. C. Bush, Bsq., iSaginaw City, Mich.: Dbae Sie — I received your letter Saturday, but have been out of town until to-day. I find that the taxes on S. B. \ of S. W. i 15, — 17 N. 4 W., have been paid. Your patent for the 80 will be ready to-morrow, and I will try and send your plats with it. I will try and sell the 10 N.— 7 W. lands, or you get some one to furnish scrip and locate them with me, — if so, I will make it all right with you. If I locate them I shall want to do it in your name, and have you assign the certificates. Yours truly, W. A. BAENAKD. [exhibit I.] State Land Opeicb, Lansing, March 19, 1870. W. G. Bush, Esq., Saginaw City, Mich.: Deak Sir— I inclose diagram of section 16,-14 IST., 4 E., and wish you would look it for me and see if it is good. It is near the plank road and I think there is a road on the west side of the section— and there has been some inquiry about it lately— look it and tell me which is the best. I have 136 APPENDIX. marked that— that is yacant — and I think it is good farming land. If so, I want the best of it — look it as soon as you can. I ■will send you plats of licensed lands east of Saginaw by the time you get the fo'f h'b lands near St. Charles looked. There is considerable in 13, 6 E., that ought to be good. Yours truly, Wm. a. barnaed. [exhibit j.] State Land Office, ) Lansing, December ItJi, 1870. f Wm. C. Bush, Saginaw City, M.: Deae Sie — I enclose plat 9 K"., 1 W., Gratiot county, show- ing names on licensed lands, and lands ruled red reserved by Nichols Peacock, and lands shaded blue reserved by Luther Smith. These lands are black ash bottoms and will be valuable for timber and for farming. I want them carefully looked, so you can tell me which is the most valuable. If you can go at once and look them, I wish you would do so and report directly to me, and we can make something out of it. The west part of town — say sections 5, 6, 7, 8, 17, 18, 19, 30, — ^have never been surveyed ; but I think if you have a good compassj you can run the land out near enough yourself Look everything on the plat. Write me when you will be able to go. If you know of any swamp lands that yoi". want re- served for yourself, — two or three months, — send description and I will hold them for you. I have an arrangement with E. Hall. Very truly, Wm. a. BARNAED. APPENDIX. . 137 [exhibit k. ] State Land Office, ) Lansing, February 10, 1870. f W. C. Bush, Esq.: Dear Sik — I enclose plats showing everything in the ranges you left here. There is not much north of 16 but vacant land, — except in 19 N., 6 W. I find about 400 acres reserved to E. L. Gray, that I thinly you better look. I think I can get it ; also some in 19 N., 7 "W., — it is good. Come here yourself with it, and I will tell you how to apply for it. Yours truly, W. A. BARNAKD. [exhibit L.J State Land Office, ) Lansing, March 22, 1870. J W. C. Bush, Esq., Sag. (My, M.: D'e Sik — I have just received your letter. The two forties in 13 N. 9 W., are marked to Eipley — all right. I enclose diagrams of 13 N., 6 B., and 14 K, 6 E., showing quite a number of old licenses (40 acres each), under the old law. I did not have time to put in the names, but do not think many of them are settled. If you look them, come here and make the proofs, then you can tell which you can get, and will have no trouble with Eipley. You should give him no list or descriptions, until you have been here and found the lands subject to sale, and all right on our books. Ripley will get nearly everything in the lists you have already furnished him. Yours truly, W. A. BARNARD. 18 138 APPENDIX. [exhibit m.] State Land Ofeicb, ] Lansing, December 12, 1870. \ W. 0. Bush, Saginaw City, M.: D'k Sir— Your dispatch came this morning, and the lands in 15 N. 5 W. will be reserved for you, all right. I enclose plats of the lands in 15 IST. 5 "W. and 16 N. 4 W., with names of purchasers. Sell the land for what it is worth, if possible. Yours truly, W. A. BARNARD. [exhibit n.] State Land Office, 1 Lansing, February J^, 1870. [ W. 0. Bush, Sagiiiaw City.: Deae Sib — I have received your letter of the 2d and 4th. Enclosed please find tax statement for the descriptions sent me. You can purchase State bid on N. W i of S. E. \ 35, 15, 6 W. I send plats for all towns in ranges 15 and 16 north, that I thought good. There are considerable many late licenses that I did not think worth looking. I.was up to Bay City last Sunday and sold the 10 N". 17 W. lands. If the estimates are correct, the man is to pay for the minutes, or give us an interest in the land. If you are going to sell the minutes for everything you look, I want to have some understanding with you before I put you on track of any more land. The lands in 11 N. 4 W. should not have been put in Ripley's list. You have no proofs here for the lands in 11 N. 4 E., and some other descriptions that were in his list, and ought not to have given him that list as it Avas until it was perfected, and the lands in proper shape to be located. APPENDIX. 139 I would like to see you, if possible, before you go into the ■woods again. Yovirs truly, W. A. BAKNAED. [ exhibit 0. j State Land Office, ] Lansing, May 25, 1870. j W- O. Bush, Saginaw Gity.: D'r Sir — I have received your letter enclosing proofs of abandonment. There is nothing in Muskegon or Newaygo that I know of that is worth looking. I will look after the Board of Audit- ors get away, and I have more time, for Pine ; and if I can find any, I will send it. Very truly, Wm. a. baenakd. [ EXHIBIT p. J Sta^ Lansing, April 8, 1870. State Land Office, ) W. 0. Bush, Mq., Sag. City, M.: D'e Sib — When the water gets down so you can go to 10 N. 4 E., I wish you would look at N. E. i of S. E. i 20,— and see if you can furnish proof so I can get it. Look it so you can tell me about it when you come here to look South and West. Yours truly, Wm. a. baenaed. 140 APPENDIX. [ exhibit q. ] State Land Office, ) Lansing, July 1, 1870. j W. 0. Bush, Saginaw City : D'b SiK — I receiTed your letter to-day and enclose j^lats with yacant lands and licenses marked in pencil. If you can get scrip of Lathrop you better hold your plats until he gets his contract accepted so he can reserve lands, and then look the lands for yourself and Lathrop instead of Kipley. I will help you locate the lands for an interest in the scrip. I may possibly be in Saginaw City Monday, — if so, will try and see you. Yours truly, Wm. a. barnaed [exhibit r. ] No. 2389L In the Name of the People of the State of Michigan : To all to whom these presents shall come, Greeting : Whereas, Philip Kershner, of the county of "Wayne, Mich., on the thirteenth day of February, in the year one thousand eight hundred and seyenty-one, purchased from the State of Michigan, the lands hereinafter described, pursuant to the laws of said State, then in force, and in such cases made and provided ; And whereas, The said Philip Kershner has paid for said lands, pursuant to the conditions of said sale, and the laws of the State duly enacted in relation thereto, the sum of one hun- dred dollars, and all legal interest thereon accrued, as fully ap- pears by the certificate of the proper officer, now on file in the office of the Secretary of State of the State of Michigan, being certificate No. 9052 for swamp land ; APPENDIX. 141 JVow therefore, I, Henbt P. Baldwin, Goyernor of said State, in consideration of the premises, and by virtue of the power and authority vested in me by the laws of said State, in such cases made and provided, do issue this patent, in the name and by the authority of the People of the State of Michigan, hereby granting and confirming unto the said Philip Kershner and to his heirs and assigns forever, the fol- lowing piece or parcel of land, situate in the State aforesaid, to wit: The south half of the northeast quarter of section thirty-five (35), in township thirty-five (35) north, of range one (1) east, containing eighty (80) acres, according to the returns of the Surveyor General: to have and to hold the above described and granted premises unto the said Philip Kershner, and to his heirs and assigns, to his and their sole and only proper use, benefit, and behoof, forever, as provided by the laws of said State, against the lawful claim or claims of all persons whatsoever. In testimony whereof, I have caused these letters to [ L. s. ] be made patent, and the great seal of the State to be hereunto aflSxed. Given under my hand, at Lansing, this twenty-second day of February, in the year of our Lord one thousand eight hun- dred and seventy-one, and of the Independence of the United States of America the ninety-fifth. By the Governor: HENKY P. BALDWIN. Sam'l H. Eow, Dep. Secretary of State. Eecorded Book 37, page 187. [ EXHIBIT S. ] SETTLER'S LICENSE, UKDEK ACT 108, APPROVED MARCH 7, 1861. To all to whom these presents shall come : Whereas, Adam "Woolover of Malahide, in the county of Mid- dlesex, C. W., has made application to the Commissioner of U2 APPENDIX. the State Laud Office of the State of Michigan, under the act entitled "A71 act to amend an act entitled an act to provide for the settlement and drainage of Swamp Lands ly actual set- tlers," approved March 7, 1861, for the privilege of entering and settling upon, occupying, draining, and improving that certain tract or parcel of the Swamp Lands of this State, situated and lying in the township of Koylton, in the county of Tuscola, in this State, described in the public surveys, made under the authority of the United States, as the S. ^ of E". E. i of Sec. 35, T. 11 K. 11 E., containing 80 acres ; and has made oath to said application, as required by law, and agreed for himself, his heirs, executors, and administrators, to observe and be bound by all and singular the provisions of said act, and of any other statute relating to said tract of land not impairing his rights under said act, and faithfully to abide by, keep, and perform, and be subject to all the terms and con- ditions of this present License, which issues upon said applica- tion: JVow know ye, That I, the undersigned. Commissioner of the State Land OflQce, for and in behalf of the State of Michi- gan, do hereby license and authorize the said Adam Woolover to enter and settle upon, occupy, drain, and improve the above described tract or parcel of land, containing 80 acres, subject to the terms and conditions following, that is to say : Mrsf. That said applicant shall enter into immediate posses- sion and occupancy of said tract of land, and shall continue to reside upon, occupy, and improve the same for five continuous years. Second, '^hat said applicant shall, within three months from the date of this instrument, file with the Commissioner of the State Land Office a certificate from the sujpervisor of the town- ship in which the land is located, together with his own affi- davit, that he is in the actual possession and occupancy of such land. Third. That in case it shall appear that he was, at the date of said application, the owner, in law or equity, of forty acres APPENDIX. 143 of land, in any State or Territory of the United States, and that his said application is in this behalf willfully and know- ingly false, this license shall be deemed Toid from the begin- ning, and all his right, title, and claim to said tract shall cease and become absolutely null. Fourth. That said applicant has not heretofore, upon the application of himself or of any person in his behalf, or for his benefit, directly or indirectly, obtained any license under said act, or any other law of this State. Fifth. That said applicant shall not cut, take, and carry away, upon or from said tract, any pine timber or other val- uable timber, except for the sole purpose of clearing said land for actual cultivation ; and in that case, so much as may be necessary to improve said land, and no more ; and for the vio- lation of this condition, he shall be liable to all the forfeitures, penalties, and liabilities of a trespasser upon the State lands, as is now or as may hereafter be provided for by law. On the breach of any one of which conditions, this license is to be void and of no effect in favor of said applicant. And it is further provided, That if said applicant or set- tler shall not file his certificate and oath of settlement and occuiDancy, as above provided, or if the evidence of two wit- nesses under oath is furnished to the Commissioner of the State Land Office, that the clause above mentioned to prevent waste has been violated, then his claim shall be deemed as void, and the Commissioner of the State Land Office shall, from and after said tilne, sell said land the same as other swamp lands. The said applicant is not at liberty to assign or transfer the present License ; nor ca;i he transfer his possession to another ; and no person taking possession under him, either with or without his consent, will acquire any right v/hatever to said land. ; but in case of the death of Said applicant before the expiration of this License, his heirs-at-law, if in the actual possession and occupancy' of the tract, will be entitled to all his right, interest, and estate therein. 144 APPENDIX. And the said applicant also stipulates and agrees with the -State, that he will faithfully occupy the said tract of land, and will drain the same conformably to the above mentioned act, and to the provisions of the act of Congress therein referred to, for the purpose of obtaining title to said tract, as provided by law. And in case the said applicant shall actually occupy and reside upon said tract, for the period of five continuous years, and shall in all things comply with the above recited act of 1861, and keep and perform all and singular the provisions, terms, and conditions contained in this present License, he will at the end of that time be entitled to a certificate of pur- chase of said tract of land, and a Patent therefor from the State. In testimony whereof, I have hereunto set my hand [l. s. J and , affixed my official seal, at Lansing, this 39th day of May, A. D. 1866. CYRUS HEWITT, Commissioner of the State Land Office. 4671. [EXHIBIT T.] 9848. Sm'l V. Cornell, 27 Oct. '71. Proof of settlement and occupation, to perfect title to lands licensed under the provisions of Act No. 239, Session Laws of 1859. State of Michigan, '( County of Tuscola, \ On this twenty-seventh day of October, 1871, personally appeared before the undersigned, a notary public for said coun- ty, Adam Woolover, who, being duly sworn, according to law, deposes and says, in relation to land licensed to him on the 29th day of May, 1866, as per license No. 4671, describing land as follows : S. i of N. B. i, section 35, T. 11 N., E. 11 E: That the same was for his own use, and for the purposes of actual APPENDIX. 145 settlement and cultivation, under the provisions of the act of the Legislature, approved February 15, 1859, "to provide for the settlement and drainage of swamp land by actual settlers." That he is now in the occupancy of said land, and has been residing thereon since the 10th day of June, 1866. That he has made the following improvements, to wit: Cleared eight acres; built a good log-house 18 x 24, in which there is 3 doors, 4 windows; have an orchard growing thei-eon of about 25 trees. That he drained the same as follows: All that is necessary to drain the part improved, so as to comply with the provis- ions of act No. 229. Subscribed and sworn to before me, this 27th day of Octo- ber, A. D. 1871. ADAM >< WOOLOVER. Mark. J. J. Wilder, Notary Public, Tuscola County, Mich. Note. — The above affidavits of settlement may be taken before a justice of the peace or notary public. The applicant must give a full description of the improvements, and of the manner in which the land is drained. State of Michigan, ] County of Tuscola, j ' Before the undersigned, a notary public for said county, personally appeared Chauncey D. Woolover, a resident of said county, who, being duly sworn, according to law, deposes and says that he is well acquainted with Adam Woolover, who sub- scribed to the foregoing deposition, and knows him to be the identical person who obtained a license for the land described therein, and that he is now, and has been residing upon said land since the tenth day of June, 1866, and ihat his statement in regard to the improvements on said laud, and the drainage thereof, is true. 19 146 APPENDIX. Sworn and subscribed to before me, this 27th. day of Octo- ber, 1871. His OHAUNOBY D. X WOOLOVEE. Mark. J. J. WlLDEE, Notary Public, Tuscola County, Midi. Indorsement and filing on the back as follows : " Sold to Cornell Oct. 37, 1871. « License Ko. 4671. "Proof of settlement and occupation received Nov. 1, 1871, and rejected. "By the provisions of section 4 of act No. 239 of 1859, as amended by section 3 of act No. 108 of 1861, the licensee was required ^within three months after the date of said license' to file with the Commissioner of the Land OfiBce, a certificate of the supervisor, and his own affidavit, that he was in the 'actual possession and occupancy of such land,' and also that if said proof was not so filed, the Commissioner should sell such land, the same as other swamp lands. It appears that the terms of the license were not complied with, and under the law his claim was deemed as void, and the land has been sold ' the same as other swamp lands.' " The sale to Cornell is held to be valid, and Woolover will be notified that he may seek redress through the courts if he so elects. " CHAS. A. EDMONDS, " Nov. 1, 1871. " Commissioner. [ exhibit u. j State Laitd Office, ) , Lansing, November 1, 1871. j J. J. Wilder, Esq., Ca/ro, Mich. -. Deak Sir— Proof of settlement and occupation taken before you to perfect title to the S. \ of N. E. \ Sec. 35, 11 N., 11 APPENDIX. 147 B., embraced in License No. 4671, issned by this office to Adam Woolover, May 29, 1866, has been received. In reply, I have to say that by the provisions of Sec. 4, Act No. 239 of 1859, as amended by Sec. 2 of Act No. 108 of 1861, the licensee was required " within three months after the date of said License " to file with the Commissioner of the Land Office, a certificate of the Supervisor, and his own affidavit that he was in the "actual possession and occupancy of such land" and also that if said proof was not so filed, the Commissioner should sell such land the same as other swamp lands. It appears in this case, that the terms of the license were not complied with, a,nd, under the act, the claim was deemed to be void, and the land sold to S. V. Cornell, Oct. 37, 1871, " the same as other swamp lands." The sale therefore to Cor- nell is held to be -valid, and Mr. Woolover has no redress except through the Courts. Yours truly, W. A. BAENAKD, Deputy Com'r. FICE, I 2, 1872. ) [ exhibit v. j State Lakd Office, Lansing, March 12, L. M. Wing, Esq., Orangeville, Mich.: Dear Sir — Mr. Bowen desires me to say to you that the N. E. i of N. E. i of Sec. 25, T. 2 N., 11 W., licensed by Daniel Dawn, can be purchased for $50; and if you can sell it for any advance upon that, you can have one-half of the margin. Perhaps you can strike a customer for this. 40, and make a little something. An early answer as to your views is requested. Very respectfully, H. C. CLAEK, Loch Box 157, Lansing, Mich. 148 APPENDIX, [ EXHIBIT W. ] No. 4rJ9. SETTLEK'S LICENSE UNDER ACT 108, APPROVED MARCH 7, 1871. To all to whom these presents shall come : Whereas, Charles Conley of North Branch, in the county of Lapeer, has made application to the Commissioner of the State Land OfBce of the State of Michigan, under the act entitled "An act to amend an act entitled an act to provide for the set- tlement and drainage of swamp lands by actual settlers," approved March 7, 1861, for the privilege of entering and settling upon, occupying, draining, and improving that cer- tain tract or parcel of the swamp lands of this State, situated and lying in the township of Marlett in the county of Sanilac, in this State, described in the public surveys, made under the authority of the United States, as the S. frl. ^ of S, W. frl. i Sec. 6, T. 10 N., E. 12 E., containing 83 24-100 acres; and has made oath to said application, as required by law, and agreed for himself, his heirs, execu- tors, and administrators, to observe and be bound by all and singular the provisions of said act, and of any other stat- ute relating to said tract of land not impairing his rights under said act, and faithfully to abide by, keep, and perform, and be subject to all the terms and conditions of this present License, which issues upon said application : Jfow Know Ye, That I, the undersigned. Commissioner of the State Land OflBce, for and in behalf of the State of Mich- igan, do hereby license and authorize the said Charles Conley to enter and settle upon, occupy, drain, and improve the above described tract or parcel of land, containing 83 24-100 acres, subject to, the terms and conditions following, that is to say: First. That said applicant shall enter into immediate pos- session and occupancy of said tract of land, and shall continue to reside upon, occupy, and improve the same for five continu- ous years. APPENDIX. 149 Second. That said applicant shall, withia three months from the date of this instrument, file with the Commissioner of the State Land Office, a certificate from the supervisor of the township in which the land is located, together with his own affidavit, that he is in the actual possession and occupancy of such land. Third. That in case it shall appear that he was, at the date of said application, the owner, in law or equity, of forty acres of land, in any State or Territory of the United States, and that his said application is in this behalf willfully and know- ingly false, this license shall be deemed void from the begin- ning, and all his right, title, and claim to said tract shall cease and become absolutely null. Fourth. That said applicant has not heretofore, upon the application of himself or of any person in his behalf, or for his benefit, directly or indirfectly, obtained any license under said act, or any other law of this State. Mfth. That said applicant shall not cut, take, and carry away, upon or from said tract, any pine timber or other valua- ble timber, except for the sole purpose of clearing said land for actual cultivation ; and in that cast, so much as may be necessary to improve said land, and no more; and for the violation of this condition he sha,ll be liable to all the forfeit- ures, penalties, and liabilities of a trespasser upon the State lands, as is now, or as may hereafter be provided for by law. On the breach of any one of which conditions, this license is to be void and of no effect in favor of said applicant. And it is further provided, That if said applicant or settler shall not file his certificate and oath of settlement and occu- pancy, as above provided, or if the evidence of two witnesses under oath is furnished to the Commissioner of 'the State Land Office, that the clause above mentioned to prevent waste has been violated, then his claim shall be deemed as void, and the Commissioner of. the State Land Office shall, from and after said time, sell said land the same as other swamp lands. 150 APPENDIX. The said applicant is not at liberty to assign or transfer the present License ; nor can he transfer his possession to another ; and no person taking possession under him, either with or without his consent, will acquire any right Avhatever to said land ; but in case of the death of said applicant before the expiration of this License, his heirs-at-law, if in the actual possession and occupancy of the tract, will be entitled to all his right, interest, and estate therein. And the said applicant also stipulates and agrees with the State, that he will faithfully occupy the said tract of land, and will drain the same conformably to the above mentioned act, and to the provisions of the act of Congress therein refer- red to, for the purpose of obtaining title to said tract, as pro- vided by law. And in case the said applicant shall actually occupy and reside upon said tract for the period of five -continuous years, and shall in . all things comply with the above recited act of 1861 ; and keep and perform all and singular the provisions, terms, and conditions contained in this present license, he will at the end of that time be entitled to a certificate of purchase of said tract of land, and a patent therefor from the State. In testimony whereof, I have" hereunto set my hand [ L. s. ] and affixed my official seal, at Lansing, this thir- teenth day of August, A. D. 1866. CYEUS HEWITT, Uommissioner of the State Land Office. K. 9985. H. H. Hoyt and 0. S. Draper, Dec. 20, 1873. Indorsement on the back as follows : " $4.05. State Tkeasubee's Office, [ " Lansing, August IB, 1866. j " Keceived four and 05-100 dollars, being the excess over 80 acres in the License ZSTo. 4719 herein. "H. L. PADDACK, '•■ Clerk to the State Treasurer. " Countersigned : "S. D. BlKGHAM, "Deputy Auditor General." APPENDIX. 151 [ EXHIBIT X. J OBED SMITH'S RESERVATIONS. Area. SUBDIVISION. .| g 8, »• 2 REMARKS. sejiof swK 14 sw of n w 85 neof BTTand s wof n w 2T swof my 36 neof n e 14 n eof e e _ 11 seofsw 5 neof 8 w _ 20 e eof n w 28 n wof s w 84 njifof ew 10 sof n wandn eof n w 24 Bwof nw 24 B of Be _ 80 neofnw 34 B w of D e 85 w of B w 27 8 wof n w --- 22 neofsw S n wof n e IT fl e of ne 14 8 eof 8 w - 20 neof Be and 8 e of ne 27 8 e of n w and s w of s e 27 n wof n e 29 nXof ne 84 8 w of s w -'- 28 BeJiof nwj^ 21 nwofBW 6 3 e of s w II 8 wof n e 17 neofsw 3 Txvi X and n of s w 24 nwof se 24 neofnw 84 s wof 8 e 1 23 Xe of 8 wand BeXof n w- 4 nwXofsw 3 B e of n w -- 1 nwof 8 w , S neofse 6 8 w of n eand n w of 8 e 8 sof 8 e 6 neofne 7 1 Eh 29 n 4 e 40 August 18, 1869, 29 n 4 e 40 41 11 88n 6 e 80 December 26, 1869. 29 n 4 e 40 September 2, 1869. 31 n 8 e 40 D January B, 1870. 80 n 6 e 40 X 8, 1870. 30 Ti 6 e 2 e 2 e 6 e 40 X 40 X 40X 40 X 80 n 30 n 80 n 81 n 8 e SOD Jam 17, 1870. 83 n 5e 120 X Jan. 81, 1870. son 2 e 40 Jan. 26, 1870. son 7 e 80 March 80, 1870. 32 n 8 e 40 L. M. Mason. 31 n 4 e 9 e 40 80 29 n July 6, 1870. 88 n 7 e 40 X July 28, 1870. 28 n 8 e 40 40 40 40X July 27, 1870. .1 .. D. Smith. " " SOX D. Smith. 41 u 80 40 X .. D. S.\ " •' 80 D. n e of n e X D. u T e 40 40 Sin Aug. 9, 1870. 28 n 8 e 40 40 X X Sept. 17, 1870. „ 44 40 X 32 n 7e 40 Oct. 29, 1870. 36 n 2w 181 60 Not. 12, 1870. 11 4b 40 83 n 7 e 40 C. W, Kichardson. 34n 4 e 40 son 7 e 120 Ripley, Nov. 28, 1870. it 2w ■ 40 40 40 X n 87 n Nov. 29, 1870. " " 40 X E. Hall applied. " " sa X Nov. 24, 1871 14 ;. 80 40 X X U 153 APPENDIX. Abea. SUBDIVISION. CO B nof ne 21 37 n swof ne 18 " sXof se 27 32ii wXofsw 4 31 n wXofne 2 8 of Be 6 86n sofee 9 86ii wofsw 5 36 n wofse 29 87ii Amouni forward n e Jf of n w % 10 31 n nefli^ 24 36n eJiofseK 9 86n wofnw IS 31 n 8of n eandcof n w 14 " Beof sc 11 " nwjf 13 " ncXof nw 15 " Deduct Deduct. 1 1 e 8 c S e 1 e < s so X 40 80 80 84 78 80 80 X 80 X 80 X EEMAEKS. Dec. 16, 1870. D'e'd. Dec, 26, 1870. Dec. 2T, 1870. D. Jan. 11, 1871. 1 e 1 <■ 1 w 8 e 2 w 1 i» 3,106 38 40 63.66 X 80 X 80 100 40 160 40 DE March 27, 1871. May 16, 1871. 5 e June 15, 1871. .1 fci i4 3,770 04 80 L. M. Mason. 3,690.04 80 C. W. Eichardson. 8,610 04 " Indorsements and filing on the back as follows : " List of Lands Eeserred for Obed Smith. B. " Obed Smith's Beservation, Duncan, Alpena, and Sauble Eoad. Page 211.' [exhibit T.] No. 22879. In the name of the People of the State of Michigan : To all to whom these presents shall come, greeting: Whereas, Cyrus Hewitt, of the county of Ingham, Mich., on the twenty-eighth day of January, 1871, purchased from the State of Michigan, the lands hei-einafter described, j)ursu- ant to the laws of said State, then in force and in such cases made and provided ; And whereas, The said Cyrus Hewitt has paid for said lands pursuant to the conditions of said sale, and the laws of the State duly enacted in relation thereto, the sum of fifty dollars APPENDIX. • 153 and all legal interest thereon accrued, as fully appears by the certificate of the proper officer, now on file in the ofiBce of the Secretary of State of the State of Michigan, being certificate No. 9005, for swamp land. And whereas, Said certificate and the land described therein, have been duly assigned to James T. Munroe, of Clinton county, Mich. Now, therefore, I, Henry P. Baldwin, Governor of said State, in consideration of the premises, and by virtue of the power and authority vested in me by the laws of the said State, in such cases made and provided, do issue this patent, in the name and by the authority of the People of the State of Michigan, hereby granting and confirming unto the said James T. Munroe, and to his heirs and assigns forever, the following piece or parcel of land, situate in the State aforesaid, to wit : The northeast quarter of the southwest quarter of section twenty (20), in township ten (10) north, of range four (4) east, containing forty (40) acres, according to the returns of the Surveyor General. To have and to hold the above de- scribed and granted premises, unto the said James T. Munroe, and to his heirs and assigns, to his and their sole and only proper use, benefit, and behoof, forever, as provided by the laws of said State, against , the lawful claim or claims of all persons whatsoever. In testimony whereof,, I have caused these Letters [ I/, s. ] to be made patent, and the great seal of the State to be hereunto affixed. Given under my hand, at Lansing, this twenty-first day of February, A. D. 1871, and of the Independence of the United States of America, the ninety-fifth. HENEY P. BALDWIN. By the Governor : Sam'l H. Eow, Dep. Sedy of State. Recorded Book 37, page 195. 20 154 ' APPENDIX. Also, Patent No. 23880, issued to James T. Munroe of Clin- ton county, for one hundred and fifty dollars, on certificate No. 9075, swamp lands, dated February 30th, 1871, granting the S. i of the S. E. \ and the N. W. i of the N. E. i of sec- tion 13, in town 13 N., Range 10 West; containing 130 acres. Dated Fehruary 31, 1871. Signed by the Governor, counter- signed by the Secretary of State, and recorded book 37, page 176. Also, Patent No. 33881, issued to James T. Munroe of Clin- ton county,— consideration, one hundred dollars,^on certifi- cate No. 9074, swamp lands, dated February 20th, 1871, granting the N. i of the S. W. i of Sec. 5, T. 8 N., R 1 "W., containing eighty acres. Dated February 31st, 1871. Signed by the Governor, countersigned by the Secretary of State, and recorded book 37, page 177. [ EXHIBIT z. J Lansing, July 6, 1871. Com'r State Land Office: I hereby apply to purchase the S. W. i of N. W. i, N. W. f of S. W. i, and S. i of S. W. h and S. W. i of S. E. i, Sec. 16, T. 33 N., E. 3 W.; and deposit herewith my check to pay for same. Please hold until I get full names of parties who wish to purchase. Truly, CYRUS HEWITT. " Com. Please apply the enclosed check on the amount, $160, to pay in full for the S. W. i of the N. W. i Sec. 16, T. 33 N., R. 3 W. Make patent to me ; also the \ payment and affidavit for balance. " Make affidavit in accordance with the law in such cases. "CYRUS HEWITT. APPENDIX. 155 "Lansing, May 1, 1872." Indorsed in pencil as follows : "Com. Edmonds says execute papers in accordance with above application. "EOBIlSrSON, "aerJc." Lansing, Michigan. The Hon. Commissioner of tlie State Land Office : I hereby apply to purchase the following description of land: The S. E. i of the S. E. i of Sec. 33, T. 10 IST., E. 1 W. State of Michigan. Said description haying once been a license, and proofs of abandonment to it. Please ^nd also $95. Please furnish scrip. Yours respectfully, 0. B. CLAKK. October 2, 1871. Addressed at the bottom : " W. A. Barnard — Please use $100 of our scrip, with which to locate the above described land. " 0. A. EDMONDS." [ EXHIBIT AA. ] Area. SUBDIVISION. .2 g S 5 w^^ofew^ -- , 5 S6u aXoteeU - 6 86 s>fofncK 9 " e.JfofseK - 9 s^ifof seK 18 STn s wKof neK 18 nXofneK r 21 B>f of neK 21 " c>^of nwX 21 " Bwjfof nw^ 22 wXof Be,V 29 8Tn neflX ■ 24 S6n 2w 63 66 X 1 c 80 " 80 " 80 " 80 1 e 80 " 40 " 80 " 80 " 80 " 40 I w 80 156 APPENDIX. SUBDIVISION. Abe A. nXoSayfH 24 nwKof aejf 24 lota No 1 ana 2 24 n wjf of nwK 5 n e Jf of B e "^ 6 8>^of sej^ neKof nejf T swJiof neK 8 nwjf of sejf 8 Commissioner State land OJice: Please reserve the above list of Lands for me on Contract No. 2S, Ionia, Houghton Lake and Mackinac State Boad. E. HALL, By L. B. POTTER. Lassiko, November 24, 1871. Indorsed on the back ; •= " E. Hall, application. Received at Lansing November 24, 1871. Michigan State Land Office^" B P5 < s 86 n 2w 80 X 40 X 97 19 X 87 n 2w 40 40 80 40 40 40 [ EXHIBIT BB. ] Midland City, July 13, 1871. To tJie Hon. Commissioner of State Land Office : Dear Sir — Please allow Mr. Cyrus Hewitt to reserve on my road contract, it being the Midland City, Houghton Lake and Traverse City State road. And oblige your humble servant, THEODOEE BATHAY. Indorsed on the back, as follows : " Theodore Bathay's order to Cyrus Hewitt to reserve any lands. " Eeceived at the State Land Office, Lansing, M., July 14, 1871." [ EXHIBIT CC. ] Banking House of David Pkestok & Co., | Detroit, December 6, 1871. ' j Hon. C. A. Edmonds, Commissioner State LanA Office, Laimng, Mich.: Dear Sir— Your letter of the 2d inst. is received, in which you say : APPENDIX. 157 " I have this day received an order from Obed Smith, Esq., iu favor of "Wm. B. McCreery, for 1,300 acres upon contract No. 4, of the Midland, Houghton Lake, and Traverse City State road. Mr. Smith states that Mr. Preston says he has no claim on the contract, as he has settled with Mr. Bathay. Will you please inform this oflBce, at your earliest convenience, as to the facts in the case ?" Answer. Mr; Bathay does not owe us anything on any con- tract. He once assigned his contract, or a portion of it, to us ; but we have received in lands, and in credits at your office, all that he owes us. Yours truly, DAVID PEESTON & CO. . Indorsed on the back as follows : « David Preston & Co., Dec. 5, 1871. "Received at State Land Office, Lansing, Mich., Dec. 6, 1871." [exhibit dd. ] Banking House of David Pbeston & Co., ) Detroit, June 25, 1868. j Th^ Hon. E. E. Porter, Deputy Commigsioner State Land Office, Lansing, MwMgan : I have to-day sold and assigned to David Preston of Detroit, eight thousand acres, say $10,000 of general scrip, on my con- tract on Midland, Houghton Lake, and Grand Traverse State road, of 28 miles, executed May 23, 1868. The first amount completed thereon. You will therefore please allow them to reserve 8,000 acres of general scrip on said contract. And oblige, THEODORE BATHAY. Indorsed on the back as follows : « Theodore Bathay's order to D. Preston, for 8,000 acres of land, June 35, 1868." 158 APPENDIX. f EXHIBIT EE. ] Laksing, October 13, 1871. Gammismner State Land Office: Please allow John Charlton to receive a certificate for section 16, town 29 N., range 7 W., and town 39 N., range 4 W., which land is now held by me. Truly, CYKUS HEWITT. Laksing, September 33d, 1871. S. i S. E. i Sec. 33, 10 IS., 1 W. ; S. i S. W. i Sec. 32, 10 IST., 1 W.; W. i of S. B. i Sec. 30, 13 N., 4 W.; W. i of S. E. i Sec. 36, 13 ]Sr., 4 W. Commismner of State Land Office : Please reserve the above land, on account of my unmatured swamp land road contracts, and oblige, CYEUS HEWITT. Proofs of non-settlement and abandonment filed. LAsrsiNG, Aug. 18, 1871. Please reserve the N. E. i of N. W. i of Sec. 36, town 10 N"., E. 3 East, and oblige. CYETJS HEWITT. Lansing, Aug. 2d, 1871. Com. Slate Land Office: Please reserve on my Theo. Bathay order, S. W. \ of N. W. J Sec. 3, T. 19 ISr., E. 5 W.; S. B. i of S. W. i Sec. 3, T. 19 N., E. 5 W.; N. W. i of K W. i Sec. 11, T. 19 N., E. 5. CYEUS HEWITT. subdivision Section. Acrks. W>iofnw 1 80 T.23N.,E.BW. Sejfofnwy 1 40 " " " NJfofseJ^ 1 80 " " >■ S-wXotseX T 40 ' SwKofswX S 40 " " " SXofnwJi S SO '• '• " Nw^ofneK 11 40 " '■ " WJfofnwK 14 80 ■' " " 'EXOtneK 15 80 " " " WXofneif 39 80 " " " S e Jf of n w V 29 40 ' " " APPENDIX. 159 SUBDIVISION. Section. Aobes. WJiofseK 81 80 Se^ofswK 31 40 SeKofBWJ^ - 33 40 T. 23N., E.6W. 840 Lansing, August 16, 1871. Com'r State Land Office : Please reserve the above list, oa my Theo. Bathay matured order, and oblige Yours, CYEUS HEWITT. Indorsed on the back as follows : "Cyrus Hewitt, Aug. 16, 71. " 840 a. reserved, marked Aug. 16, '71. "Recorded, page 36." SDBDIVISION. .2 u o CQ E X of n e K of and e X of s e M 2T EJif of andseK 84 S wofne Jf andeXofnw Jf .. 20 20 21 S w3 " 3 BXofBeJf) " 4 26 Lotl 35 NeJ^ofsei^ 85 SwKofnwJflot2 36 N wKof sw>i 80 NeM » 18 1 a I < !2N 3E 40 40 40 80 61.80 24.25 6SF.59 29.90 40 36.30 40 4S2.25 80 TE 160 642.25 Commissioner State Land Office : Please reserve the above list of lands on my order from Theo. Bathay. CYRUS HEWITT. Indorsed oa the back as follows : "Cyrus Hewitt. Aug. 11, '71, 642.25a. reserved. « All reserved, 8-11-71. " Recorded page 36." APPENDIX. IGl SUBDIVISION. So e« S S II § & i m H « <) S Lot 8 25N. 8W. 18 55 NXof Beandncof 8W Ji-- 81 '• " 120 SwofswX 81 •' " 40 06 NwKandBXof ne Ji 82 '• •' 44« SwofnwK 88 '• " 40 EJf of neKrBwotn ej^ SI " " 120 Seof B w Jiandn wof se J< 11 " " 80 Heof n wJf,B wof nwJi 22 " " 120 'W}i-ofnw)i 28 " " 80 BJtfofseJf 29 " " 80 NwofneK 26 SON. 7 W. 40 SwofnwJi^ 2 SON. 9W. 40 W1t}ioteeX 15 " " 45 82 W>ji'ofneJi 28 87 N. 12 W. 80 Njfofnwjf 20 " *' 80 Lansikg, July 25, 1871. Commissioner State Land Office : Please reserve the above descriptions on account of mj Theo. Bathay order on his contract;, and oblige. Yours truly, CYEUS HEWITT. Indorsed on the back as follows : " Cyrus Hewitts July 25, 1871, reserved 160 acres. Recorfed page 36. " Received at State Land OflSce, Lansing, Michigan, July 25, 1871." [ exhibit ff. ] State Lakd Office, ] Lansing, October 2S, 1871. f Mb, Woolstox— i?ear Sir,— I find that I was right. I have the patent for that 40 that we went to look at,— the N". W. i of S. W.,— and it is for sale. I Want you to see that man that you spoke to me about, and see if he wants it. I can give him a patent for a deed right from the State, or a certificate, just as he prefers, as I have it in my own possession and have it paid for. I wish you to see him and get his propo8itions,'and write 21 1'63 APPENDIX. me what he will give for a deed of it right from the State. That 40 of tamarack, etc. Yours truly, S. V. CORNELL. p, g._When you write direct to me iu care of Van Dun- ham. Direct your letters to S. V. Cornell, in care 'of Van Dun- ham, Lansing, Michigan. S.V.C. SUBDIVISION. S ^ of n e i .85 4N HE To Commissioner Spate Land Office : 1 hereby apply to purchase the above description of land. Inclosed please find purchase money. Lansing, October 27, 1871. SAMUEL V. CORNELL. Com'r State Land Office, Lansing : I hereby apply to purchase the N. W. i of S. W. i Sec. 36, T. 7 N., range 4 E. Inclosed find $50 to pay for same. Use scrip and return balance. SAMUEL V. CORNELL. Oct. 19th, 1871. [exhibit gg.] SUBDIVISION. 5 B M " S S QJ O « K EH Ph NeXofnwX 12 In 16w NXofBwJ^ 5 8n Iw NeJfofnwX ---- 23 11 u 10 w Siioineli '. 13 12 n 10 w NwMofneJf 13 12 n 10 w Swjfofswjj; IT 2s 16w SeKofneX Jl 10 n 4e NwJiofneii 11 lOn 4e NeKofswK- - 20 lOn 4e NeKofnwM 22 lOn 4e NeJiofsei^ .' ;... 13 11 u 4w i REMARKS. hi U < 40 Pat. Proof Filed, X 2,091 80 " •' 40 " " X 4,540 80 '• ■' 40 " " 40 " " 40 " '• 40 40 •• " 2S!1H. 40 '• " 40 " " APPENDIX. 163 SUBDIVISION. . a S S) g REMARKS. to &< K ■< N wjf orneX.andne^of n wjf 10 18 n 4w 80 WKofneK 28 16n 4w 80 NwJfofBWjf 15 15n 5w 40 Corner State Land Office, Lansing, Mich. : Please reserve the above list of lands on my contract, No. 39, — Ionia, Houghton Lake and Mackinac State road. E. HALL. Per L. B. Potter. Lansing, Dec. H, 1870. Indorsed on the back as follows : "Geo. L. Hitchcock, Dec. 14, 1870. Eec'd Dec. 19, 1870. "Kecorded, page 376." State of Michigast, County of '^ ^^• [exhibit HH.J and — — of the townghip of in said county, being duly sworn, depose and say, that they are •vvell acquainted with the following described land, to wit : in the county of , and State of Michigan, and know that the same is valu- able mainly for agricultural purposes. And deponents further say that the timber standing and growing on said land is not pine, cedar, or hemlock, making said land valuable for lumber purposes, but that the timber growing thereon is principally Subscribed and sworn to before me, this day of A. D. 18—. Note. — This affidavit to be made by the supervisor of the township, or by two responsible persons, residents of the town in which the land is situated. 164 APPENDIX. [exhibit H.J oath of office. State of Michigan, County of Ingham, '' I do solemnly swear that I will support the Constitution of the United States, and the Constitution of this State, and that I will faithfully discharge the duties of the office of Commis- sioner of the State Land Office of the State of Michigan, according to the best of my ability. CHAS. A. EDMONDS. Sworn and subscribed before me, this third day of January, 1871. DANIEL STEIKEE, Secretary of State. State of Michigak, I ^ Office of the Secretary of State, j '' ' I, Daniel Striker, Secretary of State of the State of Michi- gan, do hereby certify that I have compared the annexed copy of oath of office, with the original, filed in this office January 3, 1871, and that it is a true and correct transcript therefrom, and of the whole of such original. In testimony whereof, I have hereunto set my hand [ L. s. J and affixed the Great Seal of the State of Michi- gan, at Lansing, this second day of May, in the year of our Lord one thousand eight hundred and seventy- two. G. M. HASTY, Dep. Secretary of State. OATH of office. State of Michigan, ) County of Ingham, j ^^' I do solemnly swear that I will support the Constitution of the United States and the Constitution of this State, and that I will faithfully discharge the duties of the office of Deputy APPENDIX. 165 Commissioner of tlie State Land OfiBce according to the best of my ability. Wm. a. BAENAED. Sworn and subscribed before me, this first day of June, 1871. HENEY N, LAWEENCE, Notarij PuUic in and for Branch County. State of Michigan, ) Office of the Secretary of State, \ ' I, Daniel Striker, Secretary pf State of the State of Michi- gan, do hereby certify, that I have compared the annexed copy rf the oath of oflBce of Wni. A. Barnard, as Deputy Commis- sioner of the State Land Office, with the original filed in this jflBce June 1st, 1871, and that it is a true and correct trans- cript therefrom, and of the whole of such original. In testimony whereof, I have hereunto set my hand [ L. s. ] and affixed the Great Seal of the State of Michi- gan, at Lansing, this llth day of May, in the year of our Lord one thousand eight hundred and seventy-two. G. M. HASTY, Deputy Secretary of State. [exhibit jj. ] STo. 9985. Jf. A. BAKNAKD & CO. — CERTIFICATE OF PURCHASE — SWAMP LAND. In the name of the People of the State of Michigan, I, Charles A. Edmonds, Commissioner of the State Land Office, igreeably to the provisions of law, hereby certify, that at a )rivate sale, on the 20th day of December, one thousand eight lundred and seventy-one, Herbert H. Hoyt and 0. Stuart Draper, of Saginaw county, State of Michigan, for and in con- ideration of the sum of one hundred fifty-four and 05-100 166 APPENDIX. dollars, purchased the land described as follows, that is to say : the S. frl. i of S. W. i Sec. 6, and N. E. i of K "W. i of section No. 7, in township No. 10 N. of range No. 12 E., containing 133.34 acres, according to the returns of the Surveyor General, at one and 25-100 dollars per acre. And I do further certify, that the consideration receiyed therefor is the sum of one hundred fifty-four and 05-100 dollars, to be paid at the oflBce of the State Treasurer: Provided, And this certificate is issued upon the express condition, that said purchaser shall hare no claim against the State for drain- age, reclamation, or other improvement of said land, but said sale is made subject to drainage and reclama- tion by the purchaser, in accordance with the Act of Congress granting said land to the State : And I further certify, that upon the presentation of this [ Ii. s. ] certificate, duly signed by the State Treasurer, and countersigned by the Auditor General, as required by law, to the Secretary of State, and surrender of the same, the purchaser therein named, or his as- signs, will be entitled, to receive a patent for said land, to be executed by the Governor. Given under my hand, and the seal of the State Land OflSce, this 20th day of December, 1871. Wm. a. baenard, Dep. Commissioner, [The following appears on the back of the certificate :] I State Tebasukee's Office, [ Lansing, Dec. 21, 1871, j ReceiTed the within mentioned payment of Dollars. [Countersigned :] State Treasurer. Auditor General. Examined and entered. V. P. COLLIER, State Treasurer, F. M. H. APPENDIX. 167 [exhibit kk.] State of Michigan-, ) County of Ingham, j ' I do solemnly swear that I will support the Constitution of the United States, and the Constitution of this State, and that I will faithfully discharge the duties of the oflBce of hook- keeper in the State Land OflSce, according to the best of my ability. HEDGES L. PADDACK. Sworn and subscribed before me, this third day of January, 1871. Chas. a. Edmonds, Notary Fullicfor Branch County, Mich. State of Michigan, [ gg Office of the Secretary of State, ' j I, Daniel Striker, Secretary of State of the State of Michi- gan, do hereby certify that I have compared the annexed copy of oath of office of Hedges L. Paddack, as book-keeper in the State Land Office, with the original, filed in this office January 3d, 1871, and that it is a true and correct transcript there- from, and of the whole of such original. In testimony whereof, I haye hereunto set my hand and affixed the Great Seal of the State of Michi- [ L. s. ] gan, at Lansing, this 13th day of May, in the year of our Lord one thousand eight hundred and seventy-two. G. M. HASTY, Deputy Secretary of State. State of Michigan, Seoketaet's Office, | Lansing, May 12, 1872. f I, Daniel Striker, Secretary of State of the State of Michi- gan, do hereby certify that after diligent and careful search among the files of this office, I find oaths of office of the following named officers and clerks of the State Land Office on file, viz: Charles A. Edmonds, Commissioner; "Wm. A. Barnard, Deputy Com'r; Hedges L. Paddack, book-keeper;. 168 APPENDIX. and further, that I caunot find the Qaths of office of any other clerk of said State Land OfiBce on file in this office. In witness whereof, I have hereunto set my hand, [ L. s. ] and affixed the Great Seal of the State of Michi- gan, at Lansing, the day and date first above written. G. M. HASTY, Dep. Sec. of State. [exhibit IL. ] State Land Ofeice, ) Lansing, January 16, 1872. \ Mr. James Cummin, Corwniui: Dear Sik — I saw Cornell, the purchaser of the N. W. i of S. W. i Sec. 36, T. 7 N., K. 4 E. (licensed by Bouck), and he will relinquish his claim and surrender his .papers on the payment of one hundred and sixty-flye dollars, — ^ays he has had better ofiers by a party owning adjoining land. By his surrendering his papers, I could cancel the sale and give Bouck the benefit of the purchase money, $50, which would leave $115 to pay. I tried to persuade Cornell to do a little better, but that was the best proposition he would make. His address is S. V. Cornell, Cold water, Mich. Very truly yours, CHAS. A. EDMONDS, Oommissioner. [exhibit mm.J State or Michigan, Auditok Geneeal's Office, ) Lansmg, May IS, 1872. \ I hereby certify that the accompanying abstracts, marked respectively " A " and " B," set forth correctly the amount of taxes assessed against the several descriptions of land therein contained, and for the years designated ; and also the amount of such taxes rejected and chai'ged back for each of such years. WM. HUMPHEEY, AvjUtor QeneraX of the SState. of Mi^Mnnn. APPENDIX. 169 5* P 1-1 J :» a a a ^ ; : ; . at f & tc >.«! a; "3s 03 si ;ctea ^1 1 1 1 i OW ^ 53 "^ 1 < 1 •I. H C3 .§. g. ^ ^ 1 -S cu « S m & < %. i—TH-Jl— T-HiacOl— i—i-n-**— iMCOmO'^'COl.— t-O*-" T)< o «a o r^.o i5co-^'Ai-i CACC r-lr-i OMCOCOO-l — 'XBX j3^ [BJiiiinoiaSv •XBXIOOTIOS S^iHrHr- ooo^eoooo^ooo •XCJ, pBOa rH rH t- ,H CO ff. m -tK ei CO QQ -^ <» t- ^ CD -^ CO i »■ i^i-^co I"* I 'Vi5«a«««oco'V'^TjiaaoiTii^co««ccocooi n ^'fe* COOO ^ 0>0oam-O3O3aaOi ^^ 0^^ <1> «BaBa^«n-a5^®o o,a«22=''^"SwSS B« a toPlziSltoHcoajcofcfcwSxtolziHaiHSzife APPENDIX. 171 [ EXHIBIt NN. ] RULES AND BEGTIATIONS OF THE STATE LAND OFFICE — FOR THE INFORMATION OF EMPLOYES ONLY. Office hours from 8 A. M. to 13 M., and from 1^ P. M. to 5 P.M. Clerks will be at their ^osis promptly, and devote their time, during office hours, exclusively to Office Business. Any information sought will be cheerfully given, and all business matters carefully attended to, by the Commissioner or Deputy j but ho employe in the office will be allowed to act as agent for other parties, or transact any business in the office, except in the regular discharge of his duties. Habitual and loud conversation must not be indulged in. Smoking in the office is prohibited. Leave of absence, not to exceed four weeks in any one year, will be granted. to clerks, at such times as will least interfere with the business of the office. CHAS. A. EDMONDS, Commissioner. [ EXHIBIT 00. J OBED SMITH— DUNCAN, ALPENA AND SAUBLE ROAD. 1871. Cn. Nov. 23. By balance unmatnred on Contract No. 4 $1,250 00 on Warrant.No. 840 402 16 " '• " " '• 841 _ 125 00 ' •■ " 842 J. T8T 60 Db. Nov. 28. To balance due Wm. Jenney on order $250 00 " lands received, 8,610.04 , 4,512 55 By balance $2,197 89 $4,762 55 $4,762 55 Db. Nov. 28. To balance $2,197 89 Dec. 6. " sold to J. W. Hill 79 79 Cb. Dec. 28. Byerror found $400 00 " balance ^ 1,877 68 $2,277 68 $2,277 68 173 APPENDIX. OBED SMITH, ASSIGNES OF T. BATHAY— CONTRACT No. 4. Midland, Houghton Lake and Traverse City lioai. 18T1. Amonntof contract ---- 842,062 50 Nov. 17. " paid on contract _ 21,469 50 $20,893 00 Cb. Nov. n. By balance unmatured .- -. .- $20,893 00 Db. Not. it. To lands reserved, 720 acres $900 00 " '■ " by T. Bathay, 7,178.69 acres 8,967 11 " " " by C. Hewitt, 3,946.13 acres 4,982 66 " balance die D. Preston & Co., on order 1,788 00 " order to A. Pack & Co.,... 750 00 " " E.S.Porter 1,250 00 " " T. Bathay 1,000 00 " T. Lnce & Co., 1,250 00 " balance 55 23 $20,895 00 $20,895 00 Cb. By balance _ $55 23 Dec. 5. " D. Preston & Co., 1,788 00 " T. Bathay order _. 1,000 00 Db. Dec. 2. ToordertoWm.B.McCreary, 1,200 acres $1,500 00 " 8. " " A. Pack & Co., 1,000 00 843 23 $2,843 23 $2,843 23 OBED SMITH, ASSIGNEE OP T. BATHAY.— CONTRACT No. 4. Midland, Houghton Lake, and Traverse City Road. ■1871. Db. Dec. 28. To lands reserved, 720 acres J900 00 " T.Bathay, 6,909.80 acres 8,687 33 " C. Hewitt, 3,882.24 acres _ 4^90 so " order to E. S. Porter _ 1^250 00 " T. Lnce & Co 1,250 00 Wm. B. McCrpary _., 1,500 00 A. Pack cS; Co 1,000 00 $19,327 68 APPENDIX. 173 58tl. Ch. Dec. 28. By balance unmatured ^ $18,036 82 " " dneonmatoref l,tl6 18 " - 184 68 $19,827 68 Dk. Dec. 48. To balance _ $184 68 Ck. Dec. 28. BJ-T. Bathay J6O5 77 OBED SMITH'S ACC'T, ASSIGNEE OF T. BATHAT.-CONTKACT No. 4. Midland, Houghton Lake and Traverse Bay Road. Db. 1872. April 17. To lande reserved by T.Batbay, 6,786.98 acres, 102e $8,461 28 " " C. Hewitt, 2,886.97 acres, 10b 8,246 21 " " by self, 888.90 acres, 10s 1,048 68 Toorder, A. P. 4 Co 1,000 00 " W. B. McCreary 1,500 00 B.S.Porter 400 00 T. Lnce&Co 312 50 rebalance 1,924 4S $17,898 00 Cb. 1878. Sept 17. By amount anmatnred — $15,276 82 •" 17. " dneonmatnred 2,616 18 $17,893 00 Cr. by balance - 1,924 4S OBED SMITH'S ACCODNT— CONTEACT NO. 1. Duncan, Alpena, and Sauble Boad. 1869. !>»• 1869. Cb. Oct. 11— Paid Hewitt & Co $8,850 00 Oct. 9— By warrant $8,350 00 Oct. 27— To Hewitt & Co $91121 Dec. 10—By warrant (508) <1,750 00 Dec. 10— To W. A. BnUer & Co... 838 79 $1,750 00 $1,750 00 1870. 1870. To Cyras Hewitt (order). $10 00 Ang. 11— By warrant (603) $2,250 00 Sept. 29— To Geo. N. Fletcher.... 422 47 Oct. 81— To A. W. Comstock 60 00 Not. 1— To Cyras Hewitt 400 00 Nov. 1— To J. Byan 877 68 $2,250 00 $2,2^ 00 174 APPENDIX. Oct. 6— To D. Preston & Co $1,000 00 Sept. 10— By warrant (621). Oct. 21— To T. Luce & Co 484 90 N0V..2— To J. Eyan 4 IT Nov. 14— To S. L. Carpenter 10 98 |1,5D0 00 1871. De. Mar. 4— To Wm. Jenney $250 00 Dec. 9— By warrant (TOO).. Mar. 1— To Pack & Porter 150 00 May 18— To D. S. Wheelock 85 16 Jnne 1-To D. Preston & Co 452 84 $98T 50 $1,500- 00 $1,500 00 Cb. $98T50 $937 50 June 1— To D.Preston & Co $375 00 Dec. 9— By warrant (TOl). $8T5 00 June 1— To D. Preston & Co.. June 15— To H. E. Morse June 24— To J. A. Case Dec. 9— By warrant (T02) $562 50 200 00 40 84 $562 50 1869. 1871. May 2— To L. M. Mason $150 00 Oct. 2— By warrant (841). 1871. Dec. 28— To Thos. Wood 50 00 Oct. 2— By warrant (842). Dec. 28— To Obed Smith 850 00 $550 00 $592 50 . $125 00 937 50 $11,T8T 50 Due $512 50. ■ 18T0. July 28— To Geo. N. Fletcher... Aug. 8— To J. N. Spratt. Sept. 8— To S. L. Carpenter.,... Sept. 27— To A. E. Elchard Not. 2— To A. W. Comstock.... Nov. 2— To John Eyan CONTEACT NO. 2. 1870. $721 Tl July 18— By warrant (5ST). 50 00 188 69 481 80 150 00 $1,600 00 $1,600 00 $1,600 00 Sept. 29— To Geo. N. Fletcher:... $400 00 Aug. 11 -By warrant ( $2,000 00 $400 00 $2,000 00 APPENDIX. 175 OBBD SMITH, ASSIGNEE OF T. BATHA1.— CONTEACT No. 4. Midland, Houghton Lake and Traverse City Boad. 18T1. °''- Dec. 28. To lands reserved, 720 acres $900 00 " 6,909.86 acreg, by T. Bathay 8,637 33 " " by C. Hewitt, 8,882.24 acres 4,790 80 To order to B'. S.Porter 1,250 00 " " T. Luce & Co 1,250 00 " " Wm. B. McCreary 1,500 00 " " A. Pack & Co 1,000 00 {19,327 63 To balance ISt gs Cb. 1871. Dec. 28. By balance nnmatared $18,026 82 " balance matured ' 1,116 18 " balance 184 63 $19,327 63 B. T. BATHAT. Due O. Smith, on Warrants : No. 840 $72 87 841 125 00 842 887 67 888 151 34 889 964 84 902 840 00 903 1,750 00 $4,29112. Duncan, Alpena and Sauble Moad. CoNTKACT No. 1.— Smith & Cicero, dated July 28, 1869; approved July 29,1869. Expired Dec. 1, 1869 ; extended to Sept. 1, 1870,— all paid. CoNTBACT No. 2.— P. Cicero, dated July 17, 1869 ; approved. July 29, 1869. Expired Dec. 1, 1869,— all paid, CoNTBAOT No 3.— Obed Smith, dated April 1, 1870; approved July 6, 1870. Ex- pired Sept. 1, 1870,— all paid. CoNTEACT No. 4— Obed Smith, dated June 29, 1870 ; approved July 7, 1870. Ex- pired Oct. 1, 1871,— all paid. CONTEACT No. 5.— Obed Smith, dated June 29, 1870 ; approved July T, 18T0. Ex- pired Dec. 1, 1870,— all paid. Midland, Bmghton Lake and Grand Traverse Boad. CoNTEAOT No. 4.— T. Bathay, Obed Smlthjassignee ; approved June 4, 1863. Ex- pired Dec. 1, 1869. Extended to Nov. 1, 1870. Assigned to O. Smith, Sept. 13, 1871, and extended to Nov. 1, 1872. 176 APPENDIX. OBED SMITH'S ACCOUNT.— CONTRACT NO. 8. Duncan, A. and S. Moad. 1870. Dk. Sept. 1. OyrusHcwitt Jl.OOO 00 Oct. 6. D. Preston 1,000 00 (2,000 00 O. W. HicbardBOD 560 00 isn. reb.ll. H.ii.HorBe , 168 75 May 18. D. S. Wheelock Si 25 fSept. 27. L.B.Potter 1,000 00 Oct. 26. A.Danheart 100 00 Oct. 26. D. McArthnr _ 156 00 $2,000 00 Feb. 16. B. H. Porter _ 500 00 Feb. 16. E. H. Porter _ BOO 00 $5,000 00 1870. Cr. Sept. 10. Bywarrant (620) '. $2,000 00 Nov. 2. " " (675) 2,000 00 I>«C. 9. '■ '■ (708) _ .: 580 00 " «• " " (T04). 500 00 $5,000 00 CONTRACT NO. 4. Midland, Hoaghtan Lake and II. Road. 18?1. Dr. Oct. 26. L. B. Potter _ _ _ _ *o oqq qo Oct. 10. A. Pack &Co 750 qo Not. 29. W. A. Barnard & Co lOOO 00 1869. Nov. 26. Heary R. Morse 286 79 ■Dec. 10. W. A. BuUcr & Co gjl ji $1,250 00 1871. Cr. Oct. 26. By warrant (860) $2 000 00 Dec. 7. " " (888) ;_";; 3019^ " '• " " <889) 1,964 84 ■' ''«• " " (9«8) 1,750 00 1669. Nov. 26. •• •■ (467) l_2jjO„o APPENDIX. 177 OBED SMITH'S CONTRACT, No. 1. Duncan, Alpena and Au Sauile Eoad. Dk. 1869. Oct. 9. To paid warrant 407 $3,8D0 00 Dec. 10. " '■ SOS 1^50 00 1870. Ang. 11. " " 608 3,250 00 Sept.lO. " " 621 1,500 00 Dec. 9. " " 700 987 50 " 9. " " 701 375 00 " 9. " . " 702 662 50 1871. Oct. 2. " " 841 125 00 " 2. " ■ 842 987 50 1869. Dec. 18. To order to Wm. Jenny 500 00 May 28. " L. M. Mason 150 00 To balance 662 50 $13,100 00 Cit. 1869. Jqly 29. Byamouutof contract $11,250 00 1871. Oct. 2. Extra allowance 537 60 NoT.28. Due on warrant 841 125 00 " 28. " " 842 787 50 Mar. 4. Paid W. Jenny, warrant 700 250 00 " L. M. Mason, wan'ant 842 ISO 00 $13,100 00 By balance -. -- - $662 50 CONTRACT No. 2. Dp.. 1870. JolylS. To paid warrant No. 587 $1,600 00 Ang.n. " " No. 602 400 00 $2,000 00 1869. Not. 26. To paid by warrant No. 457 $1,250 00 Paid on contract No. 2, by mistake, and charged to contract No. 4, Sept. 30, 1871. Ck. 1869. Jnly29. By amount of contract : $2,000 00 $2,000 00 33 178 APPENDIX. 1S70. JnJy 18. Aug. 11. 1870. July C. 1870. Oct. 14. Nov. 2. 1871. Jane 8. Sept. 2. Oct. 2. Sep. 80. Deo. 27. CONTRACT NO. 8. Db. To paid warrant No. SS6. " " " " 604. $440 00 110 00 tSSO 00 Cb. By amount of contract. $550 00 CONTEACT NO. 4. Dk. To paid warrant No 642 $8,200 00 " " '• "674 2,560 00 " 773.. " 774., " 818.. " 840. To warrant 457 charged. To paid warrant No. 902. 800 00 2,560 00 640 00 64000 2,750 00 1,250 00 840 00 $15,240 00 1870 July T. 1871. Dec. 27. Cs. By amount of contract $14,400 00 By extra 840 00 1871. Not. 28. Dec. 27. Cb. By balance on warrant 840. " " 902., $15,240 00 $402 16 840 00 1870. Sep. 10. Nov. 2. Dec. 9. Dec. 9. CCNTEACT NO. 5. De. To paid warrant No. 620 $2,000 00 " " " "676 2,000 00 " " '• "708 500 00 ' 704 500 00 $5,000 00 1870. July 7. Cb. By amount of contract - $5,000 00 APPENDIX. 179 OBKD SMITH'S ACC'T.— CONTHACT NO. 8. Duncan, Alpena, cmd Au Sauile Boad. 1870. ^«- JnlyM. To Byron MatteBon m ^ H. K. Morse .".........." \ 60 " 28. " Geo. W. Fletcher 2 40 Sept.lT. ToWm. H. PHelps Nov. 2. " J.Hyan 1870, JulylS. By warrant (386). Aug. 11. " " (604)., Cb. $4:40 1 00 10 $1 10 ^60 . ■ $4 40 {440 1 10 $5 60 Dk. 18T1. June 6. To Luce & Co $1,250 00 " 24. J. A. Case 9 16 " 28. J. Eyan .' 150 00 " 28. O. Smltli 360 00 July 8. S. leavett 200 00 " 12. O. Smitli 60 00 " 14. G.N.Fletcher 850 00 " 15. Jas. McElioy SO 00 " 18. T. Luce & Co 60 00 " 21. Chas. Emerson 60 00 " 28. T. Luce & Co 50 84 $2,560 00 18T1. Cb. Junes. By warrant (774) $2,6£0 00 $2,560 00 CONTRACT No. 2. 1870. Db. Oct. 21. To E. H., Porter $1,000 00 " 7. "C.Hewitt 1,000 00 1,200 00 $8,200 00 180 APPENDIX. Cb. Oct. 14— Bywarrant (642) - 18,200 00 $3,200 00 1870. Db. Nov.14. To S. L. Carpenter $39 OT Dec. 1. " D. Preston & Co., 1,500 00 Dec. 21. " W. K.Scott 84 80 Dec. 21. " J. McArthur ' .-.- 200 00 Dec, 21, " O. Smith 100 00 Dec. 21. " A. W. Comstock -- 58 04 Jan.l2. " AlfredWatson 150 00 " 22. "J.W.Edwards 100 00 Feb. 2. "S.Doyle 50 00 Feb. 24., " F. W. Gilcbriat 150 00 Mar. 8. " D. McArthnr 50 00 May 18. " D.S. Wheelock '._ 83 59 S2.560 00 1870. Cb, Not. 2. By warrant (674) -.. $2,560 00 |2,660 00 187). Be. Jane 24. To A. Pack $800 00 1871. Cb. June 8. By warrant (778) $800 00 1871. Dk. Sept. 4. To G. A. Btttterfield $50 00 " 2. " A. E. Richardson ., 227 84 •' 2. " L. Smith 100 00 " 2. " B. Falkenbnrg 100 00 " 21. " Emil Walsh 100 00 Oct. 26. " D.McArthnr, 162 16 $640 00 1871. Ck. Sept. 2. By warrant (812) $640 00 $640 00 1871. , De. Oct. 26. ToD.McArthur $187 84 " 26. " M. W. Home 300 00 " 26. " Crazen & Davie 50 00 ' 26. " W. H. Johnssn _._ 60 00 " 20. " T. Earls lOO 00 Nov.lO. " J. D. Wallington 2 16 $640 00 APPENDIX. 181 1871. Ce. Sept. 2. Bywarrant (813) $640 00 $640 OO 18T1. jDe. Oct. 25. ToT. Bathay $1,000 00 " 9. "T. Luce & Co., 1,250 00 NOT.IO. " J. D. Willington 87 84 1871. Ce. Oct. 2. By warrant (840) $2,750 00 $2,760 00 1871. Dr. Deo. 1. O. Smith $260 00 •' 6. " J. H. Hill 79 79 1871. Cb. Dec. 29. By warrant (902) , $840 00 $840 00 [ EXHIBIT PP. ] Abba. SUBDIVISION. .2 g 8j i S EBMAEKS. ej C fl t^ 'H 02 tH M iofneX 2 81 SJ^ofseK 6 S6E SJfofne^^ 9 S6 Wj^ofswK 5 86 WJfofaeJf 20 3T NeXofnwK 10 81 Nejf of 24 86 ■EiioiseX-—'- 8 88 1^ WXofnwK 18 81 5 S>^ofneKandeX°f "^^— 1* ^1 * SeXofseX 11 81 5 NwKof 12 81 5 NeJiofnwJ^ 13 31 5 S i 40 40 120 2W 40 2 40 2 80 2 80 2 40 IE 80 1 40 3E 80 8 80 8 8478 80 SO 80 80 40 IE 1 1 1 W 8E 2W 63( 80 SO 160 40 160 40 1,828 44 BEMAEKS. Oljed Smith (Erased). " (Erased). " Erased. '■ Erased. " Erased. " Erased. Erased. ' Erased. Eiised, " Erased. Erased. Erased. Erased. Erased. Erased. Erased. Erased 24 186 APPENDIX. W. A. Barnard, Esq. : Dear Sis — Will you please reserve for me on my contract the above list of lands for a few days until my man returns from the woods. I am not entirely satisfied about them until I ^et another report. If you will do this I will make it all right for your trouble. If they are vacant and you will do as above requested, telegraph me without fail to-morrotv morning. Yours, H. C. RIPLEY. East Sagin-aw, Nov. 23, 1871. Wm. A. Barnard: I am waiting for telegraph from about lands ordered yester- day. R. C. RIPLEY. Ans. immediately. State Land Objice, | Lansing, November S3, 1870. Henry C. Ripley, East Saginaw, Mich.: The lands are Obed Smith's reservation. You have not credit to hold all of them. I am looking over Smith's account. Wm. a. BARNARD, Bep. Com. East Saginaw, 23 Nov., 1871. Wm. A. Barnard, Bep. Corner : If lands are in market furnish scrip for whatever I am short, or reject from the list, furtherest north, enough so that my credit will cover. Answer at once. H. C. RIPLEY. State Land Office, Nov. 23, 1871. Henry C. Ripley, East Saginaw, Mich. : Will reserve the amount of your credit, commencing south, and report by letter. Wm. a. BARNARD. Dep. Com. APPENDIX. 187 [exhibit be.] State Tbbasfbeb's Oppiok, I Laming, Mich., May 16, 1872. ) STATEMENT and that the said Henry Dimon is an actual resident on said land, and is in the possession and occu- pancy thereof. Witness my hand, at the township of Big Eapids, county of Mecosta, this 20th day of May, A. D. 1867. F. H. TODD, Supervisor of said ToionsMp. Piled as follows: "4854. Henry Dimon. Piled May 24, 1867." [exhibit VV.J United States Land Office, \ Detroit, January 26, 1871. I K H. PorUr, Esq.: Deak Sir, — Please reserve for Kershner & Eamsay, of this place, for a week or ten days, if vacant, the N". E. \ of the E". W. i of Sec. 35, T. 35 K, of E. 1 E. Please let me know the present status of that piece. Very respectfully, THEODOEE S. DAY. United States Land Office, ] Detroit, February 7tli, 1871. f E. H. Porter, Esq. : Dear Sib,— Enclosed you will 'find fifty dollars in scrip to pay for the N. E. i of the F. E. i of Sec. 35, T. 35 N., of range 1 E. Issue a patent to Philip Kershner and Charles S. Eam- say, and send the same to me, and obhge. Yours, etc., THEODOEE S. DAY. APPENDIX. 205 [exhibit WW.J Banking House of D. Peeston & Co. , ) Corner Woodward Ave. and Larned St., [• Detroit, Feb. 11, 1871. ) Hon. E. H. Porter, Dep. Com. S. L. O. : Dear Sir: Please locate in the name of Philip Kershner, of Detroit, the S. i of N. E. i of See. 35, T. 35 N., K. 1 E., and charge our account, and send me the patent. Yours truly, DAVID PEESTON & CO. [exhibit XX.J This agreement, made the — day of A. D. 18 — between local commissioner, upon the swamp land State road, acting as such commissioner in behalf of the State of Michigan, pursuant to the statutes of said State authorizing and providing for the construction of said road party of the first part, and as principal , and as suret — of the second part : Witnessetli) that whereas. The said commissioner has given due notice (as required by the act entitled " An act to provide for the drainage and reclamation of swamp lands by means of State roads and ditches," approved February 13th, 1859, be- ing act No. 117, of 1859, and the acts amendatory thereof) of the time and place of the letting of the contract for the work hereinafter specified ; and at the time and place specified in such notice, the contract for such work was let by said com- missioner to said principal, he being the lowest responsible bidder therefor; Now, therefore. The said parties covenant and agree as fol- lows, to wit : The parties of the second part, in consideration of the com- pensation to be made by the State of Michigan to the said principal as hereinafter provided, covenant and agree that the 306 APPENDIX. said principal, shall make, construct, and finish, in a good, sub- stantial, and workmanlike manner, on or before the day of A. D. 18 — a road, four rods wide, between the fol- lowing points, to wit : • being a part of the swamp land State road, according to the said commissioner's survey thereof, and being sections numbered as shown by such survey. The entire length of said road, so constructed, being miles, more or less. The following is a description of the land covered by the road to be constructed by said principal, viz : Prom to the land is . From to the land is The distance said road is to be constructed' over dry ground, as nearly as can be ascertained, is miles ; over wet ground, miles ; and on swamp lands and marshes, miles. The said work is to be done and completed by the said prin- cipal in accordance with the following specifications, to wit : All the timber and brush within the limits (-t rods) of the road shall be well cut down ; except that, whenever any con- tinuous half mile or more of said road shall be on sandy or gravelly soil, so open or porous that water never stands thereon, only the centre two rods need be cut out. Said road shall be thoroughly cleared and grubbed, for a width of fifteen feet on each side of the centre of the same ; and a road-bed twenty feet in width (ten feet on each side of the centre line of the road) shall be made of solid earth, high enough to be at least one foot above the level of the water at its highest stage ; and shall be rounded in the centre, with a gradual slope, for carrying the water to the ditches on either side. On each side of said road-bed, ditches shall be dug, at least five feet in width at the top, and of an average depth of at least twenty inches below the natural level of the ground, suf- ficient, in all places, to carry off the water freely from side roads : Provided, That whenever said road shall cross gravelly APPENDIX. 207 or sandy land, as described in preceding paragraph, the said road-bed shall be cleared and grubbed for the width of ten feet on each side of the centre line, as above specified, and shall be leveled to a smooth surface for the same widtli, without ditches: And provided further, That wherever said road shall cross swampy or marshy ground, with muck soil, after clearing and grubbing the ground as aforesaid, the said ditches shall be opened as aforesaid, and the earth removed therefrom, shall be thrown into the road-bed, and then leveled off ; and upon the ^ same shall be laid (crosswise of the road-bed) rails of sound, durable timber, not less than four by six inches, and sixteen feet in length ; or poles of sound and durable timber, not less than eight nor more than ten inches in diameter, and sixteen feet in length ; to be laid in the centre of the road-bed, and so compactly as to cover the ground, and form a good, substantial, and solid bed, which shall then be covered with sand, gravel, or other solid earth, free from muck, to the depth of at least twelve inches ; the grading to be in all cases of sufficient height to form a dry road-bed. No timber shall be left within two feet of the outside of the ditches on either side of said road-bed. There shall be all necessary culverts or sluices constructed, of sizes sufficient, in width and depth, to carry off the surface water freely, not less than eighteen feet in length, with sides of sound and durable flatted timber, and covered with sound pine or oak plank, or flatted timber, not less than three inches in thickness, placed on strong and substantial bearings, to sustain the same. They shall be placed at such points as may be necessary to carry off the water freely from said road, and as said commissioner shall direct. The specific dimensions of said sluices shall be as follows : : Ample lateral ditches shall be constructed wherever the same shall be necessary to carry the water away from said road, and at such points, and of such dimensions, as said commissioner shall direct. 208 APPENDIX. « In the construction of the road, the grubbing shall be kept in advance of the ditches and grading, at least eighty rods. The grade of the road-bed, in ascending or descending, shall not exceed one foot in fifteen feet. The work of constructing said road shall be commenced by said principal at such point, and prosecuted on such sections of two consecutive miles each, as the Board of Swamp Land State Eoad Commissioners of said State shall direct. There shall be bridge constructed, of the size and dimensions, and according to the plans and specifications hereto annexed, over All the materials necessary for the construction of said road, and the sluices and bridges, are to be good, and suitable for the purpose, and furnished by said principal. All of the work aforesaid is to be well done, to the satisfac- tion and acceptance of the said local commissioner, and of the Board of Swamp Land State Road Commissioners of this State, and to be approved by the State Board of Control. And the said party of the first part covenants and agrees that, upon the full completion of the work aforesaid, at the time and in the manner above specified, and the acceptance thereof, he ivill ofiScially certify such acceptance to the Board of Swamp Land State Eoad Commissioners. And that, upon the certificate of said Board of Swamp Land State Road Com- missioners, that said work has been done in accordance with the terms hereof, and the approval of stich certificate by a majority of the State Board of Control, the said principal shall receive, as a compensation in full for said work and materials furnished, the sum of $ , payable in State swamp lands, which shall be selected by the said principal, his heirs or assigns, from any unsold swamp lands which may be in market in the Lower Peninsula of the State of Michigan, and appli- cable to the construction of said road, at the minimum price established by law at the time of such selection, and according APPENDIX. 309 to the provisions of the statute in such case made and provid- ed, and the rules and regulations of the Commissioner of the State Land Office ; and patents shall be issued by the State for said lands, according to the laws thereto applicable. And the said parties of the second part agree to be bound by all the provisions of the act first above msntioned, and the acts amendatory thereof, and the act providing for the appoint- ment of the Board of Swamp Land State Eoad Commissioners, as well as by all the conditions of this contract. The following, from section three of said first named act, is also hereby made a part of this contract : " The Governor, Secretary of State, Auditor General, State Treasurer, Attorney General, and Commissioner of the State Land Ofiiee shall constitute a Board of Control, and shall have power and it shall be their duty, whenever, in their judg- ment, the public interest shall require it, to suspend the sur- veys and operations on any of said roads, or that of any roads to be hereafter constructed under the provisions of this act, and to direct re-surveys, with the view to the selection of more fit and convenient localities for the road ; and to direct, from time to time, what work shall be commenced, suspended, or discontinued; and to extend the time for completing the work on any contract; and to correct all errors in contracts, whether of description or otherwise, and to allow interest on the unpaid amount of any existing contract for the payment of money, from and after the completion and acceptance of the work stipulated to be done in said contract; and this provision shall be embodied in every contract under this act." And the following. Sec. 14 of Act 177, Session Laws of 1871, is also made a part of this contract, viz: "Every contract made by said Board of Commissioners shall contain a provi- sion, that no deficiency of swamp lands shall be so construed as to create any lien, or establish any claim against the State, except as to the lands above appropriated." 27 310 APPENDIX. It is also understood that this contract is subject to the approTal of the said Board of Swamp Land State Koad Com- missioners, and shall only take effect upon such approval. And it is further agreed and stipulated that if the said shall, from any cause, fail or neglect to complete and finish said road at the time and in the manner provided in this contract, that the said State Board of Control shall have the right to declare this contract forfeited, and to direct the aforesaid Commissioner to re-let the construction of said road to some other responsible party; and it is also under- stood, between the parties hereto, that time shall be considered and treated as of the essence of this contract. And in case of the failure to complete said road as aforesaid, by the said , he, the said , hereby authorize the said Board of Control to cancel this contract, and also hereby relinquishes any right to compensation for work and labor and materials expended under the same. The stipulations and covenants herein contained shall apply to and bind the assignees of the said party of the second part. In witness whereof, the said parties have hereto set their hands, the day and year first above written. [L. S.] Local Commissioner. [L. S.] [L. S.] [L. S.] [L. S.] [A.] ACCEPTANCE BY LOCAL COMMISSIOlSrEK. State of Michigan, I County, j ■ , being duly sworn, de- poses and says that he is the Local Commissioner on Swamp Land State Eoad ; and that he has personally exam- ined the Job let to , as per contract No. , on the said Koad from to , being miles of APPENDIX. 211 said Eoad, and that he has found of said Job fully completed in a good, workmanlike manner; that the materials used, and all parts of the work, are in accordance with the specifications of said contract ; and that he has accepted the same, subject to the approTal of the Board of Swamp Land State Eoad Commissioners and the Board of Control. , Local Commissioner. Sworn to and subscribed before me, this day of 187—. [The filing on the back is as follows :] Koad. Contractor. Accepted 187 — . ApproTcd 187—. , Board of Gommissiomrs. Approved by Board of Control, 187 — . , Chairman. [B.] {Under Act ITT, of 18T1.] Swamp Land State Eoad Commissionek's Office, \ Lansing, Mich., , 187 — . j To the Auditor General of the State of Michigan : We hereby certify that Contractor— j on the ■- Swamp Land State Eoad, ha — fully completed miles of said Eoad, from to ^according to the specifications of Contract, numbered , and that the work has been duly accepted and approved, entitling to your Warrant for % , to be paid ia State Swamp Lands in the Lower Peninsula, according to the terms of said Contract and the laws applicable to said Eoad. Given under our Hands and Seal, at Lansing, on the day and year above written. Board of Commissioners. 213 APPENDIX. I . Eeceived of the Auditor General a Warrant upon the Treasurer of the State of Michigan, for the sum of Dollars and Cents, in full of the above. Lansing, , 187 — . [The filing on the back is as follows :] No. 1169. , Contractor. State Eoad.. Act 117, of 1859, and Amendments. Also, Section 6, Act 76, of 1867. $ . Approved by Board of Control, , 187—. ; Chairman. [c] SWAMP LAND ■VVAEEANT. [Land 'WaiTaiit— Third SevieB.] No. 1169. AuDiToE Gen-ebal's Office, ) . Lansing, r, 18 — . j Treasurer of the State of Michigan : Pay to or Bearer, Dollars, in Swamp Land, in the ^, per Act No. 117, 1859, and amendments, and Section 6, Act 76, 1867, on the State- Road. $ . Auditor General of the State of Michigan. [D.] • SWAMP LAKD WARRANT, THIRD SERIES. No. 1169. To .. Act 117. 1859, and Amend- ments, and Section 6, Act 76, 1867. State Eoad. Lansing, , 18 — . $ . [E.J No. 1169. State Treasurer's Office, $ . Lansing, Mich., , 18 — . Eeceived of the sum of Dollars, for Swamp Land in the on contract No. State Eoad. Treasurer of the State of Michigan. [Countersigned :] Auditor General of the State of MicMaan. APPENDIX. 313 Date. Cep.tii'. NAME. ACBES, DOLLABB. [exhibit tt.] State of Michigan, Auditor Gbneeal's Office, ) Lansing, May 2, 1872. j Hon. Charles A. Edmonds, Commissioner of the State Land Office, Lansing, Michigan : SiE, — In reply to your communication, of this date, I have the honor to transmit herewith an abstract, giving the names, grade, and the amount paid clerks in the State Land OfiSce for each month in the year 1870, as shown by the vouchers on file in this office. Very respectfully, your obedient servant, WM. HUMPHREY, Auditor General, Michigan. PAT-BOLL OF EMPLOYES IN THE STATE LAND OFFICE, FOE THE MONTH OF JANUABT, 1870. NAMES. 1 E-i a PS . o « 1'^ Eec'd Warrants for the am'ts oppo. site our respect- ive names. Is I- 1. E. H. Porter.— Deputy Com. January. $100 00 E.H.Porter |100 00 2. H. L. Paddack.. Book.keeper. 83 33 H.L. Paddack 83 33 3. M. 0. Eoblnson Clerk. 75 00 M. 0. Eobinson.... 75 00 4. W. A. Barnard- - 75 00 W. A.Barnard 75 00 5. EliasSliafer— - 75 00 Elias Shafer..- 75 00 75 00 M B. Kent 75 00 7. T. B. Jewell 75 00 T.B.Jewell 75 00 8. C.L. Knight.... 75 00 C.L. Knight 75 00 9. Wm. Crosby 75 00 Wm. Crosby 75 00 " 42 00 E S. Porter . . 42 00 11. A. S. Stlmson..- 7 days. 20 37 A. S. Stimson 20 37 314 APPENDIX. PAT-BOLL OP EMPLOYES IN THE STATE LAND OFFICE FOB THE MONTH OF FEBETIABT, 1870. NAMES. 13 1 .1 Eec'd Warrants for the am'ts oppo- site our respect- ive names. §.■2 1. E. H. Porter.. - - Deputy Com, February. $100 00 E.H. Porter $100 00 2. H.L.Paadack.. Book-keeper. " 83 83 H. L.Paddack 88 83 3. M. 0. Eobineon. Clerk. li 75 00 M. O.Eohinson 75 00 4. T. B. Jewell.... " " 75 00 T. B. Jewell 75 00 5. M.B.Kent 6. William Crosby . ,1 I, 75 00 M.B.Kent 75 00 " (. 75 00 William Crosby 75 00 7. W. A. Barnard.. " " 75 00 W. A. Barnard 75 00 8. C. L. Knight.... " ^^ 75 00 C.L. Knight 75 00 ,1 li^i days. February. 42 00 42 00 10. EliaBShafer " 42 00 PAY-BOLL OF EMPLOYES IN THE STATE LAND OFFICE, FOB THE MONTH OF MABCH, 1870. NAMES. 1. E. H. Porter 2. H. L. Paddack.. 3. W. A. Barnard.. 4. M. O. Bobinson. 5. C. L. Knight—. 6. EliasShafer 7. William Crosby. 8. T. B. Jewell.... 9. M. B. Kent 10. E. S.Porter O Deputy Com, Book-keeper. Clerk. March. Feb. & Mar. March. 14>i days. o d f $100 00 83 38 T5 00 75 00 75 00 150 00 75 00 75 00 75 00 42 00 Eec'd Warrants for the am'ts oppo- site our respect- ive names. E. H. Porter H. L. Paddack W. A.Barnard M. O, Bobinson C.L. Knight Elias Shafer William Crosby T, B, Jewell M,B, Kent E. S. Porter S3 I" $100 00 83 83 75 00 75 00 75 00 150 00 75 00 75 00 75 00 42 00 APPENDIX. 215 PAT-BOLL OP EMPLOYES IN THE STATE LAND OFBICE, FOE THE MONTH OF APRIL, 1870. NAMES. 4 1 Eeo'd Warrants for the am'ts oppo- site our respect- ive names. 11 1. E. H. Porter.... Deputy Com. April. $100 09 B.H.Porter $100 00 2. H. L. Paddack.. Book-keeper. '88 83 H.L. Paddack 83 38 3. H. O. Bobinson. Clerk. 75 00 M. 0. Bobinaon 75 00 4. EliasShafer..... " 75 00 Blias Shafer • 75 00 6. C.L. Knight.... " 75 00 C.L. Knight WOO 6. M. B. Kent...... ii 75 00 75 00 M. B. Kent 75 00 7. W. A. Barnard.. W. A. Barnard 76 00 8. William Crosby. " 75 00 William Crosby.... 75 00 9. T.B.Jewell i days. $100 00 83 38 75 00 75 00 75 00 75 00 75 00 75 00 75 00 42 00 E.H.Porter H. L. Paddack M. 0, Eobinson.-- T. B. Jewell C.L. Knight Blias Shafer M. B. Kent. $100 00 88 33 75 00 75 08 75 00 75 00 75 00 Wm. Crosby W. A. Barnard E. S. Porter 75 00 75 00 42 00 216 APPENDIX. PAT-ROLL OP EMPLOYES IN THE STATE LAND OPEICE, FOR THE MONTH OP JUNE, 18T0. NAMES. GJ 2 B Kec'd Warrants for . the am'ts oppo- site our respect- ive names. 4" 1. B. H. Porter Deputy Com. June. $100 00 E.H.Porter $100 00 2. H.L. Paddack.. Book-keeper. ■ 88 33 H. L.Paddack 83 83 S. M. 0. Robinson Clerk. '' 75 DO M. 0. Robinson 75 00 4. Elias Shafer. " " 75 00 Elias Shafer 75 00 5. W.A.Barnard,. " " 75 00 W. A. Barnard 75 00 6. Wm. Crosby.... " '■ 75 00 Wm. Crosby.. 75 00 T. C.L. Knight.... " tt 75 00 C. L. Knight- 75 00 8. T. B. Jewell :; U)4 days.. . 75 00 42 00 T. B. Judd 75 00 9. E. S. Porter E. S. Porter 42 00 10. A. S. Slimson... " 27 to 80 inc. 11 64 U. M.B.Kent. u June. 75 00 PAY-ROLL OP EMPLOYES IN THE STATE LAND OFFICE, FOE THE MONTH OP JULY, 1870. NAME. 6 c5 1 . Rec'd Warrants for the am'ts oppo- site our respect- iye names. li 1. E.H.Porter.... Deputy Com. July. $100 00 E. H. Porter $100 00 2. H. L.Paddack.. Book-keeper. " 83 88 H. L. Paddack 83 83 3. M. 0. Robinson. Clerk. " 75 00 M.O.Robinson 75 00 4. William Crosby. (I 75 00 William Crosby .... 75 00 6. M.B.Kent June & July July. 160 00 75 00 M. B. Kent . 150 00 6. C. L. Knight.... C.L. Knight 75 00 7. W. A. Barnard.. i( 75 00 W. A. Barnard 75 00 8. A. S. Stimson .. June 27 to July 12 42 99 A. S. Stimson 42 99 9. E. S. Porter July. 42 99 E. S.Porter 42 99 10. T. B. Jewell 1 to 12 inc. 29 08 T. B. Jewell 29 03 11. Elias Shafer 13i