ing proviso: "That the proceeds of said lands, whether from sale or direct appropriation in kind, shall be applied exclusively, as far as necessary, to the purpose of reclaiming said lands by means of levees and drains." A considerable portion of the lands are comparatively dry, and clearing off the timber from them in the ordinary way of clearing timbered lands will sufficiently reclaim them;-some of the lands of this character' are as valuable as the Government lands in their vicinity, but doubtless the greater portion of the lands granted are really "wet and unfit for cultivation," and require draining to reclaim them. The Legislature in 1851, enacted a law providing for the sale of the Swamp lands, and that “all money received from the sale of said lands shall be and remain a fund for the purpose of reclaiming said lands in conformity to the provisions of the grant." 142,933 9-100ths acres, have been sold by the Commissioner of the State Land Office for the aggregate sum of $113,212.49, and Patents for a portion of the lands so sold have been issued. It is doubtless the duty of the Legislature to appropriate the proceeds of these lands as far as necessary to the purpose of reclaiming them; but to undertake a general system in detail of draining the lands, I am very fearful, would result in squandering a large portion of this great fund. The time required to determine how far it would be necessary to drain each tract would be years, and the expense enormous. Almost every county and town, where any of these lands are situated, would be jealous that it would not obtain its portion of the fund. In many instances, small tracts of from 160 down to 40 acres are situated miles from others of the grant, and it would require perhaps ten times their value to drain them. A general system of drainage in detail, would require a large number of commissioners, or persons in different portions of the State, to have charge of the work, and I think it cannot be denied, that in many instances, were the Legislature to take every reasonable precaution in enacting such a system, the proceeds of the lands would be used as a corruption fund to advance personal pecuniary or political interests.

It is doubtless within the province of the Legislature to determine how far it is necessary to drain these lands, or what amount shall be set apart for that purpose. I therefore recommend an amendment of the present law, so as to provide that these lands shall be sold subject to drainage by the purchaser, if it shall be deemed by the Legislature

that this would be a sufficient compliance with the conditions of the grant. If the price of the lands shall not be fixed too high, there can be no doubt that many and large tracts, would be purchased and drained within a short time. If it should be deemed that this would not be a "sufficient compliance with the conditions of the grant, I then think it would be policy for the Legislature to exercise its prerogative, and determine what amount will be "necessary" to comply with the conditions of the grant,-set it apart for that purpose, and appropriate the balance, either to the purpose of extinguishing the State indebtedness, or to the educational fund, or a portion to each. Then a separate act may at this session, or hereafter, be passed, to provide for the expenditure of the amount set apart for drainage. If this course shall be thought best, I think a large sum would not be necessary to be set apart for this purpose, for then, doubtless, most of the lands would be purchased with a view to their reclamation by the purchaser at his own expense.

It has been thought that the minimum price, fixed under the existing law, at seventy-five cents per acre, was too low; but since the passage of the Graduation Act by Congress, it is thought the price is quite high enough. It is probably true, that a few of these lands may be selected that would be worth more than that price, but by far the greater portion will not be worth half that price, taken subject to drainage, during the present generation. To fix the price of all these lands so high as to obtain the full value of a comparatively few lots, would vent the sale of large tracts of wet marsh and swamp land, which at a lower price would be purchased for the purpose of drainage, and I belive would be very impolitic.

pre

By reason of a disagreement of the Judges of the Supreme Court, upon the question of the constitutionality of the "Act prohibiting the manufacture of intoxicating beverages, and the traffic therein," it has generally been considered that the Act could not be enforced. The question of the propriety, as well as of the power, of the Legislature to prohibit the manufacture and sale of spirituous liquors to be used as a beverage, is one upon which people sincerely disagree. The chief object of human government, is to protect man in the enjoyment of life, of his property, and his natural rights; hence, it is claimed by many that as it is a natural right of man to make and sell spirituous liquor to use

as he pleases, it is a usurpation on the part of the Legislature to pro'hibit the exercise of that right. On the other hand, it is claimed, that the use of intoxicating liquor, as a beverage, is not essential to the health and happiness of man, and that its manufacture, sale and free use, render property unsafe, produce insanity and madness, occasion. murder, and the destruction of man's natural rights; and that, therefore, they should be prohibited, as necessary to the accomplishment of the chief end of human government.

It can scarcely be denied, that the free use of intoxicating liquors occasions more crime, poverty and misery in the land than any one thing. There is, however, an honest difference of opinion among our people as to the policy of stringent laws to prohibit their manufacture and sale. Under our government, if laws are strictly enforced, it is by the power of public opinion; hence, a law upon our statute book, which for its stringency the people will not sustain, but rather use every effort to bring into disrepute and oppose, is worse than no law. It is generally considered that spirituous liquors are essential for mechanical and medicinal purposes. The Constitution provides, "that the Legislature shall not pass any act authorizing the grant of license for the sale of ardent spirits, or other intoxicating liquors." It is, therefore, doubted by many, that the Legislature can, constitutionally, by an act, prohibit their manufacture and sale by some, and provide for it by others.. In view of the Constitution, and the present state of things relating to this question, I recommend a repeal of the law of 1853, and all laws on the subject, and the passage of an act prohibiting entirely the sale of sprituous liquors in a less quantity than one or more gallons, and that not to be drank in or about the place of sale, and all to be carried away at one time; and also prohibiting the sale or gift as a beverage. to any person of known intemperate habits.

There can, I think, be no sound objection, to the constitutionality of such a law, and it is believed it can be sustained.

It would shut up all that class of inns and shops, which draw together the liquor-loving, the drunkard, the lawless, and the vagabond, and are the most disgraceful, and produce the most crime and misery.

I respectfully refer you to the elaborate report of the Board of Trus tees of the Michigan Asylums, for a detailed statement of the situation and operations of those Institutions, and to the recommendations of the

Board, contained in their report. The Board have adopted plans for the buildings, which will be submitted to your body, and have expended the amount appropriated in 1853, for their erection. The Board hired a building at Flint, for the purpose, and organized in January last the institution for the education of the Deaf and Dumb and the Blind, under the superintendence of Rev. B. M. Fay, as Principal. Nineteen deaf mutes and two blind, have received the care of the State, and the Board say, the number is likely to increase rapidly. One of the wings only, of this Asylum building has been commenced, which is designed for temporary necessity, until the whole shall be completed. The amount estimated to complete this wing, is $18,000, and the Board ask an immediate appropriation of that sum, to enable them to complete it by November next, when the lease of the premises now occupied will expire. The estimated cost of the whole building when completed, is one hundred thousand dollars. The site for the building is finely situated, adjoining the pleasant and thriving village of Flint, and embraces about 33 acres of land, watered by a beautiful and durable

stream.

The site of the Asylum for the Insane is about one mile from Kalamazoo, and sufficiently elevated to bring in view therefrom that beautiful village, and to overlook the surrounding country. It embraces about 167 acres of land, most of which is finely timbered with the original growth of oak, hickory and other varieties; and through the tract flows a small but rapid stream of pure water-and the Board ex· press the opinion, that "few Institutions in the United States, which have been selected for similar purposes, equal this in natural beauty and advantage." The estimated cost of this building when completed, is two hundred thousand dollars. The Board estimate the number of the insane in this State to be not less than five hundred, and that the greater part of these are proper subjects of State care. They are of the opinion that not more than three hundred can be best accommodated at one Institution, and that therefore, were this Asylum now completed, it would be inadequate to the wants of the State. The Board also express the opinion that there are important objections to the completion and occupation of one portion of this building, while the remainder is in progress; and the reasons which they assign I believe to be cogent. They recommend an appropriation of one hundred and sev

enty-five thousand dollars, for continuing and completing the Asylum for the Insane, and seventy-five thousand dollars for building and other necessary expenses of the Institution for the Deaf Mutes and the Blind.

It is not perhaps expected that these appropriations will be made to be drawn from the Treasury in one year. I recommend that the amounts asked by the Board, to continue and complete these Asylums, be appropriated, to be drawn at such times as you, in your wisdom may dictate, with a view to as early a completion of them as the condition of the treasury will warrant, The Michigan Asylums were established in 1848, when, and at subsequent periods, appropriations of twenty-five sections of salt spring lands, were made for the erection of buildings, and support of these Institutions. I believe these lands constituted the entire "Asylum Fund." They are being sold at $4 per acre-7,378 36-100th acres had been sold on the 30th day of November last, for the aggregate sum of $29,553 44.

Should all these lands be available at $4 per acre, the fund would ultimately amount to $64,000. The balance required to construct the buildings and support the Institutions, must be drawn from the General

Fund.

The affairs of the State Prison, I believe, have been well conducted with reference to economy, and the best interests of the State. The prison does not, however, yet sustain itself. The Board of Inspectors in their Report of 1853 say, "this cannot happen in the exercise of the most rigid economy until the existing contracts for the labor of the convicts expire; nor even then, unless there shall be more competition for convict labor than there has been heretofore. At the last letting of the contracts, great efforts were made to raise the price of labor, but to little purpose."

The average daily earnings of the convicts employed on contracts, have been but 32 cents a day. Since these contracts were let, labor has much advanced in price and value, while, on the other hand, the price of almost all kinds of supplies for the prison has greatly increased. At fifty cents a day, which it is thought may be obtained when the contracts shall again be let, the convict labor will quite pay the expenses of the prison.