Mr. Farnsworth and Mr. Stockton were appointed the committee. Mr. Farnsworth, from the committee appointed to wait upon the Governor of the Territory, and inform him that a quorum of the Council has assembled, and is ready to receive any communication he may think proper to make to it, reported that the committee had performed that duty, and were informed by the Governor that he would meet the Council tomorrow, at eleven o'clock, A. M. On motion of Mr. Hascall, The Council adjourned till tomorrow, at eleven o'clock, A. М. WEDNESDAY, January 8, 1834. The Council having convened, At eleven o'clock the Governor of the Territory entered the Council Chamber, and was conducted to the chair by Mr. Farnsworth and Mr. Stockton; and the credentials of the members present having been laid on the table of the secretary, the Governor administered to them the oath required by law. After which he rose and addressed the Council as follows: To the President and Members Of the Legislative Council of the Territory of Michigan : FELLOW CITIZENS: You have assembled under circumstances which should call forth our most grateful acknowledgments to the Giver of all Good. The people of this territory have been blessed in the enjoyment of health; the earth has yielded its fruits in abundance; industry in every branch of business has been crowned with success; the imigration during the past year, has equalled our most sanguine expectations; and we may look forward with exultation to the near approach of the period when we shall take rank as one of the states in the Union. Among the first duties to which your attention is invited, is that of providing for taking a census of our inhabitants. The amount of our population should be ascertained. An application for admission into the Union may be resisted in Congress for want of definite information in this particular. You come immediately from the people are familiar with their sentiments, and will doubtless adopt such measures as are calculated to advance their interests. The last Legislative Council used much industry in the revision and amendment of our Laws: and made provision for their re-publication. Some delay has occurred in the printing and preparation for delivery of the revised code. Officers of justice in different sections of the territory have consequently complained. Delay in the printing and promulgation of the laws is certainly an evil; and should be provided against. Whether to any one, and if so, to whom blame is attributable in the present instance is unknown to me. The contract was made by the Council; nothing in relation to it was entrusted to the Executive. Your immediate attention, however, to the subject is requisite. It is worthy of consideration whether, in the present situation of the work, the bind. ing of the volume as printed, should not be deferred until some necessary and indeed indispensable alterations in the laws shall have been made. By the act establishing Circuit Courts, approved April 15th, 1833, the county courts and the offices of the justices thereof, in the circuits within the Peninsula are abolished, and yet, for want of alterations in many of the old statutes, making them conform to the change in the courts, the county courts exclusively are authorized to exercise certain powers and duties. It is not perhaps necessary that I should here point out the numerous instances in which the difficulty mentioned occurs. A general provision, investing the circuit courts in the several counties of the Peninsula with all the jurisdiction, powers and duties, which have heretofore, by any act now in force, been given to the county courts as formerly organized, would, it is believed, obviate the difficulty. Some other alterations in the statutes relating to judicial proceedings, are necessary. Jurisdiction of the action of right should not be confined to the supreme court. It should be extended to the new circuit courts, in which I am gratified to find the people have the utmost confidence. Many other difficulties of minor importance can be better explained, in the free interchange of sentiment, for which I am prepared, during the session. Connected with this subject, I beg leave to refer to my last message transmitted to the Council, for my views in regard to Justices of the Peace. Their jurisdiction is, in my opinion, too extensive. Nor can I omit once more calling upon your body to make some adequate provision for the compensation of Jurors, while attending court. It is unjust to compel the attendance of persons as jurymen without allowing a sufficient compensation to subsist them while absent from home. It is much to be desired that some further provision should be made for extending the benefits of education to every portion of the community. The adoption of a proper system in the present infant state of our territory, will secure incalculable benefits, not merely to the present, but to future generations. The subject is worthy of your most deliberate consideration. The condition of the Public Roads is such as to demand our special attention. The laws with respect to their construction and repairs are defective. The advantages which would result to all from keeping them in better condition are obvious. The cost of the work would be trifling compared with the benefits to be derived. Many valuable improvements in the construction of roads, have lately been made; and a citizen of our own territory suggests one which in my opinion is worthy of a fair experiment. It is for you to determine what shall be done in the matter. As immediately connected with this subject, permit me to call your attention to the laudable exertions now making by our citizens, in different sections of the territory, to procure the aid of the General Government, in the construction of a Rail Road through the peninsula. A liberal provision has heretofore been made for works connected with the internal improvement of this territory. Is there any subject more worthy of their fostering care than the construction of this Rail Road? A large revenue is derived from the sale of the public lands within this peninsula. Nature has prepared the ground, and the small expense which would be incurred in constructing a Rail Road, would be soon reimbursed by the increased amount of sales, and the numerous other advantages that would result as well to the government as to individuals. The large tract of valuable country along the western shore of lake Michigan, and the two reservations on the St. Joseph river, ceded by the Potawatamies, in the late treaty held at Chicago, will soon come into market. These lands cannot fail to attract the attention of persons inclined to migrate thither. The advance which the government will receive on their sale, will be more than sufficient to construct a Rail Road from the Detroit river to lake Michigan. May we not, therefore, reasonably ask the Federal Governinent to construct this Road; -forming as it does, so important a link in the chain of communication between the Atlantic and the Mississippi ;-in which all the North, Northeast and Western sections of the Union are so deeply interested? It is suggested for consideration, whether this, with many other subjects already presented to the attention of congress, would not receive additional weight by your especial recommendation, as the representatives of the people of this territory. Among these is the improvement of the navigation of the St. Joseph, Kalamazoo, and Grand Rivers; the construction of harbors at their mouths; -the removal of the bar and construction of a pier at the mouth of Clinton River; the improvement of the navigation through the flats at the mouth of St. Clair River; -at the junction of Fox River with Green Bay; and of the Fox River above and below Lake Winnebago. A small appropriation of the public money for removing the obstructions to the navigation of the Fox River, would save to the government, in the transportation of provisions and military stores, which are annually carried along it, a very considerable expenditure :---added to this, the valuable section of country, lately ceded by the Menominee Indians, is about to be surveyed and put in market; and the safe and easy navigation of this stream will add to the many other inducements which individuals will have to settle in this part of the territory. It is believed that no more propitious period in the history of our country has occurred for presenting these subjects to the consideration of congress. By the wise and prudent administration of the general government, the national debt is nearly extinguished; the difficulties, which, a twelve month since, were likely to disturb the harmony and tranquility of the Union, have been adjusted; and the importance of preserving our present admirable form of government is admitted by all. I conclusion, permit me to assure you that in the discharge of your duties, you may expect my hearty co-operation in all measures having a tendency to public good, and to advance the prosperity of the people. G. B. PORTER. Detroit, January 8, 1834. On motion of Mr. Farnsworth, one thousand copies of the speech of the Governor were ordered to be printed in the English language for the use of the Council. On motion of Mr. Durocher, one hundred and fifty copies of the same were ordered to be printed in the French language. On motion of Mr. Stockton, a committee of three members was appointed to prepare rules for the government of the Council. Mr. Stockton, Mr. Durocher, Mr. Renwick were appointed the committee. On motion of Mr. Farnsworth, Mr. Moran, a member from the first district, composed of the county of Wayne, presented a certificate from the Governor of the Territory, that he had this day taken the oath of office before him. Mr. Stockton, from the committee appointed to prepare rules for the government of the Council, made a report; which being read, On motion of Mr. Doty, the report was laid on the table, and fifty copies ordered to be be printed. On motion of Mr. Durocher, Resolved, That the Secretary of the Territory be directed to furnish, for the use of the library, fifty copies of the revised laws, and fifty copies of the private and incorporation acts. On motion of Mr. Hascall, Resolved, That each member of the Council be at liberty to order any number of newspapers not exceeding twelve. Mr. Durocher moved that the Council adjourn to eleven o'clock tomorrow morning. Mr. Martin moved to amend the motion, so that when the Council adjourned, it should adjourn to Monday morning, eleven o'clock. The Council having rejected the motion to amend, the original motion was put and adopted; And the Council adjourned till tomorrow morning eleven o'clock. FRIDAY, January 10, 1834. Mr. Stockton presented a petition from sundry inhabitants of township number two north, range twelve east, in the county of Macomb, praying that the said township may be separated from township three, to which it is at present attached; and that it may be incorporated into a town by the name of Bloomfield, with the powers, liberties and immunities provided by the statute in such cases. The petition was laid on the table. On motion of Mr. Moran, Resolved, That the President of the Council be requested to invite the clergymen of this city, to attend at the opening of the Council, each week, alternately, during the present session. On motion of Mr. Hascall, the Council adjourned to Monday, ten o'clock, A. Μ. MONDAY, January 13, 1834. Calvin Britain, from the district composed of the counties of Cass, St. Joseph, Brown and Kalamazoo, and the country attached thereto, appeared, produced his credentials, and took his seat as the member of the Legislative Council for the sixth district. Mr. Britain also presented a certificate from the Governor, that he had this day been sworn before him, according to law, as a member of the present Legislative Council of Michigan. Mr. Farnsworth laid on the table a petition from the inhabitants of the south township of Plymouth, in Wayne county, praying for the organization of a new township by the name of Canton, bounded and described as number two south of range eight east. On motion of Mr. Britain, the Council proceeded to the consideration of the report of the committee appointed to prepare rules for the government of the Council. On motion of Mr. Millington, the first rule was amended so as to limit the term of service of the President of the Legislative Council to one session, and to authorize the Council, in the absence of the president, to appoint a president pro tempore. On motion of Mr. Hascall, the twenty-eighth rule was amended so as to authorize the appointment of " a messenger and assistant messenger." On motion of Mr. Martin, the report of the committee, as amended, was adopted, as follows: I. The Legislative Council shall choose by ballot one of their own number to occupy the chair. He shall be styled President of the Legislative Council. He shall hold his office during one session of the Council. He shall take the Chair at the hour to which the Council is adjourned, and call the members to order; and, if a quorum be present, he shall direct the minutes of the preceding day to be read, and mistakes, if any, corrected. He shall preserve order and decorum, and shall decide questions of order, subject to an appeal to the Council. In committee of the whole he shall call some member to the chair, and may debate any question before the committee; but such substitution shall not extend beyond an adjournment. He shall, unless otherwise directed by the Council, appoint all committees. He shall vote on a call of the yeas and nays. In the absence of the President the Council shall appoint a president pro tem. II. Any member may have a call of the Council, and have absent members sent for. III. All questions shall be put in this form: "You who are of the opinion (as the case may be) say, Aye." "Those of the contrary opinion, say No;" and in doubtful cases any member may call for a division. |