1829 Sept. 8, 1829 From Journal of the Legislative Council, pp. 4-6. Fellow-Citizens of the Legislative Council: I have heretofore communicated to the Legislative Council such subjects for their consideration, as the public interest appeared to me from time to time, to require. I am not aware that any change has occurred in the condition of the Territory, or any important defects been discovered in the operation of the present system of laws, since the last session of the Council, which makes it necessary for me to renew, or add to, the subjects formerly communicated to you. Being well satisfied, that the stability of the laws is essential to the security of private rights, and to the due administration of justice, I doubt the expediency of legislative interposition on every occasion, where evils may, or may be supposed to exist. Too much legislation must impair the obligation of the laws, by impairing that respect for them, which, in a free country, constitutes the best security for their observance, as well as the most efficient agent in the punishment of their infractions. The progress. of improvement and settlement in our new country will occasionally render necessary, the passage of laws, some of them local in their operation, and others, temporary in their duration. And the greatest caution cannot at all times, prevent the admission of inexpedient and conflicting provisions, in a system of laws which embraces most of the complicated relations of life. Coming, as you do, from every part of the Territory, and bringing with you the public sentiment upon these and other topics, you will be enabled to discover such evils as may exist, and to apply the proper remedy. The relations subsisting between a Territory and the United States, while they lessen the burden upon the community, circumscribe the sphere of Executive recommendation, and of legislative duties. Some of the most important objects of general legislation are either withdrawn from the local legislature, or met by appropriations from the Treasury of the United States. Under these circumstances, and with the conviction already expressed, of the inexpediency of disturbing our present system, it is unnecessary for me to submit for your consideration, a great variety of objects, or to exhibit a view of the gen eral situation of the Territory. That situation is as prosperous, as perhaps any portion of the Union, and its general progress in all the elements of improvement will soon bring before our fellow citizens, the question of a change, from a colonial, to an independent condition. A bill was introduced into the House of Representatives, and passed that body at the last session of Congress, providing for the establishment of a new Territory, west of Lake Michigan, and leaving to the Territory of Michigan, the boundaries fixed by the Act originally organising it. This bill did not pass the Senate, but it is probable the subject may be more successfully prosecuted at the next session of Congress. The opinion of the Legislative Council in favor of this measure has been expressed in their memorial to Congress, and I am not aware that it can injuriously affect our interests. The district of country where the new Territory is proposed to be established, is too extensive, and too remote from the Peninsula of Michigan, to form with it, a constituent and permanent part of the same government. The country upon the St. Joseph, has been offered for sale since your last session, and the result has justified the anticipations of those best acquainted with its climate, soil, and other natural advantages. The influx of population there has been great, and in fact, the migration to the Peninsula generally, during the present season, has exceeded our annual increase from that source, for some years. The whole country has enjoyed uninterrupted health, and has been blessed with an abundant harvest. It is difficult to form an estimate, with any accuracy, of the present amount of the population of the Territory. From the sale of the public lands, the progress and increase of the settlements and improvements, and the number of emigrants who arrive among us, it is evident that our numbers have greatly increased, since the last enumeration. As our right of admission into the Union depends upon the amount of our population, it appears to me expedient to provide by law, for taking a census of the inhabitants, that our fellow citizens may be enabled to judge at what time application shall be made to Congress for that purpose. I shall be much deceived, if such a census does not exhibit a result, which will necessarily bring before the people the consideration of this important question. It is a subject upon which, perhaps, it does not become the Legislative and Executive departments of the Territorial governments, to express an opinion. But it is important that the facts, necessary to a just determination of it, should be at all times before the community; and with this view, I recommend that provision be made for a census. Should the result of this measure correspond with the anticipations herein expressed, it will then be in the power of the people to apply to the general government for admission into the Union, under the laws which have guaranteed to us that high privilege. I need not advert to the considerations which render such a change desirable. They will be felt and appreciated by the citizens of the Territory. I have only to add, that I shall cheerfully co-operate with you, in the accomplishment of all measures, calculated to promote the interests committed to our charge. LEW. CASS. Oct. 21, 1829. From Journal of the Legislative Council, pp. 81-82. To the Legislative Council I return without my signature, the bill to set off and organise the townships of Lima and Richland, in the county of Wayne. The act of April 12, 1827, concerning town plats, prohibits the incorporation of any township under any name contained in the general list of Post-Offices of the United States. On examining that list, I find one post-office with the name of Lima, and four postoffices with the name of Richland. It appears to me improper, while this act is in force, that names should be affixed to townships contrary to its provisions. LEW. CASS. Oct. 28, 1829. From Journal of the Legislative Council, p. 96. To the Legislative Council: At the last session of Congress an act was passed, extending to the citizens of Florida and Arkansas the privilege of electing almost all the officers, holding their offices under the Territorial laws, and authorising the local Legislature to appoint the few, not rendered eligible by the people. I see no reason why the principles of this act should not be extended to this Territory, and I submit for your consideration the expediency of an application to Congress for that purpose. I believe it will be found, that appointments thus made will be more satisfactory than when they are made upon the nomination of a single individual. The people in their respective counties are better acquainted with the qualifications of candidates for the offices of Sheriffs, Clerks, Justices of the Peace, and for other county offices, than any Executive magistrate can be, and more competent to determine upon them. This measure would give to the people a direct and proper influence in the management of their affairs. An influence, which at all times ought to be exerted in a Republican government, and which will be more fully exerted in that change of our political condition, to which we are rapidly approaching. LEW. CASS. 1830 May 12, 1830. From Journal of the Legislative Council, pp. 4-12. Fellow-Citizens of the Legislative Council: You have assembled, in the discharge of the important duties assigned to you, under circumstances favorable to the Territory, and calling for our acknowledgments to that overruling Providence, under whose blessing this heretofore remote section of the United States is becoming the abode of a civilized and religious people. Since your last session no material change has occurred in our local affairs. The progress of improvement and settlement is rapid, and promises to become more so. The prospect of migration to the Territory is highly encouraging; and the approaching season will probably witness a greater accession to our numbers, than we have received in any preceding year. As a better knowledge of the climate and other advantages of the Peninsula is spread through the United States, and as the facilities of communication with it are increased, we may look forward to an increase of wealth and numbers, not more desirable for those, who are already established in the Territory, than for those, who seek by a change of residence, a participation in the advantages, which are here offered to all. A variety of measures, interesting to the Territory, have already been acted on, or are pending before Congress. Among these, are appropriations for roads, light-houses, &c. a proposition to add another Branch to the local Legislature, and to extend the elective franchise, and several other matters of subordinate importance. From the spirit of kindness and liberality heretofore manifested towards us by the general government, we may confidently anticipate a favorable result to most of these measures. They will materially improve our condition, and add to our means and motives for exertion. In examining the geographical features of the Peninsula, and the facilities of intercourse which it possesses, as well internally as externally, the great extent of inland navigation around it and through it presents advantages of communication, rarely equalled. From the mouth of the St. Joseph, at the Southern extreme of Lake Michigan, to the mouth of the Maumee, at the Southern extreme of Lake Erie, our whole border is washed by the great Lakes, and by the straits connecting them. But there is one obvious and signal improvement, which could be made, and which no doubt eventually will be made. And that is, to unite the mouth of the St. Joseph with our eastern coast, by a canal or rail-road, as experience may establish the superiority of either, across the base of the Peninsula. The country presents no formidable obstacle to the execution of these works. It is generally level and well watered. And the summit on each side, with the exception of one small tract, is attained by a gradual and imperceptible elevation. There is probably no similar extent of country in the Union, where less labor or expense would be required, to produce so important a result. The advantages, which such a communication would afford to the fertile region upon the St. Joseph, as well as to all the Southern portion of the Peninsula, render the project worthy of your serious consideration. It is connected also with the military defence and permanent security of the frontier; for, in a state of war, the necessary intercourse between Lake Erie and the country upon the Upper Lakes could be preserved, without incurring the danger of passing under the guns of a hostile shore for many miles. In this point of view, as well as in the facilities of communication, which would be afforded to the States of Indiana and Illinois, and in the extent of navigation to be avoided, a navigation frequently hazardous, and generally more interrupted than an interior route would be this work may be considered a national one. And it cannot be doubted, but that the general government would regard it favorably, were the advantages which it offers better known. I invite your attention to the subject. By inquiry and discussion, it will be brought before the community; and should you succeed, by an application to the President, in procuring the necessary surveys and examinations, definite information would then be furnished, by which the practicability, expense and advantages of the plan might be determined. At the last session of the Legislative Council, an act was passed, requiring all Justices of the Peace to give bonds for the payment of all money collected by them, and providing, that all Justices of the Peace then in office, should give such bond on or before the first day of the succeeding January, and in default thereof should be ipso facto removed from office. In some of the counties, this law was unknown, until after the period limited for the execution of the bond. They were thus left without Justices of the Peace, greatly to the inconvenience of the people, and to the delay or neglect of justice. It appears proper, that some provision should be made for legalising the acts of officers, done under these circumstances. And I submit for your consideration, whether in all future legislation, it will not be prudent to fix such a period for the taking effect of laws, as will ensure their previous promulgation over the extensive region, embraced within the Territory. There can be no more serious evil in a government of laws, than changes in the statutes concerning rights and remedies, crimes and punishment, which must operate upon the community, before their existence can be |