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Mr. Lawrence moved that the bill be amended by striking out all of the first line after the word "that," in the 12th section thereof; and the motion was agreed to.
Mr. Drake moved that the bill do now pass; and the question on the passage of the bill was decided in the affirmative.
So the bill passed.
A message on Executive business was received by the hands of Mr. E. A. Brush.
The "bill to prevent Justices of the Peace from keeping taverns, and for other purposes," was taken up as in committee of the whole. On motion of Mr. Drake, the blanks in the 2d section of the bill were filled so as to read, "the second Monday of November ;" and the words," in the county of Oakland," were inserted after the word "inn," in the 2d line of said section.
Mr. Lawrence then moved that the second section of the bill bo amended so as to read as follows:
"SEC. 2. That from and after the second Monday of November next, no person who is a Justice of the Peace shall be licensed to keep a tavern, nor shall any license of any person who is a Justice of the Peace, be renewed while holding such office."
And the motion was agreed to, by the following vote, the ayes and nays having been required by Mr. M'Donell :
Ayes-Messrs. Drake, Durocher, Lawrence, Noble, Rumsey, Schoolcraft-6.
Nays-Messrs. Brown, Connor, Edwards, M'Donell-4.
On motion of Mr. M'Donell, the bill was further amended, by adding, at the close of the second section, the following, viz: “ Pro vided, That this section shall not apply to the county of Wayne."
On motion of Mr. Schoolcraft, the words, "and grocery," were inserted after the word "bar-room," in the 3d line of the 1st section.
On motion of Mr. M'Donell, the words, " or tavern-house," were stricken out, at the close of the 1st section of the bill.
The bill was then reported to the Council as amended, and, On motion of Mr. Drake, the bill was read the third time, and passed.
On motion of Mr. Drake, the Council went into the consideration of Executive business; and having disposed of the same,
Mr. Rumsey moved that the Council do now adjourn until Mons day next; and Mr. M'Donell requiring the ayes and nays on the motion, they were taken as follows:
Ayes-Messrs. Connor, Durocher, Lawrence, Noble, Rumsey,
Nays-Messrs. Brown, Drake, Edwards, M'Donell-4.
MONDAY, June 30, 1828..
Prayer by the Rev. Mr. Cadle.
A message by Mr. Brush:
Mr. President-The Governor has this day approved and signed an act to set off and organise the township of Panama, in the county of Washtenaw," an act to amend an act, entitled "an act to provide for the appointment, and to regulate the duties of District Attorneys,"" an act to revive and continue in force an act, entitled << an act concerning appeals and writs of error, certiorari and habeas corpus," an act to prevent private Lotteries," " an act in addition to and amending an act, entitled "an act for the relief of Insolvent Debtors," "an act amendatory to certain acts relative to the duties and privileges of townships, and for other purposes," "an act to prevent the vacation of offices in certain cases," and " an act concerning the Supreme Court of the Territory of Michigan."
The President presented the account of James Abbott, PostMaster, for postage on letters and papers, addressed to the Legisla tive Council. Referred to the committee on Expenditures.
Mr. Noble presented the memorial of sundry citizens of Detroit, remonstrating against the provisions contained in a certain bill now before the Council, providing for the alteration of the charter of that City. Read and referred to the select committee, to whom was yesterday referred the memorial of the Mayor and Aldermen, upon the same subject.
Mr. M'Donell presented the claim of Peter W. Knaggs, for serving subpoenas, for persons to appear before the grand jury of Wayne connty. Referred to the committee on Claims.
Mr. Irwin presented the claim of D'Garmo Jones for wood, and of Ch. C. P. Hunt for stationery, furnished the second Legislative Council. Referred to the committee on Expenditures.
Mr. Schoolcraft, from the committee on Expenditures, reported, "A bill making certain appropriations, to be paid out of the contingent fund of the Legislative Council for the year eighteen hundred and twenty-eight;" which received a first and second reading, and was laid on the table.
Mr. M'Donell, from the committee on Territorial Affairs, to whom were referred the petitions of the inhabitants of the county of Lenawe, relative to the removal of the site for the Court-House from the village of Tecumseh, made the following report, which was laid on the table:
The committee on Territorial Affairs, to whom was referred the petition of Joseph Pratt, and others, inhabitants of the county of Lenawe, praying for a removal of the seat of justice in said county to the village of Adrian, near the geographical centre of said coun y; and also the remonstrance of S. A. Holbrook, and others, reme
strating against the removal of the said seat of justice, have had the subject under consideration, and beg leave to report :
From the documents and evidence introduced before your com mittee, it appears, that in the spring of the year 1824, the Governor of this Territory, at the request of Messrs. Evans, Brown, and Wing, appointed five citizens, inhabitants of the county of Monroe, to explore the county of Lenawe, and select the position most proper, under all circumstances, upon lands owned by individuals, and not upon lands owned by Government, for the seat of justice of the County of Lenawe, and to receive donations from the persons, or whose lands the seat of justice should be located, towards the commencement and completion of the necessary public buildings for the said county seat. At that time but a single purchase had been made of the United States, by individuals in the county; and that purchase was the northwest quarter of section No. 34, township No. 5 south, range 4 east of the base line-the township being on the northern border of the county. The individuals appointed as afore said, to locate the seat of justice for said county, reported unanimously in favor of locating the same upon said purchase, upon the condition that the said Evans, Brown, and Wing, should build, at their own expense, a bridge for the accommodation of the inhabitants, across the Rivuer Aux Raisin; and should become, obligated to furnish six hundred dollars, in materials and money, towards the erection of the public buildings, when they should be called upon for that purpose, by the proper authority of the county. On the 30th day of June, 1824, the first Legislative Council of the Terri tory of Michigan passed an act to establish the seat of justice in the county of Lenawe, on the northwest quarter of section number thirty-four, in township five south, range four east, in said county, on lauds owned by Messrs. Evans, Brown, and Wing. The inha bitants of said county are nearly equally divided on the question of removing the county seat. If the seat of justice had not been established, your committee would not hesitate, from the facts appearing before them, to recommend that it should be established at Adrian, or some other place, near the geographical centre of the county, and more convenient for the inhabitants living at the extreme settlements of the county. Your committee would recommend to the Council, to abandon the policy and practice of establishing the seat of justice in any new county, (except for a temporary purpose) until the progress of settlements and improvements, shall point out and indicate the proper place to establish the seat of justice, for the convenience of the inhabitants.
Your committee submit to the consideration of the Council, the manifest impropriety of requiring donations from individuals, on whose lands, in any county, the seat of justice may be established, as a condition for establishing the same on any such lands. Your committee are of the opinion, that it is not competent for the Executive or Legislative authority of this Territory, to mako any bargain
or contract, to establish the seat of justice, in any county, which shall preclude or hinder any future Legislature from removing the same, when the manifest interest and convenience of the inhabitants of
such county shall require such a measure. After these remarks, occasioned by the discussion of the subject before your committee, it is recommended, first, inasmuch as the inhabitants of the county are nearly equally divided on the question of removing the seat of justice of the county of Lenawe, that it is inexpedient, at this time, to remove the seat of justice from Tecumseh; secondly, the committee recommend the adoption of the following resolution :
Resolved, by the Legislative Council of the Territory of Michi gan, That Musgrove Evans, Joseph W. Brown, and Austin E. Wing, are hereby exonerated and discharged from any contract obligation, or provision, made in the year 1824, to furnish materi als and money towards the erection of a Court-House and Jail in the county of Lenawe,
Mr. Drake, from the committee on the Judiciary, reported,
"A bill to amend an act, entitled “an act concerning judgments and executions," which was read the first and second times, and Jaid on the table.
Mr. Durocher, from the committee on Claims, made the follow ing report, which was laid on the table:
The committee on Claims, to whom was referred the petition of James M'Closkey, asking for compensation for certain duties, performed by him as Quarter-Master-General of the Michigan Militia, beg leave to report :
That the services performed by the petitioner were such as pro perly devolved upon him in consequence of his official station; that they involved no responsibility, and very little labor or trouble; and that there is in existence no law authorising compensation for them.
The committee are of opinion, that any officer of the militia has an equal right with the petitioner to claim remuneration for services or duties which devolve upon him-a claim which is novel and not warranted by law.
The committee therefore ask to be discharged from the further consideration of said petition.
Mr. Irwin, from the committee of Claims, made a report adverse to the claim of Robert Abbott, for remuneration for certain writings also, a report adverse to the claim of Elisha Warner, for services as Constable, attending the Circuit Court for the county of Michilimackinac, in 1825; and moved that said committee be discharged from the further consideration of said claims. The motion was agreed to.
The engrossed "bill to authorise and enable the Superintendant appointed by the President of the United States, to remove all ode
structions upon, and to complete the United States' Road leading
from the City of Detroit to the foot of the Rapids of the Miami of Lake Erie," was taken up and read a third time.
Mr. Drake then moved that the bill be amended by adding at the close of the first section, the following, viz :-" Provided such road comes or runs not within one mile of any bridge or bridges estab Fished over the said river or rivers by the authority of law;" and Mr. Drake requiring the ayes and nays upon the question, they
were taken as follows:
Ayes-Messrs. Drake, Irwin, Noble, Rumsey, Schoolcraft, Stock ton, Trowbridge-7.
Nays-Messrs. Brown, Connor, Durocher, Edwards, Lawrence, M'Donell-6.
And the amendment was accepted.
Mr. M'Donell moved to lay the bill upon the table; and the mo tion was decided in the negative.
Mr. Rumsey then moved that the bill be indefinitely postponed ; and the ayes and nays being required by Mr. M'Donell, they were taken as follows:
Ayes-Messrs. Drake, Irwin, Noble, Rumsey, Schoolcraft, Stockten, Trowbridge-7.
Nays-Messrs. Brown, Conner, Durocher, Edwards, Lawrence, M'Donell-6.
And the bill was indefinitely postponed.
The "bill authorising administrators de bonis non, to prosecute suits commenced by the Executor or Administrator of the estate, and for other purposes," was taken up and read a third time.
On motion of Mr. Lawrence, the bill was amended by adding & section thereto, to stand as the 6th section.
On motion of Mr. Trowbridge, the bill was further amended by adding thereto a section, to stand as the 7th section.
The bill was then laid on the table.
The "bill making certain appropriations to be paid out of the Territorial Treasury, for the year one thousand eight hundred and twenty-eight," was taken up in committee of the whole.
On motion of Mr. Stockton, the words, "and inspector," were stricken out of the 1st line of the 5th paragraph of the 1st section. On motion of Mr. Irwin, the first blank in the 10th paragraph of said section was filled so as to read, "the seventh day of August, 1827."
On motion of Mr. Drake, the 2d blank in said paragraph was filled by inserting the words, " forty-four dollars each."
On motion of Mr. M'Donell, a paragraph was added to the first section, to stand as the 16th paragra graph.
On motion of Mr. Irwin, three paragraphs, to stand as the 19th, 20th, and 21st paragraphs of said section, were added to the bill. On motion of My Noble, the blank in the 21s paragraph of sid section, was filled by inserting the word "twenty ;" and the aves