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On motion of Mr. Lawrence, the bill was further amended by adding thereto two sections, to stand as the 6th and 7th.
On motion of Mr. Schoolcraft, the bill was further amended by adding thereto a section, to stand as the 8th.
The bill as amended was then reported to the Council, and the amendments having been concurred in; the bill, on motion, was ordered to be engrossed and read a third time to-morrow.
On motion of Mr. M'Donell, the resolution relative to Toll Bridges, &c. from the consideration of which the committee on the Judiciary were yesterday discharged, was referred to the committee on Territorial Affairs.
The "bill declaring certain rivers public highways, and for other purposes," was taken up in committee of the whole, and having been reported to the Council without amendment;
Mr. Stockton moved that said bill be engrossed and read a third time to-morrow; and the motion was decided in the negative.
The bill was then laid on the table.
On motion of Mr. Drake, the Council then went into the conside ration of Executive business; and having disposed of the same,
The message of the Governor of the Territory, relative to his proceedings in carrying into effect the act passed April 13, 1827, and entitled "an act to apportion the members of the Legislative Council among the several districts of the Territory," and the documents accompanying said message, were taken up and referred to the committee on Territorial Affairs.
The resolution submitted by Mr. Noble on the 19th inst. requir ing the Governor to give instructions, &c. to certain persons ap pointed Commissioners to lay out Territorial Roads, was taken up and adopted.
The "bill concerning the Supreme Court of the Territory of Michigan," was taken up in committee of the whole.
Mr. Drake moved that the bill be amended by striking out all of the first section after the enacting clause, and that the following be inserted after the word "commission," in the first line of the 24 section, viz: "of the Judges of the Supreme Court," and that "Sec. 2." at the commencement of said line be stricken out; and the mo❤ tion was agreed to.
The bill was then reported to the Council, and the amendment having been concurred in ;
On motion of Mr. Drake, said bill was then read the third time. Mr. Drake then moved that the bill do now pass; and the ayes and nays being ordered by the President, they were taken as follows:
Ayes-Messrs. Brown, Connor, Drake, Durocher, Lawrence, M'Donell, Noble-7.
Nays-Messrs. Edwards, Rumsey, Schoolcraft, Trowbridge--4. So the bill passed.
Qa motion of Mr. Drake, the Council then adjourned.
THURSDAY, June 26, 1828.
Prayer by the Rev. Mr. Wells.
The President presented the following communication from the President and Cashier of the Bank of Michigan, accompanied by a statement of the affairs of said Bank, made in conformity with a resolution of the Council.
BANK OF MICHIGAN, Detroit, June 25, 1828. SIR-In obedience to a resolution of the Hon. the Legislative Council, requiring a report of the state of this institution, we have the honor to transmit herewith an abstract, exhibiting the affairs of the Bank as they existed on the 29th ultimo. We have, for the satisfaction of the Council, made oath to the correctness of that report; but we beg leave to state to you, sir, and through you to that honorable body, that it is not competent for us, without the full concurrence of the Stockholders of the Bank, to assent to any change in the original act of incorporation under authority of which its affairs have hitherto been conducted. We have therefore omitted to pursue literally the requisitions of a late resolution of the Council prescribing the form of an oath to be taken by the officers of this Bank, and we trust that our compliance substantially with the terms of the said resolution may not be considered as a precedent for the guidance of the officers of the institution in reports hereafter to be made to your honorable body.
With great respect, sir, we have the honor to be, your most ob't serv❜ts,
E. P. HASTINGS, Pres't.
C. C. TROWBRIDGE, Cash'r. Hon. A. EDWARDS, President of the Legislative Council.
REPORT OF THE STATE OF THE BANK OF MICHIGAN, MAY 29, 1828.
We solemnly swear, that agreeably to the best of our knowledge and belief, the foregoing report is just and true, and that it exhibits an accurate account of the state of the Bank of Michigan on the 39th day of May last past.
E. P. HASTINGS, Pres't. C. C. TROWBRIDGE, Cash'r. TERRITORY OF MICHIGAN-Be it known, that before me the undersigned, one of the Judges of the Supreme Court of the Territory of Michigan, personally came Eurotas P. Hastings, President of the Bank of Michigan, and Charles C. Trowbridge, Cashier of the said Bank, and in my presence took and subscribed the foregoing oath. Given under my hand at Detroit, on the 25th day of June, one thousand eight hundred and twenty-eight.
And said communication and statement were laid on the table. Mr. Drake presented the petition of sundry inhabitants of the county of Oakland, praying that provision may be made by law prohibiting Justices of the Peace from keeping taverns, and trials before Justices from being held in bar-rooms. Read and laid on the table.
Mr. M'Donell presented the petition of Jacques Allord, praying to be released from a certain Territorial tax. Read and referred to the committee on Territorial Affairs.
Mr. Trowbridge from the select committee to whom the subject was referred, reported,
"A bill to provide for the collection and settlement of taxes due previous to the passage of the present township laws," which was read the first time; and, on motion, said bill was then read the seeond time and laid on the table.
Mr. M'Donell, from the committee on Territorial Affairs, to whom the subject was referred, reported the following memorial and resolution:
To the honorable the Senate and House of Representatives of the United States of America, in Congress assembled:
The memorial of the Legislative Council of the Territory of Michigan, respectfully represents
That it has been found by experience, in the several States of the Union, that a division of the legislative power, between two bodies, conduces to the security of public and private rights; subjects are more naturely considered, and hasty and inconsiderate legislation prevented. There is no necessity for your memorialists to enter into any argument upon this topic; it is sufficient to observe, that our experience in this Territory, tends strongly to confirm the opie Dion, which generally prevails, in our country upon the subject.
We therefore respectfully request, that the legislative power of this Territory may be vested in the Governor, a Legislative Couns
cil, and a House of Representatives. If the former consists of five members, and the latter, of the number of members now elected by the people, the additional expense would be very slight; and would be far more than counterbalanced by the advantages which would result from the arrangement; a subject which we hope your honora ble body will take into consideration; and as in duty bound we will ever pray.
Resolved, That his Excellency the Governor of the Territory, be requested to transmit copies of the foregoing memorial, to the President of the Senate, the Speaker of the House of Representatives, and the Delegate from this Territory, at the next session of Con gress.
Said memorial and resolution were laid on the table.
Resolved, That the committee on Territorial Affairs inquire inte the expediency of amending the law which authorises the laying out of Territorial Roads, so as to require the Commissioners to perform a specific quantity of work per day.
Mr. M'Donell submitted the following resolution, which was laid on the table:
Resolved, That the committee on the Judiciary be instructed to inquire into the expediency of petitioning Congress for an additional Judge, to be appointed for the ferritory of Michigan, who shall have exclusive jurisdiction of all matters, civil and criminal, which are cognisable by a District Court of the United States, and appel late jurisdiction in all matters in Chancery.
The "bill to amend an act, entitled "an act concerning the Su preme, Circuit, and County Courts of the Territory of Michigan, defining their jurisdiction and powers, and duecting the pleadings and practice therein in certain cases, was taken up and read the third time.
On motion of Mr. Lawrence, the bill was then amended, by adding thereto two sections, to stand as the 9th and 10th sections thereof.
Mr. Noble then moved that the bill be further amended by striking out the 7th section, and inserting in lieu thereof the following,
"SEC. 7. That henceforth no writ of habeas corpus cum causa, to carry the proceedings of any cause from one Court to another, shall be allowed in any case."
And the ayes and being required on the motion, by Mr. Noble, they were taken as follows:
Ayes-Messrs. Brown, Drake, Noble, Rumsey, Trowbridge, Schoolcraft--6.
Nays-Messrs. Connor, Durocher, Edwares, Lawrence, M'Do nell, Stockton--6.
So the motion was lost.
On motion of Mr. Drake, the following was added at the close of the 8th section of the bill, viz:-" and all matters and things therein pending, or to be pending, shall be continued; also, to be proceeded in, as if the terms of the said Court had not been changed.”
On motion of Mr. Drake, the 1st blank in the 5th section was filled by inserting the words, "the seat of justice," and the 2d blank was filled by inserting the words, "the last Monday in January and July."
On motion of Mr. Drake, the bill was then amended by adding thereto a section, to stand as the 11th section.
On motion, the bill was then laid on the table till to-morrow. Mr. M'Donell, from the committee on Territorial Affairs, to whom the resolution relative to toll bridges, &c. was yesterday referred, reported,
"A bill to authorise and enable the Superintendant appointed by the President of the United States, to remove all obstructions 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 ;" which received two readings, and was laid on the table.
On metion of Mr. Schoolcraft,
R solved, That the committee on the Judiciary be instructed to inquire into the expediency of providing by law, for a special election of Treasurer and Coroner in the county of Chippewa.
The bill declaring certain rivers public highways, and for other purposes," was taken up, and, en motion of Mr. Stockton, ordered to be engrossed and read a thi & time on Tuesday next.
Mr. Drake, from the committee on the Judiciary, to whom was recommitted "a bill to prevent Justices of the Peace from keeping taverus, and for other purposes," reported a substitute for said bill, with the same title; which was read the first and second times, and laid on the table.
The bill to exonerate the several townships in this Territory from certain penalties," was taken up in committee of the whole.
Mr. Drake moved that the bill be amended by striking out all after the word "Schools," in the 5th line; and the motion was agreed to.
On motion of Mr. Drake, the bill was further amended by inserting, after the word "townships," in the 2d line, the words, "and teachers of Schools."
On motion of Mr. Schoolcraft, the word "now," was stricken from the 3d line of the bill.
The bill was then reported to the Council, and the amendments having been concurred in, the bill was ordered to be engrossed and read a third time to-morrow.
The "bill for the relief of Fanny Johnson," was taken up in committee of the whole, and having been reported to the Council without amendment,
Mr. M'Donell moved that said bill be engrossed and read a third time to-morrow; and the motion was negatived by the following fote-the ayes and nays being required by Mr. M'Donell: