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On motion of Mr. Drake, the 2d section of the bill was amende: by inserting, after the word "office," in the 2d line, the following viz: "and all those now in office."
Mr. M'Donell then moved that the bill be further amended by striking out the whole of the 2d section, and inserting in lieu ther of the following, viz :-" That any Justice of the Peace who sha be convicted of a misfeasance or malfeasance in office, or who shall fail to pay over money collected by him in his official capacity as a Justice of the Peace, as may be made to appear by a judgment of court of record-in either of which cases, upon satisfactory pros it shall be the duty of the Governor, or person administering the government, forthwith to remove such Justice from office; and said Jus.ice shall be incapable of serving as a Justice of the Peace f three years thereafter"-and said motion was decided in the nege tive by the following vote; the ayes and nays being required t Mr. M'Donell :
Ayes-Messrs. Brown, M'Donell-2.
Nays-Messrs. Connor, Drake, Durocher, Edwards, Lawrent Noble, Rumsey, Stockton, Trowbridge-9.
Mr. Stockton then moved that the 2d section be amended by striking out all after the word "understanding," in the 6th line: and the motion was decided in the negative by the following vote. the ayes and nays being required by Mr. Stockton:
Ayes-Messrs. Edwards, M'Donell, Stockton-3. Nays-Messrs. Brown, Connor, Drake, Durocher, Lawrence. Noble, Rumsey, Trowbridge-8.
Mr. M'Donell then moved that the words, "lands and tene ments," be stricken out of the 12th line of the 5th section of the bill, and that a corresponding alteration be made in other sections of the bill, where those words occur; and the motion was agreed to.
On motion of Mr. Drake, the bill was further amended, by adding thereto three sections, to stand as the 12th, 13th and 14th sections thereof.
On motion, said bill with the amendments, was ordered to be er grossed and read a third time to-morrow.
The bill to amend an act, entitled " an act concerning judgments and executions," (approved April 12, 1827,) and the "act co cerning mortgages," was taken up, with on the 29th ult. by Mr. M'Donell, as in committee of the whole. amendment submitted Mir. M'Donell moved (in lieu of his amendment heretofore of fered) that the bill be amended by adding at the close of the 2d see tion, the following proviso :- Provided, That real estate shall ey be sold for less than two thirds its appraised value in cash, to le estimated by three freeholders, upon oath;" and the motion W3 agreed to by the following vote, the ayes and nays being require by Mr. M'Donell:
Ages.... Messrs. Brown, Connor, Durocher, Edwards, Mel Stockton, Trowbridge....7.
Nays....Messrs. Drake, Lawrence, Noble, Rumsey....4.
On motion, said bill was then ordered to be engrossed and read a third time to-morrow.
On motion of Mr. Noble, the Council went into the considera tion of Executive business; and having disposed of the same,
Mr. Stockton presented the claim of H. Williams, for keys, furnished for the Council; which was referred to the committee on Expenditures.
Mr. Durocher, from the committee on Claims, made a report adverse to certain claims of the following persons, heretofore referred to said committee, viz: Audrain Abbott, William Little, James Connor, Samuel Van Fossen, A. C. Caniff, J. W Day, Melvin Dorr, William Lewis, Jer. V. R. Ten Eyck, A. Madison, Th. B. Clarke, Mary Triskett, William Burbank, A. W. Aldrich, and othrs; and David Smith and others.
The memorial to the Congress of the United States, asking for in appropriation for the purpose of staking out and placing buoys on the flats, near the mouth of the River St. Clair, and for remoring the obstructions at the mouth of the Clinton River, was taken ip; and,
On motion of Mr. Stockton, said memorial was adopted.
The memorial to the Congress of the United States, relative to n additional body to the Territorial Legislature, was taken up. Mr. Noble moved to recommit said memorial to the committee a Territorial Affairs; and the motion was decided in the negative the following vote, the ayes and nays being required by Mr.
Ayes....Messrs. Drake, Durocher, Noble, Rumsey, Trowbridge
Nays.... Messrs. Brown, Connor, Edwards, Lawrence, M'Doell, Stockton....6.
Said memorial was then laid on the table.
On motion of Mr. Lawrence, the Council then adjourned until morrow, at 9 o'clock, A. M.
THURSDAY, Nov. 5, 1829.
Prayer by the Rev. Mr. Richard.
Mr. Stockton presented the petition of Lewis B. Berthelet, prayg that the bill for the relief of Lucy Berthelet, may not become a w, and that he may be heard, by his attorney before the Council. ead and laid on the table.
Mr. Stockton, from the committee on Territorial Affairs, reorted,
A bill amendatory to the several acts relative to the assessment ad collection of Territorial taxes, which was read the first time; d on motion said bill was read the second time.
On motion of Mr. M'Donell, said bill was then ordered to be enossed and read a third time to-day.
Mr. Lawrence, from the committee on Territorial Affairs, t whom the subject had been referred by a resolution of the Counci reported,
A resolution requesting the Secretary of State of the Unite States, to furnish a certain number of the Laws of the Unite States, for the use of the Territory; which was read and laid on the table.
Mr. Drake, from the select committee to whom the memorial and petition of John P. Sheldon was referred, made the following report:
The select committee to whom the memorial and petition of John P. Sheldon was referred, have had the same under consideration, and beg leave to report:
That, in the opinion of the committee, the powers conferred upon the Governor of the Territory by the act of Congress, of March 3d, 1823, to grant pardons for offences against the Territory, are of a nature to bring within their pale the remission of a fine, after it has been paid to a Sheriff. To deny the right on the part of the Executive, to exercise this power, would be, to circumscribe his par doning prerogative to limits so narrow, that in most cases, to which it was no doubt the intention of Congress to extend it, it would be wholly inoperative. Indeed, it could in no case ever be extended to the relief of a person who, though unjustly fined, should rather pay a fine than be imprisoned in a dungeon. A reference to the terms of the acts by which the Executive officers of the severa States, and the President of the United States, are clothed with par doning powers, and an examination of the manner in which these powers have from time to time been exercised by those officers will, as the committee believe, convince the Council, that the case of the petitioner, so long as the fine is in the hands of the Sherifi, within the scope of the legal and proper powers of the Executived the Teritory; and if so, the committee would recommend adoption of the following resolution :
Resolved, That the petitioner have leave to withdraw his pe tion, and the documents accompanying the same.
The report having been read,
Mr. Rumsey moved that it be recommitted to the sele te by whom it was reported; and the motion was decided in negative.
The report was then laid on the table.
Mr. Noble, from the committee of Enrolment, reported, as co rectly enrolled, bills with the following titles, viz: "An act amend an act, entitled "an act to incorporate Medical Societi for the purpose of regulating the practice of Physic and Surgery the Territory of Michigan ;"" au act to prescribe the tenure of fice of Auctioneers, and to levy a duty upon sales at auction in ce
tain cases ;""an act to regulate and improve the navigation of the Black River in the county of St. Clair;" and "an act to amend, and in addition to, the acts to divide the several counties in this Territory into townships, and for other purposes ;" and the President signed the same.
Mr. Drake, from the committee on the Judiciary, reported, A bill to amend an act, entitled "an act for the limitation of suits on penal statutes, criminal prosecutions, and actions at law," which was read the first time; and, on motion, said bill was then read the second time by its title and laid on the table.
Mr. Drake, from the committee on Internal Improvement, to whom the subject had been referred by a resolution of the Council, reported the following memorial, which was read and laid on
To the honorable the Senate and House of Representatives of the United States of America, in Congress assembled:
The Legislative Council of the Territory of Michigan respectfully pray your honorable bodies, to grant to each of the counties in this Territory one section of land to be located in quarter sections in the several counties, and sold under the direction of the Governor of this Territory; and the avails to be laid out in building a Court-House and Jail in each of said counties.
Your memorialists believe that the General Government will, by granting this petition, confer upon the infant settlements in this Territory, benefits far greater than can be properly estimated at the first view, except by those who have experienced the embarrassments and difficulties in erecting public buildings in new settle
This Territory has no fund from which it can afford any aid to the several counties in crecting their necessary public buildings, and with a sparse population in the several counties, with little means. This Council looks with confidence to the General Government, who own the soil, for assistance in providing for the permanent administration of justice in our new counties; and the granting of this petition will appear more important in view of the following facts:
The Territory of Michigan now contains twenty-six counties; of these fourteen are organised, five in the country extending from Lake Huron to the Mississippi, and nine in the peninsula. With the exception of the counties of Wayne, Monroe and Oakland, all these are without any permanent buildings to serve as a CourtHouse and Jail. Your memorialists trust, under these circumstances, that Congress will afford the aid they have requested.
Resolved, That the Governor of the Territory be requested to transmit a copy of the foregoing memorial to the President of the Senate, the Speaker of the House of Representatives, and to the
Delegate in Congress from this Territory, at the ensuing session of Congress.
Mr. Stockton, from the committee on Expenditures, reported,
A bill in addition to an act, entitled "an act to provide compensation for the officers of the Legislative Council, and for other purposes," which was read the first time; and, on motion, said bill was read the second time by its title.
Mr. Stockton then moved that all after the word "twenty-eight," in the last section of the bill, be stricken out; and the motion was agreed to; and,
On motion of Mr. Stockton, the bill was then recommitted to the committee on Expenditures.
Mr. Lawrence moved that certain claims of John P. Sheldon and E. D. Ellis, heretofore reported on by the committee on Expenditures and laid on the table, be recommitted to said committee; and the motion was agreed to.
Mr. Stockton, from the committee on Expenditures, to whom was referred the memorial of Henry Sanderson, and a claim of Thomas Knowlton-made a verbal report, adverse to said memorial and claim.
The bill to amend "an act amendatory to certain acts relative to the duties and privileges of townships, and for other purposes," was taken up, with the amendments; and the amendments, on motion, were received.
On motion of Mr. Stockton, the bill was further amended by adding thereto a section, to stand as the 10th section of the bill.
And the bill, as amended, was then on motion passed.
On motion of Mr. Noble, the Council went into the consideration of Executive business; and having disposed of the same,
On motion of Mr. Stockton, the Council took a recess until 2 o'clock, P. M.
2 o'clock, P. M.
Mr. Stockton, from the committee on Expenditures, to whom was recommitted "a bill in addition to an act, entitled "an act to provide compensation for the officers of the Legislative Council, and for other purposes," reported the same with amendments; and, On motion of Mr. Stockton, said amendments were received. Mr. Stockton moved, that the item of appropriation to Sheldo M'Knight, for printing bills, &c. for the present session be, two hundred and eighty-four dollars and seventy-eight cents; and the motion was agreed to.
On motion, said bill was then ordered to be engrossed and read a third time to-day.
The bill to provide for and regulate Common Schools, (with the amendments submitted yesterday,) was taken up; and, on motion, the amendments were accepted.
On motion of Mr. Drake, the bill was further amended by stri