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WEDNESDAY, January 19, 1831.
Mr. Lawrence presented a petition of Clarissa Remington, praying a divorce. Referred to the committee on the Judiciary.
Mr. Kingsley presented an account of Crampton & Jubenville, for painting the cupola of the Capitol. Referred to the committee on Expenditures.
Mr. M'Donell, from the committee on Territorial Affairs, to whom was referred the subject of inquiring into the expediency of amending the several laws regulating the assessment and collection of Territorial taxes, and of repealing all laws laying a tax on distilleries, made the following REPORT:
"The committee on Territorial Affairs, to whom was referred two resolutions with instructions to inquire into the expediency of amending the several laws now in force regulating the assessment and collection of Territorial taxes, and also to inquire into the expediency of repealing all laws laying a tax upon distilleries, have had the subject under consideration, together with the report of the Auditor of the Territory, the officer charged with the due and faithful execution of the several laws now in force regulating the assessment and collection of Territorial taxes.
"It would appear by a circular of the Auditor's, dated the 15th Oct. last, that every person indiscriminately, who commenced selling, vending or bartering ardent spirits, from and after the passage of the act of the 26th July, 1830, was by the construction given to the same by the Auditor, made liable to the payment of a Territorial tax of $15 a year, or at that rate for the portion of the year reckoning from the time that every such person commenced selling, which construction was evidently a wrong one, as will appear by a reference to the provisions of said act, and the act to which the same is amendatory, and as will also appear by the Auditor's last circular, dated the 28th December, which in effect countermands his circular of the 15th October.
"The report of the Auditor to the Council, accompanying his circular of the 28th December, addressed to the sheriffs, clerks, and district attornies of the several collection districts, gives in detail the amount of tax levied upon the several avocations made liable to the payment of a Territorial tax by law, which are as follows, that is to say:
Upon merchants or traders in the city of Detroit,
Tavern-keepers in the city of Detroit,
Tavern-keepers in the country,
Auctioneers in the city of Detroit and county of
Distillers selling ardent spirits and taking out a
Commission merchants selling ardent spirits, "There does not appear to be any law in force taxing distilleries, or the manufacturing of ardent spirits, but if a distiller sells, vends or barters ardent spirits, he is placed on the same footing with a merchant or trader.
"Upon this view of the subject, your committee are of opinion that it is inexpedient, at this time, to alter or amend the existing laws regulating the assessment and collection of Territorial taxes."
The report was read and laid on the table.
Mr. Lawrence from the committee on the Judiciary, to whom was referred the petition of Asahel Buck, praying a divorce, reported against granting the prayer of the petitioner, and recommended that he have leave to withdraw his petition and accompanying papers.
Mr. Lawrence from the Judiciary committee, reported A bill to dissolve the marriage contract between Ebenezer Stone and Sally Stone.
The bill was read the first time and laid on the table. Mr. M'Donell, from the select committee, to whom the subject was referred, reported
A bill to amend an act, entitled an act amendatory to the several acts now in force, relative to costs and fees.". Approved, Nov. 9, 1829.
The bill was read the first time and laid on the table.
Resolved, That the committee on Territorial Affairs be instructed to inquire into the expediency of petitioning Congress to authorise the people of this Territory to elect an additional number of members to the Legislative Council. On motion of Mr. Stockton,
Resolved, That the committee on the Judiciary inquire and report;
First, as to the expediency of causing the several laws now published in pamphlets, together with such as may be passed during the present session of the Council, to be so arranged as to have all laws relating to one subject placed together: Second, as to the expediency of having the same printed and bound.
On motion of Mr. Kingsley,
Resolved, That the committee on the Judiciary be instructed to inquire into the expediency of amending the "act securing to mechanics and others, payment for labor and materials in erecting buildings," so that the object of the act, and the manner of carrying it into effect, may be better known.
On motion of Mr. Le Roy,
Resolved, That the committee on the Judiciary inquire and report whether the Supreme and Circuit Courts shall be vested with further powers than they now possess, in applications for the dissolution of marriage contracts.
Mr. Drake agreeably to his notice of yesterday, moved for leave to bring in a bill for the relief of Martha Garlick. Leave being granted,
Messrs. Drake, M'Donell, and Kingsley, were appointed a committee to bring in the bill.
A message was received from the Governor on Executive business.
Mr. M'Donell presented an account of Jeremiah Moors, for a balance due for a cornice to the Capitol.
Mr. M'Donell moved to refer the account to a select committee.
Mr. Lawrence moved to amend, by referring it to the committee on Expenditures.
The question on the amended motion being taken, it was decided in the affirmative.
On motion of Mr. Drake,
Resolved, That the committee on the Judiciary be instructed to inquire into the expediency of reviving the law authorising the laying out of a Territorial road from Pontiac to the mouth of the Kalamazoo.
On motion of Mr. Stockton,
The Council went into the consideration of Executive business, and having disposed of the same,
THURSDAY, January 20, 1831.
A message was received from the Governor of the Territory, on Executive business.
Mr. Brown presented an account of E. S. Swan, for attendance as a witness in the case of the United States against Levi Willard. Referred to the committee on
Mr. Schoolcraft, from the committee on Territorial Af fairs, to whom the subject was yesterday referred by resolution, reported a memorial to the Senate and House of Representatives of the United States.
The memorial being read,
On motion of Mr. Kingsley, it was amended by substi tuting for the word "six," the additional number of members prayed for, the word "eight."
On motion of Mr. Schoolcraft it was adopted.
To the Senate and House of Representatives
of the United States in Congress assembled: The memorial of the Legislative Council of the Territory of Michigan respectfully prays, that the people of the Territory, at their next election of members of the Council, and at each subsequent election, may be authorised to elect an additional number of members to the Council, not exceeding eight, above the number now provided for by law; to be distributed in election districts, in an exact ratio to the inhabitants.
The increase of the population of the Territory since the passage of the law fixing the present number of members, and the consequent increase of legislative labor has been such as to render the measure asked for, one of expediency. Twenty-seven counties are now laid off, within the public lands, including the portion of Territory attached to the present Territorial Government west of Lake Michigan, and twenty-four counties, excluding this attached territory.
Of this number of distinct county communities, fifteen are organized and provided with courts, and measures are now in train, for organizing two of the new counties, and for laying off an additional number of six counties out of the lands surveyed, or now in the process of being surveyed. The entire population of the Territory on the first of June last, was a fraction below thirty-two thousand; and excluding the population west of the territorial line of 1805,
twenty-eight thousand and ten. This population is distributed over a large area, separated, in some instances, by a considerable extent of country, but thinly settled, or wholly unsettled, and having therefore, local interests of a peculiar character. An increase of the present number of members in the Territorial Legislature, would be attended with conveniences which we shall not attempt to specify, as we trust they will be readily foreseen and acknowledged.
While this measure will result in manifest advantage to the public, it will be attended with but little additional expense, compared to the plan, of an additional and distinct Body, heretofore urged by our petition, and now remaining in one of the unfinished bills before the House of Representatives. This plan, it may be proper to subjoin, is to be considered as relinquished and superceded by the present memorial.
In Council, January 20, 1831.
Resolved, That the President of the Council be requested to transmit copies of the above memorial to the President of the Senate, the Speaker of the House of Representatives, and the Delegate from Michigan in Congress.
The "bill to enable the proprietors of Social Libraries to manage the same," was read the second time, and considered as in committee of the whole.
On motion of Mr. Bartow,
The words" and to annex,” in the 10th line, section two, were stricken out.
On motion of Mr. Drake,
The words "a sum were inserted after the word "bylaws" in the 10th line, same section.
On motion of Mr. Schoolcraft,
The word "meeting" in the 1st line of the 4th section, was stricken out, and the words "Society or body politic substituted.
On motion of Mr. Kingsley,
The word "shall " line 3, section 3, was stricken out, and the word "may" substituted; and the words "in all actions and processes of law," line 4, same section, were strick
The bill being reported with the amendments,
The question on agreeing to the same being taken, was decided in the affirmative.
On motion of Mr. Bartow,
Ordered, That the bill be engrossed, and read a third time on Wednesday next.