ment, be amended by striking out all after the words " contingent fund." The motion was agreed to.

Mr. McDonell called for the ayes and nays on the motion to strike out, and they were taken as follows:

Ayes-Messrs. Burt, Bunce, Connor, Edwards, Forsyth, Irwin, Moseley, Stockton-8.

Nays-Messrs. Durocher, Lawrence, Lacroix, McDonell-4. The question was then taken on the adoption of the resolution as amended, and it was decided in the affirmative.

The President announced that Messrs. Irwin, Moseley, and Du rocher, were appointed the committee on Expenditures.

The preamble and resolution, relative to certain acts of incorporation, adopted by the Governor and Judges of this Territory, submitted yesterday by Mr. McDonell, were taken up.

Mr. Moseley moved that the resolution be amended by inserting the words" or amending," after the words "of repealing," in said resolution. The motion was agreed to, and the preamble and resolution were then adopted; and

Messrs. McDonell, Lawrence, and Bunce, were appointed the committee to make the inquiry contemplated in said resolution. Mr. Irwin laid on the table the following resolution :

Resolved, That the committee on Expenditures be instructed to inquire whether there does exist any necessity for the employment, at this time, of more than three Clerks, by the Council, and to report thereon.

Mr. Forsyth moved that Friday, in each week, be set apart for the consideration of Executive business; and the motion was decided in the affirmative.

Mr. McDonell laid on the table the following resolution :

Resolved, That the committee on the Judiciary be instructed to inquire into the expediency of postponing the further consideration of the code of laws, reported by the Commission of Revision, until the next session of the Legislative Council.

On motion of Mr. Irwin, the Council then adjourned.

SATURDAY, February 17, 1827.

Mr. Lawrence stated that he had received a communication from the President of the Council, requesting him to occupy the Chair to-day; he, the President, being prevented from attending, in consequence of illness in his family.

The Council was called to order by Mr. Lawrence.

Prayer by the Rev. Mr. Wells.

Mr. Connor presented the petition of sundry inhabitants of the counties of Wayne, Oakland, and Macomb, praying for the appointment of three commissioners, to lay out a road from the city of De

B

troit to the northeast corner of section 13, in township 3 north, and 11th range, east. Said petition having been read,

Mr. Burt moved that it be referred, together with the petition upon the same subject, which was laid on the table on the 15th inst. to the committee on Roads and Highways. The motion was agreed to.

Mr. Moseley, from the committee on the Judiciary, to whom the petition upon the subject had been referred, reported "a bill to incorporate the Stockholders of the Bank of Monroe." Said bill was read the first time, and on motion, it was read the second time by its title, and recommitted to the committee on the Judiciary. Mr. McDonell laid on the table the following preamble and resolutions:

"Whereas great delay and inconvenience is experienced in this Territory in the proceedings of the Supreme Court, by intermingling therewith the business of the Circuit and District Court of the United States: and whereas, by the increased and increasing population of the Territory, the undivided attention of the Judges of the Supreme Court, is and will be required to the concerns of the Territory: and whereas, for the aforesaid reasons, as well as the extension of commerce, navigation, and trade of the Territory, the exigencies of the country demand that the business of the two Courts should be separated, and that all crimes and offences against the United States, and civil causes of admiralty and maritime jurisdiction, including all seizures under the laws of impost, navigation, and trade, and indeed all cases now cognisable in the District Courts of the United States, should be made cognisable in a Court to be established under the authority of the United States, vested with the sole and exclusive jurisdiction of the causes aforesaid; and, inasmuch as the establishment of such a Court would be attended with little more expense to the government of the United States, than is incurred now by the existing Courts: Therefore,

Resolved, That a committee of three members be appointed, to draft a memorial to the Congress of the United States, respectfully requesting that a law be passed, establishing a District Court of the United States, in and for the Territory of Michigan, with the same powers and jurisdiction as are now by law conferred upon and exercised by the several District Courts established in the respective States.

Resolved, That until such a law be passed, that the said Supreme Court of the Territory, when acting as such, shall be exclusively confined to the exercise of the powers and jurisdiction with which it is invested by the laws of the Territory, and no other. And that there shall not be entered in the dockets, journal, or other books belonging or appertaining to said Court, any judgment, matter, or thing, but such as originated or was moved in, was decided by, or which properly belongs to said Court. And as an act of Congress already gives to the said Supreme Court, the same jurisdiction as is

conferred on the District Court of Kentucky, and by an act of the 3d of March, 1797, the terms of said Court are to be holden on the second Monday in March, the third Monday in June, and the third Monday in November, the said Supreme Court, when sitting as a Circuit and District Court of the United States, should be governed by the laws prescribing its jurisdiction and designating its terms of meeting, which, if complied with, would put the two jurisdictions at distinct periods, without the interference of the Council."

Mr. Connor submitted the following resolution, which was laid on the table:

Resolved, That a select committee of three be appointed, to inquire into the expediency of amending the law relative to the whitefishery, so as to secure to every person, his or her right to use such fishing grounds as he or she may own, to the centre of the River; and to prohibit any obstructions being placed in the River, which may in any way prevent the running of the fish.

The "bill concerning Promissory Notes," was taken up and considered on its third reading.

Mr. McDonell moved to amend said bill by striking out the words "factor or agent," wherever they occur in said bill; whereupon, Mr. Irwin moved that the further consideration of said bill be postponed until Monday next; and the motion was agreed to.

Mr. Burt laid on the table the following resolution:

Resolved, That the daily hour to which the Council shall stand adjourned be ten o'clock in the forenoon, until otherwise ordered by the Council.

On motion of Mr. Connor, the Council then adjourned, until 10 o'clock in the forenoon of Monday next.

MONDAY, February 19, 1827.

Prayer by the Rev. Mr. Cadle.

Mr. Dole presented the petition of sundry citizens of the Territory, praying for the grant of a charter for a Bank at the city of Detroit, with the necessary powers as an Insurance Company. Said petition having been read,

Mr. Dole moved that the same be referred to a select committee of three members. The motion was agreed to, and

Messrs. Dole, Stockton, and Bunce, were appointed said committee.

Mr. Irwin presented the petition of sundry inhabitants of the county of Michilimackinac, praying that the members of the Mission Family in said county be debarred from the privilege of voting at elections holden therein. Read and referred to the committee on the Judiciary.

Mr. Bunce gave notice that he should, at a future day, ask leave to introduce a bill to prohibit the erection of any brewery, ashery, or

distillery within the corporate limits of the city of Detroit, and for other purposes.

Mr. Burt laid the following preamble and resolution on the table: "Whereas the Commission to revise the Laws of this Territory, have performed the duty assigned them, and the result of their labors are now before the Council for consideration and approval, and that it is necessary and expedient that a majority or all of the bills be passed during the limited time of the present session; therefore,

Resolved, That no original matter, by resolution, be offered by any member of the Council, except on Saturdays, during the present session.

Mr. Irwin, from the committee on Expenditures, reported, in substance, that the committee had made a contract with Sheldon & Wells to supply the necessary stationery for the Council during the present session, and with Jonathan Kearsley for a committee-room. Said report, on motion, was accepted by the Council.

The President presented the communication of William Woodbridge, Secretary of the Territory, transmitted in conformity to a resolution of the Council, passed on the 29th Dec. 1826, requesting said Secretary 66 to furnish the Council with a copy of all the proceedings of the Canvassers of the late election for a Delegate to the Congress of the United States of America, for the use of the members of said Council." Read and laid on the table.

The President also presented a communication from the Secretary of the Territory, containing the information that there was not a sufficient number of the bound volumes of the Laws of the Territory in his office to supply the officers recently commissioned, who are entitled to receive them; and also, that with one exception, no sets of the laws have been returned to his office by persons who have ceased to remain incumbents of office. Read and referred to the committee on the Judiciary.

The President also presented the report of the President and Directors of the Bank of Michigan, transmitted agreeably to a resolu tion of the Council, adopted the 30th Dec. 1826. Read, and,

On motion of Mr. Forsyth, ordered to be published in the newspapers printed in the Territory of Michigan.

Mr. McDonell laid on the table the following resolution :

Resolved, That the committee on the Judiciary be instructed to inquire into the expediency of exempting, by law, from militia duty, and from serving as petit and grand jurors, all citizens residing within the corporation of the city of Detroit, who may be enrolled and belong to any regularly organised fire company within the limits of said Corporation.

The bill concerning Promissory Notes was taken up, and Mr. McDonell withdrew the amendment which he submitted on the 17th, and moved that the bill be amended by inserting the words, 66 or any person authorised," after the words "factor or agent." The motion was not supported.

The bill having received its third reading, the question on its passage was then put, and was decided in the affirmative; whereupon,

Mr. McDonell called for the ayes and nays on the question, and they were taken as follows:

Ayes-Messrs. Burt, Connor, Durocher, Dole, Edwards, Forsyth, Irwin, Lawrence, Moseley, Stockton-10.

Nays-Mr. McDonell.

The "bill for the punishment of crimes," was taken up and considered on its third reading.

Mr. Lawrence moved that the bill be amended by striking out the words, "and to be whipped not exceeding thirty-nine stripes," from the 25th section, and from the remaining sections of the bill wherever they may occur. The motion was agreed to.

On motion of Mr. McDonell, the bill was further amended, by adding at the close of the 49th section the following: "and shall be forever afterwards incapable of voting at any election, or of holding any office in the Territory."

Mr. Lawrence moved that the bill be further amended by striking out the words "county commissioners," in the 3d line of the 71st section, and substituting therefor, "Justices of the County Court, or a majority of them," and that the proviso, commencing at the 7th line of said section, read as follows: "Provided, That at any time thereafter, an execution may be issued against the body, land, goods and chattels of the person so discharged from imprisonment, for the amount of such fine and costs." The motion was decided in the

affirmative.

The bill having received its third reading, the question “shall the bill pass ?" was then put, and was decided in the affirmative.

A message on Executive business was received by the hands of Mr. C. C. Trowbridge.

The resolution submitted yesterday by Mr. Burt, relative to the daily hour to which the Council shall adjourn, was taken up and adopted.

On motion of Mr. Lawrence, the Council then adjourned.

TUESDAY, February 20, 1827.

Prayer by the Rev. Mr. Cadle.

Mr. McDonell presented the petition of sundry inhabitants of the Territory of Michigan, praying that certain corporations of Bridge Companies, &c. may be abolished. Read and laid on the table.

On motion of Mr. Frwin, the resolution relative to the Clerks of the Council, submitted on the 16th inst. was taken up.

Mr. McDonell submitted as a substitute therefor the following, which was not supported: