"GENTLEMEN of the LegislATIVE COUNCIL

The temporary absence of the Governor of the Territory, having devolved upon me the duties of the Executive Department of this Government, I have, with the diffidence of conscious inexperience and inability, endeavored to discharge, in a satisfactory manner, such of those duties as required indispensable action. These have been few; and if their execution has not been attended with any distinguished benefit to the public interest, I may flatter myself with the hope, that no great injury has resulted from it. The virtue and intelligence of the people, have happily supplied all defects, and rendered it unnecessary for the Executive, to attempt to discharge much more than the formal routine of ordinary official business.

Under our limited form of Territorial Government, one of the greatest blessings we enjoy, is the possession of a Legislative body, elected by the people, and responsible to them alone, for the faithful performance of the important trusts committed to their care; and our fellow citizens must derive confidence and satisfaction from the reflection, that without your concurrence, no measure, seriously or extensively affecting their interests, can be adopted or changed. To you, then, gentlemen, coming from the different counties of the Territory, and thoroughly acquainted with the wants and wishes of your constituents, is committed the important task, of legislating for their benefit, of enacting new laws to promote their welfare, and of applying the appropriate and adequate remedy to existing defects.

Among the subjects which appear to me particularly to merit your consideration at this time, are the present organization and condition of the judiciary. Nearly the whole judicial business of the Territory, except that which is transacted by Justices of the Peace, falls upon the Supreme Court, which is composed of three Judges only. From the rapid extension of population into the interior of the Territory, and the vast accumulation of legal business, it has become impossible for any three Judges, under the existing system, to hold the various courts required by law. The great inconvenience resulting from this circumstance, has frequently been felt in several of the counties, but perhaps never so sensibly as at the present time, proceeding from the delay in the appointment of two of the new Judges of the Court. If the Circuit Courts could each be held by one of the Judges, the evil would at least be partially remedied. By a division of the Territory into different circuits, two or three courts might be held at the same time, and the judicial business of the counties despatched with a corresponding celerity.

Appeals, in that case, from the Circuit Courts to the Su

preme Court, would afford greater satisfaction to the parties. litigant, because a majority of the court in bank, would hear and decide on the appeals, without having prejudged the case in the courts below.

Dissatisfaction prevails in different parts of the Territory, in relation to the extent of jurisdiction now exercised by justices of the peace; and petitions will probably be presented to the Legislative Council on that subject, during its present session. The great source of complaint is, that the justices exercise jurisdiction throughout the whole county; that defendants are consequently often dragged to parts of the county remote from their residences, sometimes thirty or forty miles; that by this proceeding, the plaintiff is enabled to convert the law into an instrument for the gratification of his personal resentment and malevolence, and the defendant, subjected to a great additional inconvenience and expense. The complaint seems to be well founded, and the evil, which has produced it, to violate that sound principle handed down to us by our ancestors, which requires justice to be brought home, as it were, to every man's door. The limitation of the jurisdiction of justices of the peace, in civil cases at least, to their respective townships, would doubtless almost entirely remove the prevailing discontent on this subject.

The expenses of the Territorial Government, being defrayed by the United States, taxes are required only for township and county purposes, or for other immediate local objects. As it is desirable that a rigid system of economy should be adopted in the administratien of our local financial concerns, your attention is respectfully invited to this subject, in order that, if necessary, the various acts authorising the imposition of taxes, and specifying the objects to which they may be applied, may be re-examined, simplified, and improved by alterations and new enactments.

By an examination of our statute laws respecting grand and petit juries, it will be seen that no adequate compensation is allowed jurors, for the time and labor consumed by their attendance at courts. Petit jurors are at present, drawn away from their homes for weeks together; they are compelled to neglect their families and business; and for the services rendered at courts for the benefit of others, they are allowed in return the mere pitance of twenty-five cents for each case they may determine. This law is oppressive and unequal in its operation, for by a very slight observation it will be seen, that a greater portion of our juries are composed of farmers and mechanics, men whose occupations of all others, require their constant individual attention. It would seem then, that an adequate allowance

should in justice be granted to jurors, for the services they render the public.

Laws have successively, for several years, been passed, for the encouragement and support of Common Schools. From causes by no means insurmountable, they have not been carried into effect in such a manner, as to realize the benefits which their enactment was designed to impart to the youthful generation of the present and of future times. You will, it is confidently believed, concur in the opinion, that the subject of education is the most important, which could occupy the attention or secure the effective action, of the Legislative Councils of a Republic. With an intelligent, virtuous and independent population, our free institutions cannot fail to "outlive the term heretofore assigned to republican governments." To no object, therefore, can the public funds raised by taxation or otherwise, be more judiciously or advantageously applied, than to the establishment and support of common free schools, with a view to the extension of the blessings of education, to all classes of the community.

The General Government has heretofore been liberal in its appropriations for the improvement of the Territory. It is hoped that by a continuance of the same fostering spirit, and the exertions of our delegate in Congress, additional appropriations for the further prosecution and completion of the improvements already in progress, may be made before the close of the present session of that honorable body. By the efforts of the same delegate, a bill has been reported in the House of Representatives, the ultimate object of which, is to secure indemnity to such of our citizens as suffered in their property, from the devastations perpetrated by the enemy, in violation of express stipulations, and of the principles of civilized warfare, while they were in possession of this Territory in the late war. It is to be regretted that justice has been so long withheld from the sufferers, and to be hoped, that Congress will not allow the present session to terminate, without the passage of a law for the adjustment of all such claims as may be justly due our fellow citizens.

In contemplation of the expediency of an early admission of Michigan into the Union on an equal footing with the original states, and with a view to ascertain in due season the amount of population which would justify her application to Congress for that purpose, the propriety of a provision for taking a census will no doubt suggest itself to you. By the census taken under the authority of the United States, in June, 1830, the number of inhabitants within the Peninsula, amounted to about twentyeight thousand-the whole population of the Territory amount

ing to 31,698 souls. Since that period, the tide of immigration has flowed into it, with unusual rapidity. It has been so great and is so likely to continue in the same spirit, that by the time the necessary preliminary measures can be completed for our admission into the Union, the Peninsula will probably possess a population of more than sixty thousand. It would be superfluous, if not presumptuous in me, to state to you the various considerations, which urge our speedy transition from a condition of territorial dependence to one of equal self government and sovereignty, with the confederated States of our happy Union. They have no doubt already fully presented themselves to your minds. You may, it is believed, confidently expect the co-operation of the Executive of the Territory, in any measures which your wisdom may devise for the accomplishment of that desirable object.

The bill for the establishment of the Territory of Huron, or Ouisconsin, again introduced into Congress at its present session, may probably not be passed until a succeeding session. The measure, however, will unquestionably be eventually adopted, and that before our admission into the Union.

Presentments have been made by different Grand Juries, and copies sent to the Governor, complaining of the delay in the printing and promulgation of the Laws of the Territory. As most of the Acts of the Legislative Council purport to go into operation from the day of their passage, it is both unreasonable and unjust, that the people should be bound to observe them, for five or six months before their publication. Your predecessors adjourned in March, 1831, and not until September of that year, were a part of the pamphlet laws received at the Secretery's office for distribution. The remainder of the copies were received four or five weeks ago. The cause of the delay, is unknown to me. There can be no doubt that a correction should be applied to the evil.

I trust that the Governor will resume his station, in time to aid in the important duties which belong to the Legislative and Executive Branches of the Government, during your session. In the mean time, I invoke your indulgence and support in all matters, which may require the action and co-operation of the Executive, before the return of the Governor to the Territory." On motion of Mr. M'Donell,

The Council adjourned to 4 o'clock P. M.

On motion of Mr. M'Donell,

4 o'clock P. M.

Resolved, That a committee of three members be appointed to draft rules, for the government of the Council in its proceedings.

Messrs. M'Donell, Martin, and Torrey, were appointed that committee.

On motion of Mr. Martin,

Resolved, That 300 copies of the Message of the Acting Governor, in the English language, and 150 copies in the French language, be printed for the use of the members, by such printer as the President shall direct.

Mr. Martin moved that the Council do now adjourn to Monday next, at 11 o'clock, A. M.

The motion was carried and the President requiring the yeas and nays,

Those who voted in the affirmative, are Messrs. M'Donell, Torrey, Hascall, Bacon, Durocher, and Martin, 6.

Those who voted in the negative; are Messrs. Sprague, Renwick, and Kingsley-3.

And so the Council adjourned to Monday next; 11 o'clock A. M.

MONDAY, May 7.

Mr. M'Donell, from the committee appointed to draft rules for the government of the Council, reported the following, which were adopted.

"STANDING RULES.

RULE 1st. The Legislative Council shall choose by ballot one of their own number to occupy the Chair. He shall be styled the President of the Legislative Council. He shall hold his office during the time for which the Council are elected. He shall take the chair at the hour to which the Council is adjourned and call the members to order; and if a quorum be present, shall direct the minutes of the preceding day to be read, and mistakes, if any, corrected. He shall preserve order and decorum, and shall decide questions of order subject to an appeal to the Council. In committee of the whole, he may substitute a member in his place and debate any question before the committee; but such substitution shall not extend beyond an adjournment. He shall, unless otherwise directed by the Council, appoint all committees. He shall vote on a call of the yeas and nays.

RULE 2d. Any member may have a call of the Council, and have absent members sent for.

RULE 3d. All questions shall be put in this form: "You who are of opinion (as the case may be) say aye." "Those of the contrary opinion say no"-and in doubtful cases, any member may call for a division.

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