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On motion of Mr. Lawrence, the bill was further amended by adding thereto two sections, to stand as the oth and 7th.
On motion of Mr. Schoolcraft, the bill was further amended by adding thereto a section, to stand as the 8ıb.
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 lighways, and for other purposes," was taken up in committee of the whole, and having been reported to the Council withoui amendment;
Mr. Stockton moved that said bill be engrossed and read a third uime to-morrow; and the motion was decided in the negative.
The bill was then laid on the table.
Oo notion of Mr. Drake, the Council then went into the consideó ration of Executive business; and having dispused of the same,
The message of the Governor of the Territory, relative to his proceedings in carrying into eflect the acı passed April 13, 1827, and epulled " an act to appoition the members of the Legislauve Council among the several districts of the Territory," and the documcuts accompanying said message, were taken up and referred to the committee on Territorial Affairs.
The resolution submitted by Mr. Noble on the 19th inst. require ing the Goversor to give instructions, &c. to certain persons apo 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 inn serted after the word " commission," in the first line of the 2d seco: tion, 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 w is then read the third time.
Mr. Drake then moved that the bill do now pass; and the aves 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.
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, 182€. 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 afrairs 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.
Capital Stock, : 410 Pill discounted,
104 878 99 Bilin circulation, TS 490
27 524 33 Deposites--a poiiii!
Bills of Specie paying of which is app:
Banks on hand,
30 326 ble to the pilni
Funals in New York, incluof bills viscomis,
ding Bills and draits in Bills drain or rewa
24 99 48 Yorii ai 60 dass,
Funda in Cincinuati,
| 419 33 Profit and Low o suicio Rra Esialt,
17 135 32 Sonel,
9101 Deflration of laie Ca-luer,
a part of which is securrat, 10 379.71 Dobis due the Bank, ink il
dins temporary Loans on
39 01229 Gui ramane Securities,
6 007 70
203 105 36
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 29th 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.
SOLOMON SIBLEY. And said communication and statement were laid op the table.
Mr. Drake presented the petition of sundry inhabitants of the eounty 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 aud 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,
56 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 noriun, said bill was then read the second tiine and laid on the table.
Mr. MI'Donell, from the committee on Territorial Affairs, to whom the subject was referred, reported the following memorial and resolution :
MEMORIAL. 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 exper ence, 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 righis; subj cts are more inaturely considered, and lasty and inconsiderate legislation prevented. There is no necessity for your memorialists to enter into any argument upon this topic ; it is sufficient to observe, inat our experience in this Territory, tends strongly to confirm the opie pion, which generally prevails, in our country upon the subject.
We therefore respectfully request, that the legislaiive power of this Territory may be vested in the Goveruor, a Legislauve Coun.
cil, and a House of Representatives. If the former consists of five members, and the latter, of the number of niembers now elected by the people, the additional expense would be very slight; aud 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 .o duiy bound we will ever pray.
Resolved, That his Excellency the Governor of the Territory, bo 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 Cons gress.
Said memorial and resolution were laid on the table.
Resolved, That the committee on Territorial Affairs inquire into the expediency of amending the law which authorises the laying out of Territorial Roads, so as to require the Commissioners to pertura 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 peutioning Congress for an additional Judge, to be appouted for the .erritory 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 appellate jurisdiction in all matters in Chancery.
The 6 bill to amevd an act, entiiled an act concerning the Supreme, Circuit, and County Couns of the Territory of Michigan, defining their jurisdiction and powers, and directing the pleadings and practice thereio 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 yth and 10th secuous thereof.
Mr. Noble then moved that the bill be further amended by striking out the 7th section, and inscruing in lieu thereof the tollowing,
66 Sec. 7. That henceforth no writ of habeas corpus cum causa, to carry ihe proceedings of any cause from one Court to anuiher, shall be allowed in any case."
And the ayes and being required on the motion, by Mr. Noble they were ruken as follows:
Ayes--Messrs. Brown, Drake, Nuble, Rumsey, Trowbridge, Schoolcrati--6.
Nuys-Messrs. Connor, Durocher, Edwares, Lawrence, M'Donell, Stock::---6.
So the motion wus lost.
On motion of M:. 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 notion of Hir. 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 siand as the 1lih section.
On motion, the bill was then laid on the table till to-morrow.
Mr. M'Donell, from the coministee on l'erritorial Affairs, to whom the resolution relauve to toll bridges, &c. was yesterday referrel, reporied,
“ A bill to authorise and enable the Superintendant appointed by the President of the United States, to remove all obstructions upon, and to complete ihe United States' Road leading from the City of Detroit to the foot of the Rapids of the Miami of Lake Erie ;'2 waich ieceived two readings, and was laid on the table.
On me top of Mr. Schoolcraft,
R solved, l'hat 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 takon up, and, on mution of Mr. Stockton, ordered to be engrossed and read ir chiu time on Tuesday next.
Dr. Drake, from the committee on the Judiciary, to whom was recummited "a bill to prevent Justices of the Peace from keeping taverns, and for other purposes," reported a substitute for said bill, with the same title ; which was read the first and second times, ans laid on the table.
The • bill to exonerate the several townships in tbis 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 daving 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 ир mittee 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 10-morrow; and the motion was negatived by the following fote--the ayes and nays being required by Mr. M'Donell :