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THIRD LEGISLATIVE COUNCIL.
BEGUN and held at the Council-Chamber, in the City of Detroit, in the seventh day of September, in the year of our Lord one housand eight hundred and twenty-nine, agreeably to an act of aid Council for the adjournment of the first session thereof, ap roved the 3d of July, 1828.
At 12 o'clock, M. the following Members of the Council apeared and took their seats:
Robert Irwin, Jr. for the District composed of the coun Henry R. Schoolcraft, ties of Chippewa, Michilimackinac, Brown, and Crawford.
John Stockton, for the counties of St. Clair and Macomb.
Thomas J. Drake, for the county of Oakland.
Wolcott Lawrence, for the counties of Monroe and Lenawe. Charles Noble,
The Throne of Grace was addressed by the Rev. N. M. Wells, On motion of Mr. Lawrence,
Resolved, That a committee of two members be appointed by e President, to inform the Governor of the Territory that a quoim of the members of the Legislative Council is assembled at the Council-Chamber, and ready to receive such communications as ho ay deem proper to make.
Messrs. Lawrence and Irwin were appointed said committee. Mr. M'Donell gave notice that he would, on Wednesday next, ask leave to bring in a bill to raise a sum of money by Lottery, for the purpose of establishing a free communication by land between the City of Detroit and the village of Monroe, and to amend an act entitled "an act to prevent Private Lotteries."
Mr. Irwin, from the committee appointed to inform the Governor of the Territory that a quorum of the members of the Council had assembled, &c. reported, that the Governor would communicate with the Council to-morrow, at 12 o'clock.
On motion of Mr. Drake, the Council then adjourned until to morrow, at 11 o'clock, A. M.
TUESDAY, Sept. 8, 1829.
Prayer by the Rev. Mr. Wells.
Mr. Stephen V. R. Trowbridge, of the county of Oakland, appeared and took his seat.
At 12 o'clock, the following Message was communicated to the Council, by the hands of Mr. R. A. Forsyth:
MESSAGE. "Fellow-Citizens of the Legislative Council:
I have heretofore communicated to the Legislative Council" such subjects for their consideration, as the public interest appear ed to me from time to time, to require. I am not aware that any change has occurred in the condition of the Territory, or any im portant defects been discovered in the operation of the present sys tem of laws, since the last session of the Council, which makes it necessary for me to renew, or add to, the subjects formerly com municated to you. Being well satisfied, that the stability of the laws is essential to the security of private rights, and to the dua administration of justice, I doubt the expediency of legislative in terposition on every occasion, where evils may, or may be sup posed to exist. Too much legislation must impair the obligation of the laws, by impairing that respect for them, which, in a free country, constitutes the best security for their observance, as well as the most efficient agent in the punishment of their infractions.
The progress of improvement and settlement in our new coun try will occasionally render necessary, the passage of laws, some of them local in their operation, and others, temporary in their dura tion. And the greatest caution cannot at all times, prevent the admission of inexpedient and conflicting provisions, in a system of laws which embraces most of the complicated relations of life. Coming, as you do, from every part of the Territory, and bringing with you the public sentiment upon these and other topics, you will be enabled to discover such evils as may exist, and to apply the proper remedy.
The relations subsisting between a Territory and the United
States, while they lessen the burden upon the community, circumscribe the sphere of Executive recommendation, and of Legislative duties. Some of the most important objects of general legislation are either withdrawn from the local legislature, or met by appropriations from the Treasury of the United States. Under these circumstances, and with the conviction already expressed, of the inexpediency of disturbing our present system, it is unnecessary for me to submit for your consideration, a great variety of objects, or to exhibit a view of the general situation of the Territory. I hat situation is as prosperous, as perhaps any portion of the Union, and its general progress in all the elements of improvement will soon bring before our fellow citizens, the question of a change, from a colonial, to an independent condition. A bill was introduced into the House of Representatives, and passed that body at the last session of Congress, providing for the establishment of a new Territory, west of Lake Michigan, and leaving to the Territory of Michigan, the boundaries fixed by the Act originally organising it, This bill did not pass the Senate, but it is probable the subject may be more successfully prosecuted at the next session of Congress. The opinion of the Legislative Council in favor of this measure has been expressed in their memorial to Congress, and I am not aware that it can injuriously affect our interests. The district of country where the new Territory is proposed to be established, is too extensive, and too remote from the Peninsula of Michigan, to form with it, a constituent and permanent part of the same government.
The country upon the St. Joseph, has been offered for sale since your last session, and the result has justified the anticipations of those best acquainted with its climate, soil, and other natural advantages. The influx of population there has great, and in fact, the migration to the Peninsula generally, during the present season, has exceeded our annual increase from that source, for some years. The whole country has enjoyed uninterrupted health, and has been blessed with an abundant harvest. It is difficult to form an estimate, with any accuracy, of the present amount of the population of the Territory. From the sale of the public lands, the progress and increase of the settlements and improvements, and the number of emigrants who arrive among us, it is evident that our numbers have greatly increased, since the last enumeration. As our right of admission into the Union depends upon the amount of our population, it appears to me expedient to provide by law, for taking a census of the inhabitants, that our fellow citizens may be enabled to judge at what time application shall be made to Congress for that purpose. I shall be much deceived, if such a census does not exhibit a result, which will necess essarily bring before the people the consideration of this important question. It is a subject upon which, perhaps, it does not become the Legislative and Executive departments of the Territorial governments, to express an opinion. But it is important that the facts, pecessary to e just
determination of it, should be at all times before the community; and with this view, I recommend that provision be made for a cenShould the result of this measure correspond with the anticipations herein expressed, it will then be in the power of the people to apply to the general government for admission into the Union, under the laws which have guaranteed to us that high privilege. I need not advert to the considerations which render such a change desirable. They will be felt and appreciated by the citizens of the Territory.
I have only to add, that I shall cheerfully co-operate with you, in the accomplishment of all measures, calculated to promote the interests committed to our charge. LEW. CASS.
Detroit, Sept. 8, 1829."
The message having been read,
Mr. Irwin submitted the following resolution, which was adopted: Resolved, That three hundred and fifty copies of the Governor's Message, this day communicated to the Council, be printed in the English language, and one hundred and fifty in the French language, for the use of the members of the Council.
On motion of Mr. Noble,
Resolved, That the President of the Council be requested to invite the Clergymen of this City to attend at the opening of the Council, each week alternately, during the present session.
Mr. Lawrence submitted the following resolution, which was laid on the table:
Resolved, That the Treasurer of the Territory be directed to furnish the Council with a statement of the receipts and expenditures of the Territorial Treasury during the last year, the amount now due, and the cash on hand.
On motion of Mr. Drake,
Res ved, That each member of the Council be authorised to order for his use, any number of newspapers printed in the Territory, not exceeding twelve, during the present session of the Council; the expense of which shall be defrayed from the contingent fund appropriated by Congress for the expenses of the Council for the year. Mr. Trowbridge submitted the following resolution, which was laid on the table:
Resolved, That the following committees, appointed at the last session of the Legislative Council, be, and the same are hereby appointed standing committees for this session; and that they have leave to report on the unfinished business of the last session, and also on such business as may come before them by bill or otherwise,
Committee on the Judiciary.
Committee on Clúms.