the consideration of the bill to amend an act entitled an act to regulate taverns; when, On motion of Mr. Kingsley, Ordered, That the bill be recommitted to the committee on Ter riterial Affairs. The Council resumed, as in committee of the whole, the c nsideration of the bill to set off and organise the township of La Fayette, in the county of Monroe. The bill having been reported, On motion of Mr. Durocher, Ordered, That it be engrossed and read a third time to-morrow. The bill amendatory to an act to raise a sum of money by Lottery, for the purpose of establishing a free communication by land between the city of Detroit and village of Monroe, was taken up for a third reading. Mr. Stockton moved that the further consideration of the bill be postponed until the next session of the Council. The question being taken, the motion was lost. The bill having been read a third time ; On motion of Mr. Bartow, it was amended, by striking out the word "one," in the 9th line of the 4th section, and inserting in lieţi the word "two." On motion of Mr. M'Donell, the blanks in the bill were seve rally filled with the names of "Orville Cook and John Haie.” Mr. M'Donell moved that the bill pass. The question being taken, it was determined in the negative. Mr. M'Donell requiring the ayes and nays: Those who voted in the affirmative, are, Messrs. Brown, Drake, Durocher, Irwin, Le Roy, M'Donell-6. Those in the negative, are, Messrs. Bartow, Fletcher, Kingsley, Lawrence, Schoolcraft, Stockton, Edwards-7. So the bill was rejected. The Council adjourned. FRIDAY, July 23, 1830. The following petitions and papers were presented: By the President: A proposal from Thomas Palmer, to donate, under certain conditions, land for the use of the contemplated Penitentiary. Ordered, That it lie on the table. By Mr. Stockton: The petition of Ira Marks and others, for permission to build a mill, &c. on the River St. Clair. Referred to the committee on the Judiciary. By Mr. Fletcher: A memorial from John P. Sheldon, in relation to a fine imposed on him by the Supreme Court, for contempt. Referred to the Judiciary committee. Mr. Le Roy, from the special committee appointed for that pu pose, made a report, upon the causes of the failure of the Bank of Monroe, as follows: The special committee, who were required to inquire into causes of the failure of the Bank of Monroe, in this Territory, have received from the officers of that Bank the annexed statement, which the committee believe correct, and submit the same as a part of their report:- BANK OF MONROE, To the Hon. Daniel Le Roy, Chairman of the special commitee appointed by the Legislative Council on the 26th ultimo, to in quire in o the cause of the failure of the Bank of Monroe, &c. SIR- he officers of the Bank beg leave to submit the following statement and reasons, to wit: which if the institution could realise, would leave a surplus of $11,137 39-100, (after paying the debts due from the Bank,) to divi le among the holders of Stock. As the cause of failure, we assign the following:-Thomas Bell, the principal Stockholder, was on the 27th Oct. 1828, appointed an Agent for he Bank to make arrangements abroad for establishing a credit for the paper, and to do all and every thing in his power to effect so desirable a result, and to accomplish the same he received from the Bank, of is own Bills, from time to time, large amounts, for which he has never accounted, leaving a balance against him more than sufficient to redeem all the paper now in eirculation, Inmediately after the failure, the Directors of the Bank despatched an agent to the State of New-York, where Mr. Bell resides, with full power to collect or secure the payment of the balance due from him, the result of which was that he was arrested in the county of Onei a, State of New-York, at the suit of the Bank, which suit is yet pending. He had in his possession at the time of his arrest $16,000 of Monroe bills, which has since been placed in the hands of another person, and the matter so arranged as to put the bills beyond his control, as we are advised by the Attorneys for the Bank, So that the actual amount in circulation is but $10,866. In conclusion, we would state, that there is a prospect of realising at a future day, enough from debts due and property belonging to the Bank, to fully redeem all its Bills. All of which is respectfully submitted. OLIVER JOHNSON, Directors Attest: F. HINCHMAN, Clerk. Ordered, That the report lie on the table. Mr Stockton, from the committee on Territorial Affairs, to whom was referred the inquiry into the expediency of establishing the office of County Auditor, made a report as follows: The committee to whom was referred a resolution inquiring into the expediency of establishing the office of County Auditor, have had the same under consideration, and respectfully report : That the object contemplated by the resolution, is to give this officer the supervision of the collection of all taxes when the collection of the same shall require the sale of real estate, the sale of which will seldom occur unless in the case of non-residents; and none will doubt the propriety and expediency of the provision contained in our laws, compelling non-residents to contribute their proportion of the expenses of county and township charges, including the highway tax; otherwise it would be an act of manifest injustice to the resident. The latter would have not only to encounter all the privations attendant upon the settlement of a new country, but would have to bear all the burden of taxation, and by his own money and labor enhance the value of the estate of the former. But in carrying into successful operation this wholesome law, by imposing equal taxation, and enforcing the collection of taxes by the sale of real estate, it becomes necessary that the rights of all congerned should be sufficiently guarded. The time has arrived, when under the provisions of our law, the County Treasurers are authorised to sell real estate for the payment of taxes, and with it the foundation of a fruitful source of litigation between the purchasers and owners of land thus sold, unless properly guarded. Your cominittee are deeply impressed with the importance of this subject to this Territory, and are satisfied that the present law does not sufficiently secure all parties in their just rights-there is no provision compelling the Treasurer to keep a fair and correct record of his proceedings; and in the sale of real estate for any purpose, nothing can be more important, than that there should be a record of all the proceedings had therein. Your committee would recommend the creating the office of County Auditor, and give to this officer the necessary power to carry into effect one of our best statutory provisions. They would also recommend that this officer be authorised to prosecute for the recovery of all fines, penalties, and forfeitures, and cause the same to be paid into the County treasury, and to examine and audit the accounts of the Treasurer previous to his annual settlement with the Supervisors, and to make report annually to the Supervisors of his official acts. This would form a chain of official responsibility that would ensure the collection and payment of all taxes, and the prosecution for all fines, penalties, and forfeitures, and the payment of the same into the treasury, when collectable; and by making a further provision, requiring the Supervisors to publish annually a statement of the concerns of their respective counties, the people would better understan L the manner in which their concerns have been managed, and give to them what is their right, a check as well as full power over their public servants. Your committee would further recommend, that inasmuch as the proposition is one making new previsions in the several laws now in force, that the further consideration of the subjects herein allowed to be postponed, until the next session of the Legislative Council. Ordered, That the report lie on the table. Mr. Schoolcraft, from the committee appointed to confer with the Corporation of the City of Detroit, submitted a report and resolu tions, as follows: The special committee appointed to confer with the Corporation of the city of Detroit have performed the duty assigned to them, and respectfully report : That the Corporation have under consideration a proposition to 'construct a paved walk 15 feet wide, from the intersection of Fortstreet to the Capitol, requiring about 800 yards of pavement. The expense of procuring materials and laying the pavement, is estimated to exceed $500, exclusive of the sum necessary to extinguish private claims to some lots lying in the route of the proposed paveinent. The total expense, including the purchase of these lots, is estimated at not less than one thousand dollars. Connected with this improvement, public utility requires the enclosure of the area upon which the Capitol stands, the graduation of the ground, and the planting of trees. The committee do not hesitate to express their decided opinion in favor of these improvements, and they beg leave to submit the following resolutions: Resolved, That the committee on Expenditures be directed to appropriate a sum equal to the amount of interest due on certificates issued by the Council, to be applied, under the direction of the Governor and Secretary of the Territory, in aid of the funds of the Corporation, in making a paved walk from Fort-street to the Capitol, and planting the same with trees. Resolved, That the Governor and Secretary of the Territory, be authorised to contract for the enclosing the area of the Capitol, graduating the ground so as to secure the permanency of the wer walls, and setting cut trees; to be paid for, out of the contingent fund allowed for the next session of the Council: Provided, That the expense of such improvement shall not exceed dollars. Resolved. That the sum necessary to meet the expenses contemplated in the foregoing resolution, be added to the estimate of the expenses of the Legislative Council for the year 1831. Ordered. That the report and resolutions lie on the table. A bill to amend an act, entitled an act concerning Grand and Petit Jurors, approved April 12, 1827; and, ry. A bill in addition to the several Probate Laws of this Territo Sand bills were read the first time and ordered to lie on the table. Mr. Bartow moved the reconsideration of the vote, taken yesterday, on the passage of the "bill amendatory to an act to raise a sum of money by Lottery, for the purpose of establishing a free co su mumeation by land between the city of Detroit and village of Monrue." The question to reconsider, being taken, it was decided in the aformative. The bill being before the Council; On n motion, Ordered, That it lie on the table. The bill for laying out and establishing certain Territorial Roads, was taken up. On motion of air. Drake, the bill was amended, by inserting the following, to stand as the 5th and 6th sections thereof: "SEC. 5. That there shall be laid out and established a Territorial Road, commencing where the township road laid out by the Commissioners of Oniwa township, Cass county, from Pleasant Lake, in a direction to Pulaski in Indiana, intersects the southern boundary line, between the Territory of Michigan and State of Indiana thence on the road lnd out as aforesaid, until it intersects the Chicago Road a few rods east of the post-office, near the house of Ezra Beardsley-running thence, on the most practicable and eligible route, to the entrance of the River St. Joseph into Lake Michigan. SEC. 6. That be and they are hereby appointed Commissioners, with full power and authority to lay out and estab lish said Road." On motion of Mr. Drake, Ordered, That the bill be engrossed and read a third time on Tuesday. The bill to establish the Penitentiary of Michigan, was read a second time; and, On motion of Mr. Fletcher, the further consideration of said bill was postponed until the next session of the Council. Ayes, 9; Nays, 4. Mr. M'Donell requiring the ayes and nays: Those who voted in the affirmative, are, Messrs. Bartow, Durocher, Fletcher, Irwin, Kingsley, Lawrence, Schoolcraft, Stockton, Edwards-9. Those in the negative, are, Messrs. Bartow, Drake, Le Roy, M'Donell-4. The bill to provide for the inspection of Flour, Beef, Pork, and Fish, was taken up. |