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AN ACT IN ADDITION TO AN ACT, ENTITLED

66 AN ACT TO AMEND THE ORDINANCE AND ACTS OF CONGRESS FOR THE GOVERNMENT OF THE TERRITORY OF MICHIGAN," AND

FOR OTHER PURPOSES. Be it enacted by the Senate and House of Representatives of the United States of America, in.Congress assembledThat the governor and legislative council of the territory of Michigan be, and they are hereby, authorized to divide the said territory into townships, and incorporate the same, or any part thereof; to grant, define, and regulate the privileges thereof, and to provide by law for the election of all such township and corporation officers, as may be designated within the same. SEC. 2.

And be it further enacted, That all county officers within said territory shall be hereafter elected by the qualified electors residing in each county, at such time and place, and in such manner, as the said governor and legislative council may from time to time direct: Provided, That nothing in this section contained shall authorize the electors aforesaid to elect any judge of any court of record, or clerk thereof, or any sheriff, or judge of probate, or justice of the peace. And that so much of the ordinance of Congress, passed July the thirteenth, seventeen hundred and eighty-seven, and of the laws of the United States, as are inconsistent with the provisions of this section, and as regard the Michigan territory, be, and the same are hereby, repealed.

Sec. 3. And be it further enacted, That the governor of the said territory shall nominate, and, by and with the advice and consent of the said legislative council, shall appoint, all. other civil officers in said territory, except such as are appointed by the President of the United States, by and with the advice and consent of the Senate of the same. And the governor of the said territory shall have power to fill all vacancies in the offices required to be nominated by him, which may happen during the recess of said legislative council, by granting commissions, which shall expire at the end of their next session.

SEC. 4. And be it further enacted, That the qualified

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electors of said territory shall, at their next and every subsequent election for members of their legislative council, choose, by ballot, eight persons, having the qualifications of electors, in addition to the number now by law authorized; and the names of the twenty-six persons, so elected, shall be transmitted by the governor of said territory, to the President of the United States, immediately after said election, who shall nominate, and by and with the advice and consent of the Senate of the United States, appoint, therefrom, thirteen persons; which said thirteen persons shall compose the legislative council, any nine of whom shall form a quorum to transact business; and all vacancies occurring in said council shall be filled in the same manner, from the list transmitted as aforesaid. The members of the said legislative council shall receive three dollars each per day, during their attendance at the sessions thereof, and three dollars for every twenty miles in going to, and returning therefrom, in full compensation for their services; which shall be paid by the United States.

Sec. 5. And be it further enacted, That appeals and writs of error shall lie, from the decision of the highest judicial tribunal of said territory, to the Supreme Court of the United States, in the same manner, and under the same regulations as do lie and are taken from the circuit courts of the United States, where the amount in controversy shall exceed one thousand dollars, which shall be ascertained by evidence satisfactory to the court allowing the appeal.

SEC. 6. And be it further enacted, That not less than two judges of the supreme or superior court of said territory, shall hereafter hold court to transact the business of said court.

Sec. 7. And be it further enacted, That so much of any ordinance or law of the United States as contravenes the provisions of this act, so far as respects the territory of Michigan, be, and the same is hereby, repealed. Approved, February 5, 1825. - Reprinted from U. S. Statutes at Large, Vol. IV., p. 80.

AN ACT TO ALLOW THE CITIZENS OF THE TERRITORY OF

MICHIGAN TO ELECT THE MEMBERS OF THEIR LEGISLATIVE .

COUNCIL, AND FOR OTHER PURPOSES. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That at the next, and at each succeeding election of members of the legislative council of the territory of Michigan, the qualified electors of the said territory may, instead of choosing twentysix, as heretofore directed, elect thirteen fit persons as their representatives, in the manner, and with the qualifications now, or hereafter to be, prescribed by law; which said representatives, so elected, shall be and constitute the said legislative council. And for the purpose of securing an equal representation, the governor and legislative council of said territory, are hereby authorized and required to apportion the representatives, so to be elected as aforesaid, among the several counties or districts, in the said territory, in proportion, as near as may be, to the whole number of inhabitants in each county or district, exclusive of Indians not taxed.

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SEC. 4.

And be it further enacted, That no member of the legislative council shall be eligible to any office created, or the fees of which were regulated by a law or laws passed whilst he was a member, during the period for which he was elected, and for one year

thereafter. SEC. 5. And be it further enacted, That all laws, and parts of laws, in so far as the same shall be inconsistent with the provisions of this act, are hereby repealed; and, further, that Congress have the right, at any time, to alter or repeal this act.

Approved, January 29, 1827.
--Reprinted from U. S. Statutes at Large, Vol. IV., p. 200.

THE LEGISLATIVE POWERS OF THE GOVERNOR AND JUDGES OF THE TERRITORY

OF MICHIGAN.

THE PREFACE TO WOODWARD'S CODE.

Washington, May 8, 1806. I HAVE the honor to communicate to the secretary of state the constructions which the governor and judges of the territory of Michigan have been compelled to give to their powers of legislation, in the course of exercising them. The operative words of the ordinance are, the governor and

, the judges, or a majority of them, shall adopt and publish such laws of the original states, civil and criminal, as may be necessary, and best suited to the circumstances of the district.

This provision has been deemed to constitute a kind of legislative board, composed of the governor and the three judges, any three of whom are considered to form a quorum, and of which quorum the votes of any two determine a question,

It has not been unknown that a different construction has obtained in other territories; that the words, or a majority of them, have been construed to apply to the judges only; and that without both the presence and concurrence of the governor, no law can be passed.

In the territory of Michigan the construction has been unanimous, that, in this form of government, the governor is a component member of the legislative board, and is entitled to be president of it; but that the other members may act without the governor, and that their votes carry a question against the concurrence of the governor. On this account the laws are clothed with the signature of all the members of the government, whether unanimously passed or not.

Under the term laws, all parts of laws have been deemed to be included. Hence it has not been thought necessary to adopt the whole of a law from one state. It has been deemed

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sufficient that all the parts of any law are sanctioned by the provisions of some of the states.

A doubt arose whether the term original states permitted the adoption of laws from states created subsequent to the date of the ordinance.

On this point the construction has been that the term original, as affecting the territory of Michigan, has the same force as if used in the act constituting that territory. The states existing previous to the erection of this territory, have been deemed with respect to it, original states, and the very states which, by their concurrence in this law, originated this territory. Laws have, therefore, been adopted from states created since the passage of the ordinance, and anterior to the erection of the territory; though it has been conceived not proper to adopt the laws of any state which may be created subsequent to the establishment of the territory.

The discretion vested under the term necessary, has been construed to impart the power of omitting any part of a law whatever; and with respect to all geographical designations, all expressions of time, and of number, all sums of money, all official or personal descriptions, and some other points of a similar nature, it has been indispensably necessary to change, with perfect latitude, the law adopted, in order to render it, in any respect, suited to the circumstances of the district. These terms have, therefore, become a formula; which may, in some measure, apologize to the mind of him who after so many mutations is scarcely able to recognize in the child adopted, the lineaments of the parent which gave it birth.

An express statutory power is given to repeal laws. Hence a repealing law, becomes a law made, and not a law adopted; and after any part of a law has been repealed, the repealing law proceeds to render the remainder of the law consistent with itself.

So all legislation exercised under express acts of congress, ceases to be the adoption, and becomes the making of laws.

Doubts have existed, whether there was authority to adopt

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