Page images
PDF
EPUB

completion, has placed us in a new and delicate relation to the legislative and executive authorities of the Union. It is believed, however, that the difficulties presented by the new attitude assumed by the people of Michigan, will readily disappear before the light of examination and precedent, and that a course of forbearance and respect to the rights and powers of others, entirely consistent with our own, will smooth our advancement to the high destiny before us.

Next to the right of self-government and the enjoyment of civil and religious liberty, and essential to these, is the continuance of the union of the states. An ardent attachment to this union is interwoven with every patriotic feeling of the people of Michigan. Nor is there any danger that they will ever voluntarily sanction any measure to weaken its sacred ties. Authorized by the ordinance which gave them territorial being to form a state, with limits defined by that ordinance, and by other laws, they have performed the act which renders them sovereign and independent in relation to all the reserved rights and authorities of an American state. No legitimate proceeding of the general government can again reduce them to a territorial condition. The faith of the nation pledged, in the most solemn and binding forms, to their admission into the union on an equal footing with the original states, they may anticipate with reasonable confidence the early fulfilment of that pledge. In the mean time, it remains for us to perform all the duties which attach to the relations of a state with the union; to observe and respect all the general laws which apply to our changed condition; to avoid any legislation which may bring us into collision with the federal authorities, and to await with patience the final recognition of our equal sovereignty by the representatives of our sister states,

By the provisions of the constitution, which has just received the decisive sanction of the people, all laws now in existence in the territory of Michigan, not repugnant to this constitution, remain in force until they expire by their own

B

limitation, or may be repealed by an act of state legislation. All writs, recognizances, and other legal instruments, prosecutions and proceedings at law, are declared to be valid and binding. All officers, civil and military, holding territorial offices and appointments under the authority of the United States, continue to hold and exercise them until superceded under this constitution. I am not aware that the constitution, of itself, immediately supercedes any officer of federal appointment, except the governor and secretary of the territory. No inconvenience or detriment to the welfare of the state, or to the interests of the union, can arise from so partial a change. The administration and execution of the subsisting laws, will proceed without interruption. The judicial and other functionaries, deriving their commissions from the United States, will continue to enjoy their respective stations, and to perform their duties, until the legislature, giving due time for the legislation of congress on the subject of our admission into the union, may deem it expedient to organize a state judiciary, and to authorize the election or appointment of other officers, under the constitution. No intermission of harmonious action and co-operation between the local and federal authorities can be rationally anticipated.

A strict observance of the constitutional division between the powers of the several deparments of the government; a scrupulous desire to avoid any violation of the laws which we are bound to see faithfully enforced, or any executive interference with their administration by the judicial tribunals of the state; the exercise of no power not clearly conferred, or incidentally essential to its salutary and effective exercise, are cardinal points which it will be my pride, as it will be my duty, to regard with undeviating fidelity.

The early appointment of the senators to represent the state of Michigan in congress, and some provision to supply vacancies in local offices, which may be produced by resignation or otherwise, will necessarily occur to the senate and house of representatives, without any special suggestion from the executive on the subject.

The consideration of the general affairs of the commonwealth; the adaptation of the laws to the altered position of Michigan; measures for the development of her fertile resources, for the application of these to the purposes of education and improvement, and all the other interests which come within the province of legislation, for the advancement of the happiness and prosperity of our beloved state, may perhaps be safely and judiciously postponed to a future, yet not distant, day.

It remains, fellow citizens, that faithful to ourselves, and to our own rights and liberties, we fervently supplicate that Divine Being, who holds in his hands the chain of events and the destiny of states, to enlighten our minds, guide our councils, and prosper our measures, so that whatever we may do shall result in the welfare and tranquility of the people of Michigan, and shall secure to us the friendship and approbation of the nation.

On motion of Mr. Barry, the joint convention adjourned. IN SENATE.

12 o'clock, M.

The senate having resumed their seats in the senate chamber,

On motion of Mr. McDonell,

A committee was appointed to wait on the Lieutenant Governor, and conduct him to the chair.

Messrs. Durocher, Stockton, and Rumsey, were named the said committee, and accompanied the Lieutenant Governor to the chair.

Mr. Davis offered the following resolution, which was adopted.

Resolved, That a committee of five be appointed by the chair, to draft rules and regulations for the senate.

The president announced the following members to compose the said committee:

Messrs. J. D. Davis, Olmsted Hough, John S. Barry, Henry Rumsey, John Stockton.

Mr. Comstock laid the following resolution on the table:

Resolved, That a committee be appointed, composed of one member from each district, to report, at the next meeting of the senate, the names of suitable persons to fill the different offices necessary.

The president then announced the receipt of a communication from the Hon. John Biddle, president of the convention to form a constitution and state government.

Mr. McDonell moved the same be spread on the journal.

(See Senate document No. 1.)

The senate then adjourned to 10 o'clock A.M. to-morrow. WEDNESDAY, November 4, 1836.

The senate having met, pursuant to adjournment, at 10 o'clock, A.M.

Mr. Barry informed the senate of the necessary absence of the Lieutenant Governor, and announced the consequent vacancy of the chair.

On motion of Mr. Stockton,

Mr. John S. Barry was appointed president of the senate, pro tem.

On motion of Mr. Comstock,

Leave was granted him to withdraw his resolution of yesterday, relative to the mode of nominating the necessary offi

cers to the senate.

Mr. Durocher offered the following resolution, which was adopted:

Resolved, That the return or abstract, together with the aggregate amount of the votes given in the several counties of this territory for governor and lieutenant governor of the state of Michigan, be placed on record in the journal of the senate; and also the returns of the county clerks of the several counties in this territory, of the election of said officers; together with the proceedings of the senate and house of representatives in convention, respecting the election of said officers.

(See Senate document No. 2.)

Mr. Davis, from the committee to draft rules and regula

tions for the government of the senate, made a report thereupon, which was ordered to lie upon the table, and that 50 copies be printed.

Mr. McDonell laid the following resolutions upon the table: Resolved by the senate and house of representatives. That both houses of the legislature will meet in the representative hall, on the day of at 4 o'clock, P.M., and then and there proceed, by joint vote, to elect two senators to the congress of the United States, and that a majority of the votes of the members present be necessary to a choice.

Mr. Britain gave notice that, at a future day, he would ask leave to bring in a bill to organize the township of New Buffalo, in Berrien county.

On motion of Mr. Durocher,

The following resolution was ordered to lie on the table for one day:

Resolved, That à committee of two members be appointed to act jointly with such committee as may be appointed by the house of representatives, to be denominated a committee of accounts and expenditures, and no articles shall be furnished, or charge allowed as forming any part of the contingent expenses against the present session of the senate and house of representatives without the express order and sanction of said committee, or the order of either house of the legislature, and that the house of representatives be informed thereof and their concurrence therein requested.

Mr. Hascall offered the following resolution:

Resolved, That the officers of the senate shall consist of one secretary, one engrossing and one enrolling clerk, one sergeant at arms, one door keeper; and that a majority of all the members present shall be requisite to constitute an election.

Mr. Britain moved to amend the resolution by inserting the words 'recording clerk,' and striking out the words 'door keeper.'

« PreviousContinue »