United States Statutes at Large/Volume 4/18th Congress/2nd Session/Chapter 6
Chap. VI.—An Act in addition to an act, entitled “An act to amend the ordinance and acts of Congress for the government of the territory of Michigan,” and for other purposes.[1]
Act of March 3, 1823, ch. 36.
The governor, &c. of the Michigan territory, authorized to divide it into townships, &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 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.
Election of county officers.
Proviso.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,Vol. i. 51. 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inconsistent with the provisions of this section, and as regard the Michigan territory, be, and the same are hereby, repealed.
The civil officers of said territory to be appointed by the governor, by and with the advice and consent of the legislative council.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.
Additional members of the legislative council to be also chosen by ballot.Sec. 4. And be it further enacted, That the qualified 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.
Same course to be pursued with writs of error, as in other courts.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 Untied States, where the amount in controversy shall exceed one thousand dollars, which shall be ascertained by evidence satisfactory to the court allowing the appeal.
Two of the superior judges to hold a court.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 a court to transact the business of said court.
So much of any law as contravenes the provisions of this act, repealed.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.
- ↑ See notes to the act of February 16, 1819, ch. 22, for the acts relating to the territory of Michigan.