the offences for malicious injuries to property, whether public or private, specified in chapter 94 of the revised statutes, is just as reasonable and proper as the authority so to try the offences of the same character named in section 53 of the act of 1827. Laws of 1843. 46.

What did the convention intend? They might have intended, (and such I think was their intention,) to authorize a summary proceeding in all cases of the character of offences then cognizable by justices of the peace, that is to say, in cases of simple larceny and in cases of pett y misdemeanors. I think that the language of the exception, "except in cases cognizable by justices of the peace," is capable of this construction, and that the reason and spirit of the provision fully authorize it.

The corresponding provision in the constitution of Maine, is, I believe the only one among our state constitutions, which is expressed in about the same terms. There, the language is, "except in cases of impeachment or in such cases of offences as are usually cognizable by a justice of the peace."

This language is, I think, descriptive of the character of the offences coming within the exception and not of their identity. The convention of this state might have intended to express the same meaning in fewer words.

The language in our constitution is "except in cases;" if it had been the cases, it would have been descriptive of identity; and if the convention had so intended, such would have been their language.

If they intended to except from the operation of a general rule particular cases, they would have specified them in some way, either by naming them, or referring to them as the cases to be excepted. "Except in cases," has a broader signification; in common parlance, it refers to character and not to identity.

It may be asked, whether under this construction of this exception, it is competent for the legislature to give to justices of the peace cognizance of cases of larceny, where the value of the goods stolen exceeds twenty dollars. The answer is, that in this State, there is no distinction between grand and petit larceny, as that distinction depended upon the punishment at common law; that being capital in the one case, and not in the other; and therefore, so

far as the character of the offence is spoken of or referred to, the amount or value of the property stolen is immaterial; that all offences of simple larceny are of the same character; that if the language of this exception is descriptive of the character of the offence, and the offence of simple larceny, where the value of the property stolen did not exceed twenty dollars, was cognizable by justices of the peace; that other cases of simple larceny; where the value of the property stolen exceeds that amount, being of the same character of crime, come within the exception.

It may be said that the language of the exception may well be construed to embrace all cases which the legislature may see fit to make cognizable by justices of the peace; that although the convention intended to secure to all persons charged with criminal of fences, the proceeding by indictment, except in the excepted cases, they did leave to the legislature the power to determine, in its discretion, what offences should be made cognizable by justices of the peace.

In several of the States, there is no constitutional provision upon this subject; the whole matter is left to the discretion of the legislature. The convention which framed our constitution would not, I think, be liable to any charge of inattention to proper constitutional guaranties, in favor of the people, if they intended by this provision to secure to the accused the proceeding by indictment, except in cases which the legislature might make cognizable by justices of the peace.

I know it is said that if this construction be granted, the efficacy of the constitutional guaranty, is gone at once; that you take away all restriction over legislation upon this subject. This is not so. The legislature cannot take away from the accused the right of the proceeding by indictment, in the courts of record-where it was a common law proceeding, it must remain so.

The constitution has reference only to justices courts, and proceedings therein; and the spirit of the provision is that in those courts in all such cases as may be cognizable therein, the proceedings by indictment may be dispensed with. That the legislature might abuse this discretion; that they might be guilty of the great absurdity of making murder, or other highly penal offences cogni

zable before justices of the peace, was not probably within the contemplation of the framers of the constitution. It is not probable that they will do so; their mere power to do so, is not, to my mind a sufficient argument against this construction.

By acts of parliament, many offences of this character were made cognizable by justices of the peace, and under proceedings much more summary than by our law-and this is said by Blackstone to be for the ease of the subject, by doing him speedy justice.

There are similar laws in most, if not in all of the States. It is in the language of the constitution of Maine, a usual proceeding; and I refer to these legislative enactments as just indices to the spirit and reason of the provision as we find it in our constitution. My opinion then is that chapter 94 of the Revised Statutes of 1846, is constitutional.

Very respectfully, yours, &c.,

ATTORNEY GENERAL'S OFFICE,

Michigan, February 7, 1848,

E. MUNDY,

Attorney General.

The committee on banks and incorporations, to whom was referred the petition of H. H. Comstock, asking for the charter of a Bank, with a capital of one hundred thousand dollars, to be located at Otsego, in the county of Allegan. Also, sundry petitions from citizens of the state, praying for a renewal or extension of the charter of the Farmers' and Mechanics' Bank of Michigan, have, upon a careful examination of the subject, directed me, as their chairman, to return them to the Senate, and to recommend that the petitioners have leave to withdraw the same. And also, to submit for your consideration the following report, adverse to the prayer of the petitioners.

There is, perhaps, no subject, since the formation of our government, which has occupied so much of the public mind, or which has cost the people of the United States so much money as that of BANKS.

Long and severe was the struggle between the monied power of the United States Bank and the government of the United States. Nor will the people of these States, very soon forget the debt they owe to that distinguished individual, to whom, under the Divine Providence, they owe their deliverance from the power that institution.

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As long as there exists a single Bank in any State of this]Union, the name of Andrew Jackson will remain a tower of strength, to cheer and encourage onward, the enemies of Banks, and the friends of a good and sound currency.

No statesman in the Congress of the United States, has, at present, or will, we trust, ever have sufficient popularity to sustain him

self, in avowing his desire to see another United States Bank established. But such is not the case with the members of our State legislatures. With these, the struggle between the monied power of Banks and the people, has yet to take place; and it is a source of regret, that so little of the spirit of that great and good man, upon the subject of Banks, is manifested at the present day.

It is not to be expected that capitalists, without a long and severe struggle, will relinquish the plan of making money out of, and by the aid of Banks. The advantages to be derived from a control of the circulating medium, in a country where there is so much enterprise as exists in the United States, are too important to be yielded up, until all the influence which inteligence and money can bring to bear, has been exhausted.

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The arguments which they present to us in favor of the utility, and even as to the necessity of Banks, are so ingeniously framed as to become almost irresistable to the money begetting propensities of this money making age. The calm deductions of reason upon subject, are lost in the glare and brilliancy of the promised fortunes to be realised by the increase and perpetuity of Banks. So infatuated indeed, have we been, and are, even now, in many of the States of this Union upon this subject, that Banks are regarded as the ready means, not only of using capital already created, but as a means of creating capital for use. Men without capital, and often without credit, regard a bank charter as the unfailing, and only means for the acquisition of both.

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In view of the various applications now before us, for bank charters, and for the extension of those already in existence; and in view of the importance of the subject to the people of this state,

our committee ask the indulgence of your honorable body, while they present for consideration the views which they have long entertained upon the subject of a circulating medium, made up prin cipally of bank notes.

The object of a circulating medium, in all trading and commercial communities, is, to furnish a safe and convenient article, or commodity, by the use of which, exchanges of property may be effected.