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MESSAGES

1832

June 12, 1832

From Journal of the Legislative Council, p. 133

To the Honorable the President and Members of the Legislative Council

of Michigan:

Fellow Citizens:

It becomes my duty to inform you that I have returned to the Territory, and resumed the duties of the Executive Office. It has been to me a source of great mortification and regret, that I could not be present at the commencement of your session; and still more so, that I was not here when so much unnecessary alarm was created, in at least a part of our Territory, on account of the depredations of the Indians in a neighboring state. My absence, however, resulted from one of those casualties in life, which could neither be foreseen nor prevented; and I trust that when my own severe and protracted indisposition, and the afflictions with which it has pleased Providence to visit my family be known, they will furnish to your minds and the citizens of the Territory generally, a full justification of the delay which has taken place.

My health being now restored so far as to permit me to attend to business, permit me to assure you that it will afford me great pleasure to co-operate with you in the discharge of all the important duties which devolve upon, and in deciding upon the measures presented to the consideration of the "Governor and Legislative Council.

Although the object of this message be merely to announce the fact of my return to Detroit, I cannot conclude it without remarking, that from the best information which I can obtain, all apprehension from the Indians is at an end. The danger was greatly overrated, and there is every reason to believe that the operations of General Atkinson have, before this time, put an end to the disturbances on the Mississippi.

G. B. PORTER.

June 16, 1832

From Journal of the Legislative Council, pp. 155-6

To the President and Members of the Legislative Council of the Terri tory of Michigan,

Gentlemen-I have examined with care and attention the bill passed by your body, entitled "an act to authorize the building of a Toll bridge across the St. Joseph River," and regret that I cannot approve it in its present form. I am compelled by a sense of duty to return it without my signature.

A law granting to individuals the important privileges contained in this bill, should be well guarded, and contain some exceptions, which are considered so necessary, that they are now usually inserted in bills of this kind. Besides which the phraseology ought to be so clear and explicit as to leave nothing for construction. By this bill the exclusive right of erecting a bridge and taking toll, is secured to individuals for fifteen years, without any provision by which the grantees therein named, can be compelled to keep it in good order and repair. In this particular it is objectionable. It is also worthy of your consideration, as you will have the bill before you again, whether in all grants of this kind, there ought to be a proviso by which the Territory or county may, at any time, become entitled to the bridge, by paying to the grantees the amount which they shall have expended in the construction and repair of it from time to time, together with interest thereon in case the net amount of tolls should not have been equivalent to legal interest.

It seems to me that the language of the third section of this bill is not so plain as to prevent a difference of opinion as to what your intention may have been. Besides, the provision ought to be express, exempting from toll all persons going to, and returning from public worship, and the militia and volunteers when in the public service, or in going to, or returning from their places of training. Whether the Indians at peace and amity with the United States' Government, should not be permitted to pass free of toll, and whether pleasure carriages should not pay more toll than carriages of burden, will be for your consideration.

When you again shall have acted on this bill, I have no doubt it will be presented in such form as to receive my immediate approval. G. B. PORTER.

June 18, 1832

From Journal of the Legislative Council, p. 160

To the President and Members of the Legislative Council of the Territory of Michigan.

Gentlemen-On perusing the bill presented for my approval, entitled "An Act to incorporate Kalamazoo Academy," I find authority given to the trustees, to make all necessary by-laws and regulations &c. "provided the same be consistent with the laws of the Territory." Believing that the proviso ought to be "Provided the same be not inconsistent with the Constitution and Laws of the United States, or the Laws of the Territory," I beg leave to suggest it to you, and return the bill for your consideration without my signature.

G. B. PORTER.

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