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State Legislature: Michigan Legislature

State Legislature: Michigan Legislature image State Legislature: Michigan Legislature image
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April 30, 1846. Sknate. - Thequestion being on entering the protest of Mr. Fenton and olher senators on the journals. Mr. Howell ofiercd a resolution deelaring for various reasons therein set forth, founded upon the language and statements of the protest, that it bo not entered upon the journal, and that it bo returned to the senators signingthe same. Mr. Fenton inouired of tho chair whether the protest had not been entered upon the journal. The President replied that from reading the protest he should decide tliat it coulcl not be entered on the journal. Mr. Bush appealcd from the decisión of the chai f. The President briefly stnted the reasons for his decisión. The constitution gave the righl to senators to enter their protest ngainstthe passage of any act or resolution and no power could prevent it. But tliis paper goes behind tho passage, arraigns the previous action of the Senate, instead of confining itself to the passage and the reasons why it should not bicorne a law. For this reason he decided the paper not to be such a protest as that intended by the constitution, and honce he decided it could not be entered. Mr. Bush replied. Hè contended that the senators had a right to protest against the action of the Seríate on thfs resolution as tnuch as tho' the paper was'based upon the evils 1 kely to iluiv therefroin. The protestants had a right to use such íanguage as iliey pleased, and no power can rightfully prevent them from entering the protest upon the journals. If in the language used the rules wereiransgressed, those who signod the paper were Hable to (he Señale for such trausgression, and coüld be punished, bul still the protest must be entered. It is a constitutional right, given to a minority for their safety, and no power can tako it away. Mr. Smtlh thought the decisión of tho President wrong, and at some' length gave his reasons therefor. The queslion was furthe'r detfated by Messrs. Dentón, Fenton, Bush, Allen and Smith, in favor of revefsing the decisión, and by Messrs. ilowell, Littlejuhn, Green, and olhers, in favor ofsustaining llie chair, and the question being taken on suslaining the decisión of the chair, rcsulted as folluws : Yeas - Green, Halo, Howell, Littlejohn, Maynard, Robinson, Rix, Thurber, 'Videto-O. Nays - Allen, Bush, Coe, Dentón, Fenton, Smith, Williams - 7. So the docibiou of the President was sustained. The question then being on the resolution ofibred by Mr. Ilowell, to return the protest, it was opposed by Messrs. Bush, Fenton and Dentón. An amendment was oifered to strike out all after the word resolved and insert a proposition that any senator has tho right to enter his protest upon the journals, and the question turning on striking out, was lost. The resolution was then passed, as follows : Yeas - Green, Hale, ilowell, Littlejohn, Maynard, Rix, Thurber, Videto-8. Nays - Allen and Robinson - 2. House.- The House went into committee of the whole on title 21, of the revisión of courts nnd Judicial officers, with amendments reported by the select committee, under instructiems by the House. The amendments, Consist in abolishing the court of Chancery and adding chancery jurisdiction to the powers of tho circuit, the abolishment of the district court, nnd the establishment of a county court in each county, the county judge to be elected by the people at the general election ; this court to have original and exclusive jurisdiction in all civil suits where the amount in litigation exceeds one hundred dollars and does not exceed five hundred, excepting actionsof ejectment and cases cognizable by Justices of the Peaco ; the supremo court to mainlain its present organization ; appeals to be had from Justices Courts to the county court in civil proceedings with limitationssimilar to the law of '42; causes removed from the county court to the circuit court by certiorari, court of special sessions abolished ; various amendments made in the justlce act, and in the chapter of the probate courts. - The committeo reported the title back to the House with the various arriendments and the House concurred and ordered tha title to a third reading. May 1, 1846. Senate. - Much time was spent in an ellbrt to amend the journal of yesterday