Page:Journal of the Sixth Legislative Council of the Territory of Michigan.djvu/15

8.] and indeed indispensable alterations in the laws shall have been made.

By the act establishing Circuit Courts, approved April 15th, 1833, the county courts and the offices of the justices thereof, in the circuits within the Peninsula are abolished, and yet, for want of alterations in many of the old statutes, making them conform to the change in the courts, the county courts exclusively are authorized to exercise: certain powers and duties. It is not perhaps necessary that I should here point out the numerous instances in which the difficulty mentioned occurs. A general provision, investing the circuit courts in the several counties of the Peninsula with all the jurisdiction, powers and duties, which have heretofore, by any act now in force, been given to the county courts as formerly organized, would, it is believed, obviate the difficulty.

Some other alterations in the statutes relating to judicial proceedings, are necessary. Jurisdiction of the action of right should not be confined to the supreme court. It should be extended to the new circuit courts, in which I am gratified to find the people have the utmost confidence. Many other difficulties of minor importance can be better explained, in the free interchange of sentiment, for which I am prepared, during the session.

Connected with this subject, I beg leave to refer to my last message transmitted to the Council, for my views in regard to Justices of the Peace. Their jurisdiction is, in my opinion, too extensive.

Nor can I omit once more calling upon your body to make some adequate provision for the compensation of Jurors, while attending court. It is unjust to compel the attendance of persons as jurymen without allowing a sufficient compensation to subsist them while absent from home.

It is much to be desired that some further provision should be made for extending the benefits of education to every portion of the community. The adoption of a proper system in the present infant state of our territory, will secure incalculable benefits, not merely to the present, but to future generations. The subject is worthy of your most deliberate consideration.

The condition of the Public Roads is such as to demand our special attention. The laws with respect to their construction and repairs are defective. The advantages which would result to all from keeping them in better condition are obvious. The cost of the work would be trifling compared with the benefits to be derived. Many valuable improvements in the construction of roads, have lately been made; and a citizen of our own territory suggests one which in my opinion is worthy of a fair experiment. It is for you to determine what shall be done in the matter.

As immediately connected with this subject, permit me to call your attention to the laudable exertions now making by our citizens, in different sections of the territory, to procure the aid of the General Government, in the construction of a Rail Road through the peninsula. A liberal provision has heretofore been made for works connected with the internal improvement of this territory. Is there any subject more worthy of their fostering care than the construction of this Rail Road? A large revenue is derived from the sale of the public lands within