- ~^ Calvert Lith. Co Detroit. ^^^^^^Sgp^^^S^^^^^^^f-? T EC IE Government of Michigan, . ITS HISTORY AND JURISPRUDENCE. ALSO, A BRIEF OUTLINE OF THE yernmeiil of the United States. By CHARLES R. BROWN II Second Edition, Revised and Corrected IB ^ST THE AUTHOR. PUBLISHED BY MOORE & QUALE* Kalamazoo, Michigan. 1874 .Usa Entered according to Act of Congress, in the year 1874, by CHARLES R. BROWX, in the Office of the Librarian of Congress, at Washington. Ene-.-.^nge "Western Ont. Univ. Library APR 1 7 1940 TABLE OF CONTENTS. GOVERNMENT OF MICHIGAN. CHAPTER. PAGE. 1. History of Michigan. Origin of the Name — Explorations and Labors of the French Jesuits, 9 2. French Missionaries and Traders—Establishment of Military and Trading Posts — Surrender of the Territory to the Eng- lish— The Pontiac War, 11 3. Indian Hostilities — Michigan and the Northwestern Terri- tory— War of 1812, ....-.., 13 4. Michigan as a Territory — The University — Treaties with the Indians — Governor and Judges — Legislative Council, 15 5. The Toledo War — Settlement of the Difficulty by Congress, 17 6. Michigan as a State — Banking — Internal improvements, 18 7. Extent of Territory — Resources of the State, . 22 8. Governors of Michigan, . - .23 P. Michigan During the Rebellion, ... 24 10. Origin of the Names of Counties — Dates of their Organiza- tion, 25 11. Of the Survey of the Public Lands — Subdivisions of Town- ships and Sections, 32 12. Of the Organization of Government, and the Exercise of Sovereignty, 36 13. Of Laws and their Necessity — Rights and Duties, . 87 14. Of the Different Forms of Government — Constitutions, and the Purpose they Serve, 38 15. Government of Michigan — Division of the Powers of Gov- ernment, . 10 10. Election of State, County, and Township Officers, - .41 IT. Qualifications of Electors — Naturalization of Foreigners, 42 18. Elections, how Conducted — Challenge of Persons Offering to Vote, 46 19. Of Elections (continued) — Canvass of Votes and Return of Statements, , 47 20. Of Elections (continued) — Proceedings in Case of a Tie Vote — Canvassers — Constitutional Amendments, . 48 IV TABLE OF CONTEXTS. CHAPTER. TAGE 21 How the President and Vice-President of the United States are Elected, 50 22. Of the Legislative Department — Its Powers and Duties, . 51 23. Of the Enactment of Laws — Election of United States Senators, .53 24. Executive Department — Duties of the Governor and other Officers, 56 25. Of State Officers and their Duties (continued) — Auditor- General — State Treasurer — Commissioner of the Land Office — Superintendent of Public Instruction —Attorney- General, . .58 26. Of State Boards and Commissioners, 00 27. Of Counties and County Officers, G5 28. Of County Officers — County Treasurer — Judge of Probate — Prosecuting Attorney — County Clerk — Sheriffs,. 67 29. Of County Officers (continued) — Coroners — Register of Deeds — County Surveyors — County Superintendent of Schools, . 60 30. Of County Officers (continued) — Circuit Court Commission- ers — Superintendents of County Poor — Notaries Public — Inspectors of Provisions and other Merchandise, . 71 31. Of Townships and Township Officers — Supervisor — Town- ship Clerk — Township Board — Township Treasurer — Constables, 72 32. Of Township Officers (continued)— Commissioners of High- ways — Overseers of Highways — School Inspectors — Pound-Masters, 74 33. Cities and Villages, 75 3-4. Of the Military Department — State Troops — General Offi- cers — Organization of Regiments — Regimental and Company Officers, 77 35. Of the Judicial Department — Justices' Courts — Jurisdic- tion — Commencement of Suits — Incidents of a Trial, . 79 36. Of Jury Trials — How Judgments are Executed or Satisfied — Criminal Jurisdiction of Justices of the Peace, . 83 37. Of Proceedings before Justices of the Peace, in Criminal Cases, S5 38. Probate Courts — Their General Duties and Powers — Cir- cuit Courts and Supreme Court — Their Duties and Powers, ... 88 39. Public Instruction — District Schools — School Officers, their Powers — Penalty for Failure to Send Children to School 02 40. The State Normal School — State University — Agricultural College — State Public School, 94 41. Of Benevolent Institutions, . ... 90 42. Penal and Reformatory Institutions, 98 43. Assessment and Collection of Taxes, 100 TABLE OF CONTEXTS. V CHAPTER. PAGE. 44. Title to Real Property by Descent, 103 45. Of Weights and Measures, 107 46. The Public Health 109 47. Of Fences and Fence-Viewers — When no Damages Allowed for Injuries by Trespassing Animals, 110 48. Money and Interest, . .111 49. Of the Support of Poor Persons, 112 50. Of the Lien of Mechanics and Others, 114 51. Domestic Relations — Registration of Births, Marriages, and Deaths — Divorce, 118 52. Of the Domestic Relations (continued) — Husband and Wife — Rights of Married Women, . 121 53. The Internal Police of the State — Of Disorderly Persons — Who Required to Give Security for Good Behavior, . 123 54. Of the Observance of the Sabbath — Gaming and the Penal- ties Therefor, 124 55. The Law of the Road — Conduct of Drivers — Destruction of Timber Marks, 127 56. Lost Goods and Stray Beasts, 129 57. Running at Large of Animals — Unclaimed Property — The- atrical Exhibitions and Shows — Gunpowder — Dogs — Sheep, 131 58. Laws for the Protection of Fish, . ... 135 59. Of the Protection of Game, Song Birds, and Musk-Rats, . 138 60. Trespass upon Cranberry Marshes—Canada Thistles, Destruc- tion of, 142 61. Intoxicating Liquors —Manufacture and Sale of, Prohibited, 143 62. Of Crimes and Misdemeanors — Treason — Murder — Duels — Manslaughter — Maiming — Robbery — Malicious Threats— Marriage under Duress or by Force —Unlawful Imprisonment — Kidnapping, 147 63. Of Crimes and Misdemeanors (continued) — Attempts to Poison — Taking or Enticing Children Away from Pa- rents or Others — Abandonment of Children — Careless Use of Fire-arms 150 64. Of Offenses Against Property — Burning Buildings and Other Property — House-Breaking, etc. — Larceny — Re- ceiving Stolen Goods — Embezzlement, .... 151 65. False Representations and Pretenses — Destruction and Fit- ting Out of Vessels, with Malicious Intent — Malicious Injuries — Burglar's Tools — Larceny in Other States — Injuries to Shade Trees — Of Certain Trespasses, . 153 66. Of Offenses Upon, and in Relation to Railroads and Cars, . 155 67. Of Forgery and Counterfeiting, 156 6b. Of Offenses Against Public Justice — Perjury — Bribery — Escape of Prisoners — Duties of Officers and Others in Arresting Offenders, 158 69. Of Certain Offenses — Falsely Assuming to be a Public VI TABLE OF CONTENTS. CHAPTER. PACE^ Officer — Concealing or Compounding Offenses — Extor- tion by Officers — Resistance to Officers — Riots — Moles- tation of Laborers, 161 70. Offenses Against Chastity, Morality, and Decency, . 162 71. Of Offenses Against Public Policy—Lotteries —Telegraphic Messages —"Offenses Against Election Laws — Cruelty to Animals, 165 GOVERNMENT OP THE UNITED STATES. CHAPTER. PAGE* 1. Colonial Governments — Government Lender the Articles of Confederation — Organization of the Federal Government, 169 2. Executive Department of the Government of the United States — The Different Secretaries and their Duties, . 172 3. Legislative Department of the Government of the United States, 173 4. Judicial Department of the Government of the United States, 174 PREFACE The object of this work is to supply a want long felt and now fully recognized by the people. Books have been writ- ten on the science of government, which have gained admit- tance into our schools; and many of our youth have, in this way, acquired much valuable information. They have learned some of the first lessons of civil government, and have been made acquainted with an outline of the government of the United States, but as yet they have not been supplied with that information concerning our own State Government, and our own responsibilities and duties so important to enable us to act well our part as citizens. If the succeeding pages of this work shall serve to impart a knowledge of our civil jurisprudence, and of the framework and machinery of our State Government, if they shall furnish an insight into our political institutions, then surely it will inspire in the hearts of those who study them, a devotion to those institutions; and the more we know of them, the more shall we admire the wisdom and appreciate the statesmanship of the great and good men whose business it was to lay bro&d and deep the foundations upon which we, as a State, have built and are building. The demand for a second edition, within two months from the time when the first was issued, has encouraged the author to revise the work. It is hoped that the historical sketch, and other matter which has been added to this edition, will greatly enhance its value and usefulness as a text-book. To J. E. Scripps, editor of the Detroit Evening News, the author is indebted for a portion of the matter embraced in the historical sketch ; and to W. S. George, editor of the Lansing Republican, for the matter of which the chapter relative to the names of the counties is composed. TO TEACHERS AND PUPILS. Iii preparing the following work, the author has consulted with a number of prominent educators in the State, as to the best plan for presenting the matter contained therein. While all agree that it is desirable, in writing a text-book, to employ such language as shall be comprehended by the youngest student, yet, on the whole, it is believed to be better in a work of this kind, to use ordinary language, and even tech- nical terms when such are used in the law books to which we have occasion to refer. These words and terms must, sooner or later, be comprehended; and, in the judgment of the author, it would be unwise to attempt to exclude them. But, for the benefit of the younger students, it has been thought advisable to print all words, the definition or meaning of which it is conceived may not readily occur to them, in italics. The definition of most of the words printed in italics will be given in an appendix arranged in alphabetical order, and to which the student can easily refer.