Minutes, 30 October 1841, Draft

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Saturday 30th. Octr. 1841.—
City Council met pursuant to adjournment, Meeting opened by Prayer, <​Colr , & the who was formerly appointed, & the <​a Colr ​> subscribed his oath & the ​> Aldermen & Colrs who were appointed at last Meeting, were Sworn <​& subscribed their oaths.—​>.— Minutes of last meeting read, & amended.—
<​one of the Committee​> Chairman on burying Ground Reported Orally,
Report Accepted.—
Petn. of referred to a Committee of three, Viz Joseph Smith, & .— to enquire into his ability or inability to support a Pauper Pauper who has been at his House for a length of time, & Report upon the Case generally.—
moved that the St. East of Warsaw St. be opened from Parley St. to the City limits. Seconded & Carried.
Moved, Seconded, & Carried, that , & [blank] be permitted to Speak as Lawyers, Respecting the Remitting of the Fine imposed upon , & the Confirmation thereof, on the part of , & on the part of the City Council.—
Moved & Seconded & Carried that the City Col. have jurisdiction & authority over all Fines imposed by the City Council <​Officers​>, whether in Retaining, or remitting them.—
Colr Joseph Smith moved, & it was seconded & Carried that the Fine imposed upon , be remitted.
spoke on the part of , to have the Fine imposed upon him, Remitted.
spoke at length upon the propriety of a Confirmation of the Fine, by the City Council.—
The spoke at great length, in explination of the Charter, & the Powers thereby given, & the right of the City Council to Act thereunder,— & that he wd Vote for a Remittance of the Fine Returned by the Jury
Colr. [p. 28]
Colr. J. Smith spoke in explination of what took place wh at the time he was about to have the Building removed, & said he wd vote against <​the remittance of​> any of the Fines, & will not vote to overturn the verdict of the Twelve Jurors, who may be as sensible Men as any of the City Council. & asked the City Col to not remit the Fine.—
Colr. , said he would not Consent to A remittance of the Fine, & spoke at Considerable length, in acquiescence of punishing to the greatest extent, every Person who will threaten, oppose the Laws, Steal, Murder, or act illegally, in Violation of the Law.
, spoke against a Remittance of the Fine, & that acted to oppose the removal of a Nuisance, & that, with a knowledge that he had bought it, <​after​> with an understanding that it had been declared a Nuisance.
was permitted by the City Council to speak in reply to what has been said on the part of the City Col., & spoke at some length, alledging that the Jury & City Council were prejudiced, & influenced by the heat of Passion &c &c.—
Colr. J. Smith replied, & explained, at length, in Support of the Fine, & in defence of the Characters of the Jury and City Col..
Moved & Seconded & Carried, that the Council adjourn for two Hours.—
Council met purst. to adjournment
& were appointed Counsellors.— & Aldermen, High Constable in the place of .— & the Freedom of the Conferred upon , & .— [p. 29]
& were Sworn.— Sworn
spoke on the Case of
also spoke on the same Case.—
The spoke in Reply, & that to great extent.—
Colr. J. Smith again spoke in explination.
Colr said he wished to know how to Vote, as he considered the question in point was, whether the Fine should be mitigated, not taking any thing into Considn but the assault merely, or whether the opposition of the Laws & other Matters connected therewith, were to be considered.
It was afterwards Carried, that the Fine stand, & be not mitigated.—
Sworn as High Constable.
moved
Colr. J. Smith, moved that $125,<​00​> <​$125,00​> be <​ap​>propriated for Damages, for the Building destroyed which was removed on the Hill as a Nuisance.—
Motion laid on the Table
Adjourned to Monday next at Ten oClock A.M.—
30th. Octr. 1841 [p. 30]