Mr. Renwick moved that the bill do pass.

Mr. Martin moved that the said bill be recommitted to the committee on territorial affairs, with instructions to strike the name of "Comstock" out of the 14th section.

The question on this motion being taken by yeas and nays, it was decided in the negative, as follows:

Yeas: Messrs. Britain, Doty, Martin 3.

Nays: Messrs. Bacon, Durocher, Farnsworth, Hascall, Millington, Moran, Renwick, Satterlee, Stockton, M'Donell, president-10. Mr. Martin moved that the bill be recommitted to a committee of the whole.

And, after debate, the question on this motion was also taken by yeas and nays, and decided in the negative, as follows:

Yeas: Messrs. Britain, Doty, Durocher, Martin, Moran, Stockton-6.

Nays: Messrs. Bacon, Farnsworth, Hascall, Millington, Renwick, Satterlee, M'Donell, president-7.

The question on the passage of the bill was then taken by yeas and nays, and decided in the affirmative, as follows:

Yeas: Messrs. Bacon, Durocher, Farnsworth, Hascall, Millington, Renwick, Satterlee, Stockton, M'Donell, president-9. Nays: Messrs. Britain, Doty, Martin, Moran--4. The Council adjourned to 3 o'clock P. M.

[AFTERNOON SESSION.]

The engrossed bill to incorporate the stockholders of the Michigan Insurance Company of Detroit, being under consideration, on third reading,

Mr. Britain moved to reconsider the vote of yesterday, on ordering the bill to be engrossed and read the third time.

The motion being decided in the affirmative,

On motion of Mr. Britain, the 15th section of the said bill was stricken out.

Mr. Doty moved to lay the bill on the table. This motion was disagreed to, and the bill was ordered to be engrossed and read the third time tomorrow.

Bills Nos. 6, 12, 13 and 24, were laid on the table. The bill to provide for transmitting licences, and for other purposes, being taken up, it was, on motion of Mr. Renwick, rejected. Mr. Martin moved, that the Council proceed to the consideration of the bill to amend an act, entitled " An act concerning costs and fees."

Mr. Bacon moved that the said bill be laid on the table. And, after debate, the question being taken on this motion by yeas and nays, it was decided in the affirmative, as follows:

Yeas: Messrs. Bacon, Durocher, Hascall, Millington, Renwick, Stockton, M'Donell, president-7.

Nays: Messrs. Britain, Doty, Farnsworth, Martin, Moran, Satterlee-6.

The bill amendatory to "An act to provide for the assessment and collection of territorial taxes," with the amendments thereto reported by the committee on the judiciary, was considered in committee of the whole, reported to the house with amendments, the amendments concurred in by the Council, and the bill, as amended, ordered to be engrossed and read a third time tomorrow.

The bill to incorporate "the Detroit Co-operative Association," was considered in committee of the whole, and reported to the Council.

Mr. Britain renewed the motion, made in committee of the whole, to amend the bill by adding to it the following as a new section:

SEC. 19. That the real estate which the said corporation shall have power to hold, shall be so much as shall be necessary for the convenient transaction of its business, and no more."

The question on the proposed amendment being taken by yeas and nays, it was decided in the negative, as follows: Yeas: Messrs. Bacon, Britain, Satterlee 3. Nays: Messrs. Doty, Durocher, Farnsworth, Hascall, Martin, Millington, Moran, Stockton, M'Donell, president--9.

Mr. Bacon then moved the following, as an additional section to the bill:

"SEC. 19. That this act may be amended, altered or repealed by the legislature."

And the yeas and nays being demanded on this motion, it was decided in the negative, as follows:

Yeas: Messrs. Bacon, Britain, Martin, Satterlee_4.

Nays: Messrs. Doty, Durocher, Farnsworth, Hascall, Millington, Moran, Stockton, M'Donell, president-8.

The bill was ordered to be engrossed and read the third time tomorrow.

Mr. Farnsworth gave notice that he should, on a future day, ask leave to introduce a bill further to amend the act concerning circuit courts.

Mr. Moran gave notice that he should, on a future day, ask leave to introduce a bill to amend an act entitled "An act to provide for the assessment and collection of township and county taxes."

On motion of Mr. Martin, the Council proceeded to the consideration of executive business; and, having disposed of the same, The Council adjourned.

WEDNESDAY, March 5, 1834.

Mr. Stockton presented a petition from sundry inhabitants of the county of Macomb, praying for the organization of the south part of the township of Clinton, in said county, into a separate township. Laid on the table.

Mr. Durocher presented the account of John Farmer against the Council.

Mr. Millington presented the account of Lewis Hall.

The preceding accounts were severally referred to the committee on expenditures.

Mr. Martin presented the account of Josiah R. Dorr; which was referred to the committee on claims.

On motion of Mr. Moran, the resolutions, laid on the table yesterday, in relation to an extra session of the Legislative Council, were considered, and referred to the committee on territorial affairs.

Mr. Doty from the select committee, to whom the resolution of the 1st instant was referred, directing the preparation of a memorial to Congress on the subject of the southern boundary of this Territory, made the following report; two hundred copies of which were, on motion of Mr. Bacon, ordered to be printed:

That an effort is making, as your committee are informed, to obtain from Congress the recognition of a line, as the northern boundary of the states of Ohio and Indiana, which lies within the limits of this Territory as those limits were established by the ordinance of 1787 and the act of Congress of January 11, 1805. Upon the authority of these acts, the Territory of Michigan demands, as the right of the State of Michigan, that the fundamental line running east and west through the southerly bend or extreme of Lake Michigan, and no other, shall be recognized as the line of division between her and those states.

In pursuance of this right your committee beg leave to submit the following views.

The state of Virginia claimed this Territory as a part of the country embraced within her charter which was granted in the year 1609: and she exercised the rights of sovereignty over it until she voluntarily transferred it to the United States.

At the session of her Assembly, begun the 20th day of October, 1783, an act was passed to authorize her delegates in Congress "to convey to the United States in Congress assembled, all the right of this commonwealth to the Territory northwestward of the river Ohio," according to the terms and conditions contained in the act of Congress passed September 13, 1783, "that is to say, upon condition that the Territory so ceded shall be laid out and formed into states, containing a suitable extent of Territory, not less that one hundred nor more than one hundred and fifty miles square, or as near thereto as circumstances will admit, &c." These were the terms upon which Congress proposed to accept of a cession by all, or any, of the states claiming Territory in this region_without regard to the charter of those claims--which terms were acceded to by the States. The deed of Virginia was executed the 1st day of March, 1784; and on the 23d day of April following, Congress proceeded to divide the Territory into States, each state to " comprehend from north to south two degrees of latitude, beginning to count from the completion of 45 degrees north of the equator; and by meridians of longitude, one of which shall pass through the lowest point of the Ohio, and the other through the western cape of the mouth of the great Kenhawa."

Congress having under these deeds obtained, or secured, her possession of the north-western Territory, she was not thereafter at liberty to disregard them. The exercise of sovereignty was restricted by stipulations which she was bound to comply with and enforce.

The Ordinance, containing the "Articles of compact between the original states, and the people and states in the said Territory," passed on the 13th day of July, 1787; and it may be regarded as confirmatory of the terms of the deeds of cession; for the 5th article having proposed boundaries different from those mentioned by Virginia, her assent or alteration of her act of cession, was required by Congress.

The states bordering upon the Ohio on the south and Canada on the north, are established by this article, but it contains also the following proviso: "That the boundaries of these three states shall be subject so far to be altered, that if Congress shall hereafter find it expedient, they shall have authority to form one or two states in that part of the said Territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan."

Congress recommended to Virginia to so modify her act of cession as to enable the United States to divide the north-western Territory into not less than three, nor more than five states "as the situation of the country and future circumstances might require."

Pursuant to this recommendation the state of Virginia, on the 30th December 1788, recognized and confirmed the fifth article above mentioned, and was thus, at the solicitation of Congress, made a party to that artile, if no other, of that instrument. It does not appear to have been competent for Congress, at any time thereafter, to vary the lines thus established, without her assent, and also the concurrence of the inhabitants of the north-western Territory.

The transfer of the country was made at the instance of the United States, for their benefit as well as that of Virginia who, by stipulations in favor of her citizens inhabiting the Territory, made them equitably and truly parties to the contract.

Ohio was the first to demand admission, and the right of a state. On her application Congress was expressly called upon to say, whether it was expedient to have more than three states north-west of the Ohio river-whether the three states bordering upon the Ohio river, should be bounded by the line running east and west through the southerly bend of Lake Michigan; _ and in prescribing her boundaries, and abandoning the Territorial line of the United States, it was in effect declared that new states should be formed between them and that line.

The act of Congress of April 30, 1802, declares that the state of Ohio shall be admitted into the Union, upon the same footing with the original states. It was the inhabitants of that state, and none other, who were authorized to form a constitution. They were not permitted or required to form one for the people residing beyond the limits prescribed in the act of Congress.

The second section of that act says that "the state" shall consist of all the Territory included within the following boundaries, to wit: bounded on the east by the Pennsylvania line, on the south by the Ohio river to the mouth of the great Miami river, on the west by the line drawn due north from the mouth of the great Miami aforesaid, and on the north by an east and west line drawn through the southerly extreme of Lake Michigan, running east, after intersecting the due north line aforesaid from the mouth of the great Miami, until it shall intersect Lake Erie, or the Territorial line, and thence with the same through Lake Erie, to the Pennsylvania line, &c."

So far was it from the intention of Congress to embrace any part of what is now the Michigan Territory within the State of Ohio, that in the concluding part of this same section, the right is reserved "to attach all the Territory lying east of the line to be drawn due north, from the mouth of the Miami aforesaid, to the Territorial line [of the United States,] and north of an east and west line drawn through the southerly extreme of Lake Michigan, &c. to the State of Ohio, or to dispose of it otherwise, in conformity to the fifth article of compact, &c."

But it is urged on behalf of Ohio, that in her constitution, her northern bounday was defined so as to embrace more Territory than was given by the act of 1802; and that Congress assented to this constitution.

It may be remarked that this constitution emanated from the people of Ohio, not from Congress; and it was only referred to that body in compliance with a requisition previously made, that Congress might determine whether that instrument established a government upon other than republican principles. If, by that reference and approval it became the act of the government of the United States, it is manifest that none of its provisions could now, or at any period hereafter, be changed or amended, without the permission and sanction of Congress--a conclusion from which it is presumed, the citizens of Ohio would choose to dissent. The constitutions of the new states have never, it is believed, been regarded, either by the courts of the United States, or by the states themselves, as positive enactments by Congress.