not intersect Lake Erie, or if it should intersect the said Lake Erie, east of the mouth of the Miami river, then in that case, with the assent of the Congress of the United States, the northern boundary of this state shall be established by and extend to a direct line, running from the southern extremity of Lake Michigan to the most northerly cape of the Miami bay, after intersecting the due north line from the mouth of the great Miami, as aforesaid, thence northeast to the territorial line, and by the said territorial line to the Pennsylvania line." The constitution, proposing this modification, was submitted to Congress, and referred on the 23d of December, 1802, in the House of Representatives, to a committee of which Mr. Randolph was chairman. This committee reported on the 2d of February following, that with respect to the change proposed by Ohio in her northern boundary, "as the suggested alteration was not submitted in the shape of a distinct proposition, by any competent authority, for approval or disapproval, it was not necessary or expedient for Congress to act on it at all."

On the 19th of February, an act was passed, extending the laws of the United States over the State of Ohio, and the preamble to this declares, that the people of the eastern division of the NorthWestern Territory, had formed a constitution and state government, in pursuance of the act of Congress before referred to, authorizing such state government to be formed. And on the 3d of March, 1803, another act was passed assenting to certain propositions made by Ohio; but in neither of these acts is any notice taken of the proposed change in the boundary.

The Territory of Michigan was established by the act of Congress of January 11, 1805, and its southern boundary was declared to be a line drawn due east from the southern extreme of Lake Michigan to Lake Erie. And by another act, passed May 20, 1812, the Surveyor General was authorized to cause to be run, under the direction of the President, so much of the northern and western boundaries of Ohio, which had not already been ascertained, and as divided said State from the Territories of Indiana and Michigan, agreeably to the boundaries as established by the act entitled, "An Act to enable the people of the eastern division of the territory north-west of the river Ohio, to frame a constitution and state government, and for the admission of such State into the Union, on an equal footing with the original States, and for other purposes," "and to cause to be made a plat or plan of so much of the boundary line, as runs from the southerly extreme of Lake Michigan to Lake Erie," &c.

The events of the war upon this frontier prevented the execution of the duties enjoined by this act; but on the 16th of April, 1816, another appropriation was made for carrying it into effeet, and under the directions of the President, the line was run, in conformity

with the various acts of Congress, from the southerly extreme of Lake Michigan to Lake Erie.

This is the history of the legislation concerning this subject, and it brings the question of right within a narrow compass. The state of Ohio, to support her claim, must contend, either, that she had the power to enlarge her own territory, or that Congress has assented to the proposition submitted for that purpose. The former ground has not been taken, and with respect to the latter, it is certain, that the United States have passed no act, giving their consent to the change asked for. In fact, the claim of Ohio, as advanced and advocated, rests solely upon the presumption, that as Congress did not act upon the subject of her proposition to change the northern boundary, when she was admitted into the Union, such admission is a virtual assent to that measure, and gives her complete jurisdiction over the tract demanded. That I am correct in this view of the case, will be seen by the accompanying extract of a letter from the Governor of Ohio to Mr. Woodbridge.

Even were there no cotemporaneous or subsequent proceedings on the part of Congress by which their intentions could be ascertained, it is difficult to conceive how the performance of a necessary and independent duty, that of admitting the State into the Union, can be considered as an assent to a proposition, totally distinct from this measure. For whether the boundary were north or south of the Maumee, Ohio had an equal right to join the national councils; nor was the determination of this question at all essential to her rights or sovereignty; nor in the slightest manner connected with her entrance into the confederacy. Other propositions submitted by Ohio at the same time, were considered and accepted, and an act passed by Congress to give effect to them. But the circumstances of the case admit of no presumption. The very act of admission, already quoted, proves the right of Ohio to enter the Union upon the foundation of the act which prescribed her boundaries. The committee expressly state, that it is not expedient for Congress to act upon the subject. Two years afterwards, this territory was established, and the same fundamental line was prescribed as its southern boundary. After another interval of seven years, Congress again recognized this line and directed its survey. Four years later, and an appropriation was made to effect this object. The Executive caused this law to be carried into effect, and the line, as now existing, to be run in the year 1818, two years after the passage of this last mentioned act. I need add nothing to this series of Congressional measures, indicating in the most satisfactory manner, the determination of the general government not to assent to the change in the boundary proposed by Ohio. As a question of expediency there is certainly no reason why the neighboring states should be increased at the expense of this territory; and should the subject be brought in this form before Congress, we may safely rely for our security upon the very obvious considerations, both political and geographical, which will present themselves.

Mr. Martin, from the committee on the judiciary, to whom was referred the resolution of the 11th instant, instructing that committee to inquire what powers are vested in the Council relative to the navigable waters leading into the Mississippi and St. Lawrence, submitted a report from the attorney general on the subject, which, on motion of Mr. Britain, was ordered to be printed.

Mr. Martin, from the select committee, to whom was referred the bill to extend the charter of the Farmers and Mechanics' bank of Michigan, made the following report:

The select committee, to whom was committed the bill to extend the charter of the Farmers and Mechanics' bank of Michigan, for the term of twenty-five years from the present time, report:

That the charter of the Bank was first granted in 1829, and for the period of twenty years. The charter therefore has fifteen years to run before its expiration; and the extension would give it an additional ten years. The committee cannot perceive the difference between the present application, and the grant of an original charter for the term of thirty years; a period, in the opinion of the committee, which is unexampled in similar grants.

The committee express at the same time their decided disapprobation of the recharter of any moneyed institution, until the greater part of the original charter has been complied with. The power and utility of this institution are scarcely yet developed, it having been in operation but five years, and but one fifth of its capital stock paid in. The committee, therefore, recommend that all after the enacting clause of this bill be stricken out.

The bill, with the amendment proposed by the committee, striking out all after the enacting clause, was referred to a committee of the whole.

Mr. Millington, from the committee on enrolment, reported, as correctly enrolled,

An act concerning the bank of River Raisin;

An act to incorporate the village of St. Joseph.

Mr. Bacon, from the committee on territorial affairs, to whom was referred the petition of sundry inhabitants of the county of Hillsdale, praying for the organization of the said county made the following report, which was concurred in:

The committee on territorial affairs, to whom was referred, the petition of inhabitants of the county of Hillsdale, praying that said county may be organized, and may be divided into townships report:

That from the petition, and from information by persons having a knowledge of the settlements and inhabitants of said county, your

committee are of opinion, that their numbers do not warrant granting the prayer of the petitioners. Your committee believe that at the organization of a county, a suitable place should be provided for holding courts, and a good and sufficient jail erected, so as to secure the due administration of justice; and that in the present infant settlement of that county, the imposition of a tax for the erection of public buildings would be burdensome on its inhabitants and uncalled for by a majority of its citizens. Your committee believe that the organization of the townships prayed for, should be granted; but the petition does not designate any places for holding township meetings; nor have your committee been able to obtain the desired information, and therefore your committee cannot comply with the prayer of the petitioners, and ask to be discharged from the further consideration of this subject, as well as that of the organization of the county.

Mr. Stockton, on leave granted, introduced

A bill for the relief of certain citizens of the township of Clinton, in the county of Macomb.

Mr. Farnsworth on leave granted, introduced

A bill to amend the act to establish circuit courts in certain counties, and to define their powers and duties.

The foregoing bills were severally read the first and second time. Mr. Durocher, from the committee on claims, reported

A bill for the relief of 1. S. Rowland.

The bill being read the first time,

Mr. Bacon moved that it be rejected.

The motion was disagreed to, and the bill read the second time by its title.

Mr. Hascall gave notice, that he should, on a future day, ask leave to introduce a bill to set off township 1 north, range 8 east, in the county of Oakland, and to alter the township of Novi to Grey.

The following bills were read a second time by their titles: A bill for the preservation of the records and proceedings of the governor and judges of the Territory of Michigan, in relation to land titles in the city of Detroit.

A bill to incorporate the Shelby and Detroit rail road company. A bill to provide for the election of a printer to the Council, and to prescribe his compensation and duties.

The engrossed bill to incorporate the stockholders of the Kalamazoo Mutual Insurance Company was read the third time and passed.

The engrossed bill to incorporate the stockholders of the Michigan Insurance Company of Detroit, being read the third time,

On motion of Mr. Millington, two new sections, to stand as section 15 and section 16, were added to the bill.

The blanks in the said bill being filled, it was, on motion of Mr. Doty, laid on the table.

A message on executive business was received from the Governor, by Mr. Pritchette, his private secretary.

The following message was received from the Governor, by Mr. Pritchette, his private secretary:

To the President and Members of the Legislative Council of the Territory of Michigan:

I have this day approved and signed, and herewith return to you, the following bills, viz :

"An act to amend the act entitled an act to establish circuit courts in certain counties, and to define their powers and duties." "An act for the relief of Hiram Wilmarth."

March 5, 1834.

G. B. PORTER.

The following message was received from the Governor, by Mr. Pritchette, his private secretary:

To the President and Members of the Legislative Council of the

Territory of Michigan:

The bill entitled "An act to amend the act entitled an act relative to the privileges and duties of townships," referred to me for my assent, needs some alteration. A law of this nature should be so plainly worded as to admit of no doubtful construction.

The objection to this bill is, that it provides for a recovery of a penalty from a township officer, not exceeding fifty dollars, "in the same manner as is provided for the recovery of other forfeitures in and by the 13th section of the "SAID AID ACT," when no act is previously recited to which the word "said" can have reference. If it be supposed that referrence may be had to the title, (a mode which cannot be approved) it is unfortunate that there is no act in force bearing the same title, as that to which this bill purports to be amendatory. Had the date of the original act been inserted in the title, it would have aided in making certain the act intended to be recited.

If the title be made to read, "An act to amend the act entitled An act relative to the duties and privileges of townships' "-and the section be amended by striking out of the 9th line the word "said," and inserting after the word "act" in the same line these words: "entitled 'An act relative to the duties and privileges of townships," the bill will be subject to no further objection.

March 5, 1834.

G. B. PORTER.

On motion of Mr. Martin, the committee on enrolment were instructed to make the alterations and corrections suggested in the foregoing message, in the bill to amend the "act relative to the privileges and duties of townships."

The engrossed bill amendatory to an act entitled " an act to pro