ists humbly conceive is established in the 5th article of the ordinance of 1787, and that it cannot be altered except by common consent. The western and northern boundary line, as claimed on the part of Michigan, runs through the middle of lake Michigan, to the northern extremity of that lake; thence due north to the territorial line between the United States and Canada, and by that line through lake Superior, the river St. Mary and lake Huron. The claim is founded upon the act of Congress, of January 11, 1805, establishing this Territory; which defined the boundaries and guaranteed to the inhabitants then living, or who might thereafter live within them, the rights, privileges and advantages granted and secured to the people of the territory of the United States north-west of the river Ohio, by the ordinance of 1787. The inhabitants of that part of the territory which is situated to the north of lakes Michigan and Huron have, at several sessions of Congress, presented their petitions praying that the fraction of the territory inhabited by them might not be made a part of the state of Michigan. The wishes and interests of the people of that district being fully admitted, we beg leave to submit to your honorable body the question, whether the boundaries established by the act of 1805 can be changed in compliance with the prayer of those petitioners. The act of Congress of 1818 provides: That all that part of the territory of the United States lying north of the states of Indiana and Illinois shall be "attached to, and made a part of the Michigan Territory, and the inhabitants therein shall be entitled to the same privileges and immunities, and subject to the same rules and regulations, in all respects, with the other citizens of the Michigan Territory." Thus the western line was changed from the middle of lake Michigan to the Mississippi river, the old line became merged, and the rights of the citizens, whether political or civil, were declared to be equal, upon either side of lake Michigan. It would appear to be as competent for the inhabitants west of the lake to protest against a division of the Territory of Michigan, as enlarged and established in the year 1818, and claim their right to be admitted as a part of the State of Michigan, as it is for those east of the lake to revive the old line, or to comprehend so much territory as they may conceive to be most advantageous for their interests. The bill which was first reported by the committee on territories, to establish the territorial government of Huron, so divided the territory as to leave the peninsula alone subject to the territorial government of Michigan. The ordinance of 1787 granted to the states, whose boundaries were therein defined, the right to admission, whenever any of them contained sixty thousand free inhabitants. If the act of 1805 had, after defining the boundaries of the Territory of Michigan, proceeded to declare that those should be the boundaries of the state of Michigan, it is certain that they would be as unalterable as were those of the states established by the ordinance. The language of the first section of this act will not permit us to infer that this was the intention of Congress. It expressly declares that those limits are given to Michigan only "for the purposes of temporary government." It must be obvious that no rights were conceded to enable the citizens of Michigan to control the future legislation of Congress upon this subject. The boundaries were made temporary, and as liable to be changed as the government which was created within them. The question which is now presented is not a new one, for it must have been considered on the admission of each of the western states. On the acquisition of the country west of the Mississippi river, it was divided into only two territories; and all of the articles of the ordinance were extended to them, except the sixth, which relates to slavery. The same general rights were secured, and in like terms, as were conferred on the people of Michigan. Yet other boundaries were given to Louisiana and Missouri on their admission, than those which had been established for them as territories. An act was passed by Congress, on the 7th of April, 1798, to establish a territorial government in the Mississippi territory. The provisions of the ordinance (excepting those contained in the sixth article) were extended to it, by the 6th section, which says that "the people of the aforesaid territory shall be entitled to and enjoy all and singular the rights, privileges and advantages granted to the people of the territory of the United States, north-west of the river Ohio." The states of Alabama and Mississippi were formed out of this same territory. The whole of this western boundary of Michigan, is within the boundaries of the territory of Indiana, according to the act of May 7,1800. If these lines are unalterable by Congress, Indiana was not correctly admitted, as a part of the territory was lopped off: And Congress separated Michigan from Indiana, whilst the latter was a territory. These instances are cited for the purpose of showing that Congress has in no instance attempted to maintain the integrity of the limits of a territory; and that the territories have been divided, and states erected from parts of them, according to the circumstances and wishes of the inhabitants, and the interest of govern ment. Mr. Stockton, from the committee on internal improvement, submitted the following report, which was laid on the table: To the Honorable the Senate and House of Representatives in Congress assembled: The Legislative Council of the Territory of Michigan, respectfully prays the establishment of the following post roads in the Territory of Michigan: 1. From Detroit, by way of Mount Clemens, to Fort Gratiot. 2. From Mount Clemens, the seat of justice for Macomb county, to Crawford's settlement: thence to Chubb's: thence to Stewart's: thence to Bushnell's; and thence to the seat of justice for Lapeer county. 3. From Plymouth Corners, in Wayne county, to Salem: thence to Northfield: thence to Webster's: and thence to Dexter, in Washtenaw county. 4. From Chicago to Milwawkee: thence to Winnebago lake: and thence to Navarino, in the county of Brown. Mr. Martin, from the select committee, appointed to prepare a bill on the subject, reported a bill to abolish the office of Register of Probate, and for other purposes; which was read the first time. The Council again resolved itself into a committee of the whole on bill No. 1, to amend the act to provide for defraying the public and necessary expenses in the respective counties of this territory, and for other purposes; and, after some time spent therein, the president resumed the chair, and Mr. Durocher reported, that the committee of the whole had again had under consideration the said bill, and instructed him to report the same, with sundry amend ments. On motion of Mr. Stockton, the Council concurred in the report of the committee of the whole; and, on motion of Mr. Doty, the bill as amended was ordered to be engrossed and read the third time tomorrow. The bill further to provide for the distribution of the laws, was read the third time; and, the blanks being filled, Mr. Bacon moved to recommit the bill. The motion was lost; and the bill passed. TUESDAY, January 28, 1834. Mr. Bacon presented a petition from sundry inhabitants of Lenawe county, praying that townships five and six south of range five, may be organized into a separate township by the name of Macon. Mr. Bacon also presented a remonstrance against the object of the preceding petition. The petition and remonstrance were referred to the committee on territorial affairs. Mr. Stockton presented a petition from sundry inhabitants of the county of St. Clair, praying for a territorial road, from the north channel of the river St. Clair to Mount Clemens. Referred to the committee on internal improvement. Mr. Farnsworth presented a petition from the supervisors of the county of Wayne, withdrawn from the files of the last Council, praying for the establishment of a public poor-house for the said county. Referred to the committee on the judiciary. Mr. Martin presented a petition from William Dickinson and John P. Arndt, of the county of Brown, withdrawn from the files of the last Council, praying for authority to build a bridge across Fox River at Green Bay. Referred to the committee on internal improvement. On motion of Mr. Stockton, Resolved, That the committee on the judiciary inquire into the expediency of prohibiting by law, the administration of extrajudicial oaths. On motion of Mr. Farnsworth, Resolved, That the committee on the judiciary be instructed to inquire into the expediency of adopting such legal measures as may appear to said committee best adapted for the preservation of all public records, plans and original entries, transacted by the governor and judges, by virtue of an act of Congress, entitled, "An Act to provide for the adjustment of titles to land in the town of Detroit, and Territory of Michigan, and for other purposes," approved the 21st of April, 1806; and also to inquire how far such records, plans and other original entries ought to be received in evidence in any of the courts of record in this Territory, where the title of any of the lands within the limits of the city of Detroit shall become in question: with instructions to said committee to report by bill or otherwise. On motion of Mr. Farnsworth, Resolved, That the committee on agriculture be instructed to inquire into the expediency of amending the township laws, so as to define what shall constitute a lawful fence. Mr. Britain submitted the following resolution : Resolved, That the committee on territorial affairs be instructed to inquire into the expediency of communicating with the Senate and Assembly of the State of Ohio upon the subject of the Ohio and Wabash canal. The resolution was laid on the table. Mr. Millington, from the committee on enrolment, reported that the "act further to provide for the distribution of the laws," had been examined, and found to be correctly enrolled. The bill to abolish the office of register of probate, and for other purposes, was read a second time; and, on motion of Mr. Martin, the Council resolved itself into a committee of the whole on the said bill. After some time spent therein, the president resumed the chair, and Mr. Bacon reported that the committee of the whole had had under consideration the bill to abolish the office of register of probate, and for other purposes, and had instructed him to report the same with an amendment. On motion of Mr. Martin, The Council concurred in the report of the committee of the whole. On motion of Mr. Hascall, the bill was then recommitted to the committee on the judiciary. On motion of Mr. Stockton, The Council proceeded to the consideration of the report of a memorial to Congress, made yesterday by the committee on internal improvement, in relation to the establishment of certain mail routes in the Territory of Michigan. On motion of Mr. Britain, the following additional route, as an amendment to the memorial, was adopted: "5. From Bronson, in Kalamazoo county, through the county of Van Buren, to the village of St. Joseph, at the mouth of St. Joseph river, in Berrien county." The memorial and amendment were then laid on the table. Mr. Doty presented a report from the librarian in obedience to the resolution of Council of the 21st instant; which, with the accompanying papers, was referred to the committee on the library. Adjourned. WEDNESDAY, January 29, 1834. The president laid before the Council a communication from the Secretary of the Territory, made in obedience to the resolution of the 14th instant, directing the Secretary "to communicate to the Legislative Council whatever information he may possess in relation to the non-fulfilment of the contract existing between the Territory of Michigan and Mr. M'Knight, publisher of the laws of said Territory, with a statement of the causes of delay in the distribution of the laws." On motion of Mr. Doty, The communication was laid on the table. Mr. Britain presented a memorial from sundry merchants and citizens of the western part of Michigan, complaining of the evils resulting from the practice of peddling goods in that section of the Territory, and praying for a redress of the grievance. Referred to the committee on ways and means. On motion of Mr. Stockton, Resolved, That the committee on the militia inquire into the expediency of so amending the militia law, that all trainings or musters of the militia may be dispensed with, excepting volunteer com |