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government of the territory of the United States northwest of the river Ohio, which included Michigan, see ante, 127 to 157, inclusive.
Michigan was taken chiefly from Indiana territory, previous to the erection of the territory of Illinois, but her boundaries were subsequently enlarged, upon the admission of Illinois into the Union.
II. ERECTION OF MICHIGAN TERRITORY BY AN ACT OF
CONGRESS ENTITLED "AN ACT TO DIVIDE THE INDIANA TERRITORY INTO TWO SEPARATE GOVERNMENTS." APPROVED JANUARY 11, 1805.
"Section I. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the thirteenth day of June next, all that part of the Indiana territory, which lies north of a line drawn east from a southerly bend or extreme of Lake Michigan, until it shall intersect Lake Erie, and east of a line drawn from the said southerly bend or extreme of Lake Michigan, until it shall intersect Lake Erie, and east of a line drawn from the said southerly bend through the middle of said lake to its northern extremity, and thence due north to the northern boundary of the United States, shall, for the purpose of temporary government, constitute a separate territory, and be called Michigan.
“Sec. II. And be it further enacted, That there shall be established within the said territory a government in all respects similar to that provided by the ordinance of Congress passed on the thirteenth day of July, one thousand seven hundred and eighty-seven, for the government of the territoту ty of the United States, north west of the river Ohio; and by an act passed on the seventh day of August, one thousand seven hundred and eighty-nine, entitled, "An act to provide for the territory northwest of the river Ohio;" and the inhabitants thereof shall be entitled to, and enjoy all and singular 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 said ordinance.
"Sec. III. And be it further enacted, That the officers for the said territory, who by virtue of this act shall be appointed by · the President of the United States by and with the advice and consent of the Senate, shall respectively exercise the same powers, perform the same duties, and receive for their services the same compensations, as by the ordinance aforesaid, and the laws of the United States, have been provided, and established for similar offices in the Indiana territory; and the duties and emoluments of Superintendent of Indian Affairs, shall be united with those of Governor.
“Sec. IV. And be it further enacted, That nothing in this act contained, shall be construed so as, in any manner, to affect the government now in force in the Indiana territory, further than to prohibit the exercise thereof within the said territory of Michigan, from and after the aforesaid thirtieth day of June next.
“Sec. V. And be it further enacted, That all suits, process and proceedings, which, on the thirtieth day of June next, shall be pending in the court of any county, which shall be included within the said territory of Michigan ; and also all suits, process and proceedings, which on the said thirtieth day of June next, shall be pending in the General Court of the Indiana territory, in consequence of any writ of removal, or order for trial at bar, and which had been removed from any of the counties included within the limits of the territory of Michigan aforesaid, shall, in all things concerning the same, be proceeded on, and judgments and decrees rendered thereon, in the same manner as if the said Indiana territory had remained undivided.
“Sec. VI. And be it further enacted, That Detroit shall be
the seat of government of the said territory, until Congress shall otherwise direct.”* (U. S. Statutes, by Peters, Vol. 2, 309.]
III. AN ACT TO ESTABLISH THE NORTHERN BOUNDARY LINE
OF THE STATE OF OHIO, AND TO PROVIDE FOR THE ADMIS-
“Sec. I. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the northern boundary line of the State of Ohio, shall be established at, and shall be a direct line drawn
a from the southern extremity of Lake Michigan, to the most northerly cape of the Maumce, (Miami) bay, after that line, so drawn, shall intersect the eastern boundary line of the State of Indiana; and from the said north cape of the said bay, northeast to the boundary line between the United States and the province of Upper Canada, in Lake Erie; and thence, with the said last mentioned line, to its intersection with the western line of the State of Pennsylvania.
“Sec. II. And be it further enacted, That the constitution and State Government, which the people of Michigan have formed for themselves be, and the same is hereby, accepted, ratified and confirmed ; and that the said State of Michigan
; shall be, and is hereby, declared to be one of the United States of America, and is hereby admitted into the Union upon an equal footing with the original States, in all respects
* In 1934 a dispute arose between the people of the State of Ohio and those of the territory of Michigan concerning a tract of valuable land, situated at the proposed terminus of the Wabash and Erie Canal. So much excitement prevailed, that each contending party sent a military force to the disputed frontier, and the people of Michigan called a convention, adopted a constitution, and petitioned Congress to be admitted into the Union with the territory in dispute. Congress, howrer, decided in favor of the claims of Ohio, and assigned to
in lieu thereof, twenty-five thousand square miles of barren mountainous country on the shores of Lake Superior,
whatsoever: provided always, and this admission is upon the express condition, that the said State shall consist of and have jurisdiction over all the territory included within the following boundaries, and over none other, to wit: beginning at the point where the above described northern boundary of the State of Ohio intersects the eastern boundary of the State of Indiana, and running thence with the said boundary line of Ohio, as described in the first section of this act, until it intersects the boundary line between the United States and Canada, in Lake Erie; thence with the said bounđary line between the United States and Canada through the Detroit river, Lake Huron, and Lake Superior, to a point where the said line last touches Lake Superior; thence in a direct line through Lake Superior, to the mouth of the Montreal river; thence through the middle of the main channel of the said river Montreal, to the middle of the Lake of the Desert; thence in a direct line to the nearest head water of the Menomonie river; thence through the middle of that fork of the said river first touched by the said line, to the main channel of the said Menomonie river; thence down the centre of the main channel of the same, to the centre of the most usual ship channel of the Green Bay of Lake Michigan; thence through the centre of the most usual ship channel of the said bay to the middle of Lake Michigan; thence through the middle of Lake Michigan, to the northern boundary of the State of Indiana, as that line was established by the act of Congress of the nineteenth of April, eighteen hundred and sixteen; thence due east, with the north boundary line of the said State of Indiana, to the northeast corner thereof; and thence south, with the east boundary line of Indiana, to the place of beginning.
“Sec. III. And be it further enacted, That, as a compliance with the fundamental condition of admission contained in the last preceding section of this act, the boundaries of the said State of Michigan, as in that section described, declared, and established, shall receive the assent of a convention of delegates elected by the people of the State, for the sole purpose of giving the assent herein required; and as soon as the assent herein required shall be given, the President of the United States shall announce the same by proclamation; and thereupon, and without any further proceeding on the part of Congress, the admission of the said State into the Union, as one of the United States of America, on an equal footing with the original States in all respects whatever, shall be considered as complete, and the Senators and Representatives who have been elected by the said State, as its representatives in the Congress of the United States, shall be entitled to take their seat in the Senate and House of Representatives respectively, without further delay.
Sec. IV. And be it further enacted, That nothing in this act contained, or in the admission of the said State into the Union, as one of the United States of America, upon an equal footing with the original States in all respects whatever, shall be só construed or understood as to confer upon the people, Legislature, or other authorities of the said State of Michigan, any authority or right to interfere with the sale by the United States, and under their authority, of the vacant and unsold lands within the limits of the said State, but that the subject of the public lands, and the interest which may be given to the said State therein, shall be regulated by future action between Congress, on the part of the United States, and the said State, or the authorities thereof. And the said State of Michigan shall in no case and under no pretence whatsoever, impose any tax, assessment or imposition of any description upon any of the lands of the United States within its limits.”* (U. S. Stat. by Peters, 5 : 49.]
*The ordinance of 1787 declared that not less than three nor more than five States should be formed from the territory northwest of the river Ohio. Ohio, Indiana and Illinois had been admitted; so that Michigan was the fourth State that claimed admission ; loaving Wisconsin to apply when her population should warrant the application.