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The committee thercfore recommend that, in a severance of the present territory of Michigan, the eldest and the most populous portion should be left under its original limits, and that the integrity of its bounds should be preserved by a line drawn through the lake to its northern extremity, and thence by a line drawn due north to the northern boundary of the United States; and with this division and seperation of the new territory from every point of Lake Huron, they also propose the adoption for it of the name of Wisconsin instead of that of Huron, as heretofore contemplated."
Governor Cass, in a message to the council on the 5th of January, 1831, had presented the consideration of this measure in the following language:
“An effort has been made to detach the counties of Michili: mackinac and Chippewa from the peninsular territory, and to annex them to the new government, which is asked for west of Lake Michigan. Such a measure would be equally injurious to our rights, and subversive of our interests. The act of congress of January 11, 1805, establishing this territory, defined its boundaries, and guaranteed to the inhabitants then living, or who might thereafter live, within them, many political rights dear to the American people, and without the enjoyment of which, our citizens would never encounter the difficulties and hardships incident to the scttlement of a new country. Among these, not the least important, is the right of admission into the union, when our population shall equal the number prescribed in the ordinance of con. gress of July 13, 1787, which laid the foundation of the governments of the states and territories north-west of the Ohio river. If any security for the political privileges we enjoy or expect to enjoy, we have the same security, and that is, the faith of the United States, for the integrity of the territorial boundaries established by that act. A line drawn through the middle of Lake Michigan to its northern extreme, and thence due north to Lake Superior, which is our western boundary, leaves the inhabited portions of the counties of Mackinaw and Chippewa in the original territory of Michigan. To the country west of that line we have no claim."
The same view was taken of this question, and the right of Michigan to this north and south line again asserted in a memorial of the legislative council to congress which was adopted with but
one dissenting vote, [and that was given by the member from this district,] on the 7th of January, 1833.
It is deemed unnecessary to pursue this subject farther. It will receive from you, there can be no doubt, a careful examination and consideration, equally with those which duty has compelled me to suggest. I believe you will concur with me in the opinion that it was not the intention of the patriots who framed the ordinance, that this territory should, at any period of its political existence, be parcelled out among the neighboring states; nor that a true hearted American will ever refuse to claim his birthright, or to secure for himself and his posterity the enjoyment of constitutional liberty.
J. D. DOTY. Madison, Wisconsin, December 4, 1343.
Documents accompanying the Governor's Message.
DOCUMENT NO. 1. Copy of the act passed by the Legislative Council of the Territory
of Michigan, Dec. 26, 1834, to enable the people of Michigan
lo form a state government. AN ACT to enable the people of Michigan to form a constitution
and state government. Whereas, it is ordained and declared, in and by the ordinance for the government of the territory of the United States northwest of the river Ohio, passed by congress on the 13th day of July, 1787, that certain articles therein contained “shall be considered as articles of compact between the original states and the people and states in the said territory, and forever remain unalterable unless by common consent;"
And whereas it is stipulated in and by the 5th of the said articles of compact, that there shall be formed in the said territory not less than three nor more than five states; and that “the boundaries of the three siates shall be subject so far to be altered, that if congress shall hereafter find it expedient, they shall have author ity 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;"
And whereas it is stipulated in the said article that the said three states shall be bounded on the north either by the territorial line between the United S:ates and Canada, or the said east and west line;
And whereas congress has not admitted the said three states into the union according to the boundaries mentioned in the said article;
And whereas it is provided in and by an act of congress, entitled “an act to divide the Indiana territory into two separate governments," approved January 11, 1805, as follows, to wit:
“Sec. 1. That all that part of the Indiana territory which lies north of a line drawn east from the southerly bend or extreme of Lake Michigan, until it shall intersect Lake Erie, and east of a line drawn from the said southerly bond 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 purposes of temporary government, constitute a separate territory, and be called Michigan.
“ Sec. 2. 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."
And whereas it was the right and privilege of sixty thousand free inhabitants within the limits of Indiana, according to the said ordinance, to form for themselves a permanent constitution and state government;
And whereas the same right and privilege is granted by the act aforesaid to the people of Michigan, whenever there shall be sixty thousand free inhabitants within the limits mentioned in the said act;
And whereas it is ascertained, under the authority of an act of the legislative council, passed on the 6th day of September, 1834, that there now are eighty-seven thousand two hundred and seveaty-three free inhabitants within the limits prescribed for Michigan by the act aforesaid; Therefore, for the purpose of enabling the free inhabitants of the said territory to secure to themselves the rights and privileges guaranteed to them by the said ordinance and acts of Congress:
Sec. 1. Be it enacted by the Legislative Council of the territory of Michigan, that the said free inhabitants of the territory of Michigan, as the said territory was established by the act of congress, entitled, “ an act to divide the Indiana territory into two separate governments," approved January 11, 1805, that is to say, of all that territory which lies north of an easi and west line drawn through the southerly bend or extreme of Lake Michigan, 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, and west and south of the said boundary of the United States, be, and they are hereby authorized to assemble to choose delegates in the manner and at the time and place hereinafter mentioned, to form for themselves a constitution and state government, upon the principles, and according to the provisions, contained ir the ordinance for the government of the territory of the United States north-west of the river Ohio,'' adopted in congress the 13th day of July, 1787.
Sec. 2. That the free white male inhabitants of the said territory, above the age of twenty-one years, who shall reside there. in three months immediately preceding Saturday the fourth day of April next, in the year one thousand eight hundred and thirtyfive, be, and they are hereby, authorized to choose delegates to form a convention, who shall be elected in the several districts as follows, to wit: the county of Wayne shall form the first election district, and shall be entitled to elect seventeen delegates to the said convention; the county of Monroe shall form the second district, and shall be entitled to elect nine delegates; the county of Lenawee shall form the third district, and shall be entitled to elect eight delegates; the county of Washtenaw, and the country attached thereto for judicial purposes shall form the fourth district, and shall be entitled to elect fifteen delegates; the county of Oakland and the country attached thereto for judicial purposes, shall form the fifth district, and shall be entitled to elect fourteen delegates; the county of Macomb shall form the sixth district, and shall be entitled to elect six delegates; the county of St. Clair shall form the seventh district, and shall be entitled to elect two delegates; the county of Jackson shall form the eighth
district, and shall be entitled to elect two delegates; the counties of Hillsdale and Branch, and all that part of the territory lying south of the county of Branch, shall form the ninth district, and be entitled to elect one delegate; the county of Calhoun shall form the tenth district, and shall be entitled to elect two dele. gales; the county of Kalamazoo, and the country attached there, to for judicial purposes, shall form the eleventh district, and shall be entitled to clect three delegates; the county of Cass, and all that part of the territory lying south of the said county, shall form the twelfth district, and be entitled to elect three delegates; the county of St. Joseph, and all that part of the territory lying south ihereof, shall form the thirteenth district, and be entitled to elect three delegates; the county of Berrien, and all that part of the territory situated south and south-west thereof, shall form the fourteenth district and be entitled to elect two delegates; the county of Michiliinackinac shall form the fifteenth district, and shall be entitled to elect one delegate; and the county of Chippewa shall form the sixteenth district, and be entitled to elect one delegate. The aforesaid delegates shall be citizens of the United States of at least the age of twenty-one years.
Sec. 3. The election for the said delegates shall be holden on Saturday, the fourth day of April next, in the several townships within the said several election districts, and shall be in every res: pect held and conducted in the same manner and under the same regulations, and the result certified, transmitted and declared in the same manner, as near as may be, agreeably to the provisions of an act entitled "an act to provide for the election of a delegate in the congress of the United States," approved April 12th, 1827, and whenever any person shall present his vote or ballot at such election for delegates, if he shall be challenged by either of the inspectors, or by any elector, said inspectors shall cause to be read to such person so much of the second section of this act as relates to the qualifications of voters, and shall then tender and administer to him the following oath: “I, A. B., do solemnly swear, [or affirm,] that I am duly qualified to vote at this election according to law;" and thereupon the said inspectors shall receive the vote of the person so taking the oath or affirmation as aforesaid; and in case such person shall refuse to take such oath or affirmation, he shall not be permitted to vote at such election.
Sec. 4. That it shall not be lawful for any officer or minister