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increased whilst he was a member, during the term for which he shall have been elected, and for one year after the expiration of such term ; and no person holding a commission under the United States, or any of its officers, except as a militia officer, shall be a member of the said council, or shall hold any office under the government of the said territory.(1)*

696. The governor, secretary, chief justice and associate judges, attorney, and marshal, shall be nominated, and, by and with the advice and consent of the senate, appointed by the president of the United States. The governor and secretary, to be appointed as aforesaid shall, before they act as such, respectively take an oath or affirmation before some judge or justice of the peace in the existing territory of Michigan, duly commissioned and qualified to administer an oath or affirmation, to support the constitution of the United States, and for the faithful discharge of the duties of their respective offices; which said oaths, when so taken, shall be certified by the person before whom the same shall have been taken, and such certificate shall be received and recorded by the said secretary among the executive proceedings. And, afterwards, the chief justice and associate judges, and all other civil officers in said territory, before they act as such, shall take a like oath or affirmation before the said governor or secretary, or some judge or justice of the territory who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the secretary, to be by him recorded as aforesaid ; and, afterwards, the like oath or affirmation shall be taken, certified, and recorded, in such manner and form as may be prescribed by law. The governor shall receive an annual salary of two thousand five hundred dollars for his services as governor and as superintendent of Indian affairs. The said chief justice and associate judges shall each receive an annual salary of eighteen hundred dollars. The secretary shall receive an annual salary of twelve hundred dollars. The said salaries shall be paid quarter-yearly, at the trea. sury of the United States. The members of the legislative assembly shall be entitled to receive three dollars each per day, during their attendance at the sessions thereof, and three dollars each for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually-travelled route. There shall be appropriated, annually, the sum of three hundred and fifty dollars, to be expended by the governor to defray the contingent expenses of the territory, and there shall also be appropriated, annually, a sufficient sum, to be expended by the secretary of the territory, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws and other incidental expenses; and the secretary of the territory shall, annually, account to the secretary of the treasury of the United States for the manner in which the aforesaid sum shall have been ex. pended.(2)

697. The inhabitants of the said territory 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 northwest of the river Ohio, by the articles of the compact contained in the ordinance for the government of the said territory, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven; and shall be subject to all the conditions and restrictions and prohibitions in said articles of compact imposed upon the people of the said territory. The said inhabitants shall also be enti

April

(1) Act April 20th, 1836, sec. 8.

(2) Ibid. sec. 11.

* For sections 9 and 10 of this act, see pages 153, 154.

tled to all the rights, privileges, and immunities, heretofore granted and secured to the territory of Michigan, and to its inhabitants, and the existing laws of the territory of Michigan shall be extended over said terri. tory, so far as the same shall not be incompatible with the provisions of this act, subject, nevertheless, to be altered, modified, or repealed, by the governor and legislative assembly of the said territory of Wisconsin; and further, the laws of the United States are hereby extended over, and shall be in force in, said territory, so far as the same, or any provisions thereof may be applicable.(1)

698. The legislative assembly of the territory of Wisconsin shall hold its first session at such time and place in said territory as the governor thereof shall appoint and direct; and at said session, or as soon thereafter as may by them be deemed expedient, the said governor and legislative assembly shall proceed to locate and establish the seat of government for said terri. tory, at such place as they may deem eligible, which place, however, shall thereafter be subject to be changed by the said governor and legislative assembly. And twenty thousand dollars, to be paid out of any money in the treasury, not otherwise appropriated, is hereby given to the said territory, which shall be applied by the governor and legislative assembly to defray the expenses of erecting public buildings at the seat of government.(2)

699. A delegate to the house of representatives of the United States, to serve for the term of two years, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as have been granted to the delegates from the several territories of the United States to the said house of representatives. The first election shall be held at such time and place or places, and be conduct. ed in such manner, as the governor shall appoint and direct. The person having the greatest number of votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given to the person so elected.(3)*

(1) Act 20th April 1836, sec. 12.

(2) Ibid. sec. 13.

(3) Ibid. sec. 14.

• Sections 15 and 16 of this act, provide for the transfer of causes to the courts established by the act; and section 17 appropriates five thousand dollars for the purchase of a library for the assembly and supreme court.

204

BOOK V.

OF RELATIONS WITH FOREIGN POWERS.

CHAPTER I.

RELATIONS WITH GREAT BRITAIN.*

Provision for settlement of bounda- Re-exportation from one country in
ries
700 vessels of the other

715 Allotment of island in Passama- The provisions of convention of 1815 quoddy Bay

701 not to extend to the British West Boundaries settled

702 Indies or North American conti. Property of certain islands deter- nental possessions

716 mined

703 President's proclamation opening Boundary N. W. from Lake of the American ports to vessels from Woods

704 certain British colonies, art. 717 to 727 Provision relative to country west Vessels of the U. States admitted to of Stony Mountains

705 British possessions in East Indies 728 Boundary from Lake Huron to Lake Duties on such vessels

729 of the Woods

706 Such vessels to carry cargoes to the Titles to certain lands secured 707 U. States, &c.

730 Regulation of fisheries-provision Not to carry on coasting trade in relative to the slave trade

708
the East Indies

731 Reciprocal freedom of commerce 709 May touch at certain ports in voyage Duties on imports and exports 710 to India

732 Prohibition on imports and exports Consuls may be appointed by either to be general 711 party

733 Duty on British and American ves- To be approved before they act 734 sels equal

712 How punished for misdemeanour 735 Duties on imports and exports to be Particular places may be excepted the same in vessels of either party 713 from their residence

736 Provision relating to drawbacks 714

Art. 700. And that all disputes which might arise in future, on the subject of the boundaries of the said United States, may be prevented, it is

* Preliminary articles of peace between Great Britain and the United States were signed at Paris, 30th of November, 1782. The first article acknowledged the independence of the United States: the 2d, prescribed the boundaries between the two nations in America: the 3d, regulated the Newfoundland fishery, giving to the citizens of the United States the right to fish at “all places in the sea where the inhabitants of both countries used at any time theretofore to fish:” the 4th, provided for the recovery of debts on either side: the 5th, that congress should re. commend to the respective states to provide for the restitution of confiscated property of British subjects and others: the 6th, stipulated, that, all confiscations and prosecutions for the part any person may have taken in the war, should cease: the 5th, directed the cessation of hostilities: the 8th, granted the free navigation of the Mississippi to both parties: the 9th, stipulated for the restoration of certain places conquered by either party from the other.

The definitive treaty was signed at Paris, September 30, 1783, adopting the basis of the preliminary articles, in which no change was made, save in form.

hereby agreed and declared, that the following are and shall be their bounda. ries, viz: From the northwest angle of Nova Scotia, viz: that angle which

A treaty of amity, commerce, and navigation, was signed by Lord Grenville and Mr. John Jay, on the 19th of November, 1794, comprising twenty-eight articles, the first ten of which were declared permanent, and the remainder were limited to twelve years.

of the ten articles, the 1st confirmed the peace and amity between the parties; 24 provided for the withdrawal of British troops from the posts within the boundary of the United States, and for the protection of certain settlers and traders; the 3d, stipulated for the freedom of intercourse and trade between the parties and to the Indians on the continent, the limits of the Hudson's Bay Company excepted; for the free navigation of the Mississippi; that goods not wholly prohibited should be mutually admitted into, or exported from, the territories of each party; that no duties should be levied on peltries brought by land or inland navigation into such territories; that no impost should be laid on Indians passing or repassing with their effects; that no higher or other tolls should be demanded than are payable by natives on either side; and that no duties shall be paid on goods which are merely carried over portages and not attempted to be sold or exchanged in the passage ; the 4th article provided for a survey of the Mississippi, with a view of settling the boundary; art. 5, for commissioners to identify the river St. Croix; art. 6, for the compensation of British creditors for losses caused by legal impediments in col. lecting debts contracted before the peace of 1783; art. 7, for compensation by the British government to citizens of the United States for illegal captures of their vessels; art. 8, for the payment of commissioners under the foregoing articles; art. 9, provided that American citizens and British subjects, holding lands in the territories of either party, might exercise the rights appertaining thereto, as if they vere natives; and art. 10, that no debts, or moneys vested in the funds, should be confiscated in the event of war.

To this treaty one additional, and two explanatory articles were appended. The additional article served but to suspend article twelve, of the treaty, which related to the commercial intercourse with the British West Indies. The first separate article, was entered into in consequence of a treaty with the Indians at Greenville, 3d of August, 1795, which was supposed to infringe the freedom of commerce granted by the third article of the above treaty, and this separate article provides that no stipulations in any treaty subsequently concluded by either of the contracting parties, with any other state or nation, or with any Indian tribe, should derogate from the rights of free intercourse or commerce, granted by such third article.

The second additional article provided, that commissioners to be appointed to identify the river St. Croix, should not be obliged to ascertain the latitude and longitude of its source, but might describe the river in such manner as they might think expedient.

In consequence of difficulties having arisen in the execution of the sixth article of the treaty of 1794, and the suspension of the proceedings of the commissioners appointed under the seventh, a convention between Great Britain and the United States was framed, 8th of January, 1802, providing for the annulling of such sixth article, except so far as it related to the execution of the seventh article, in lieu of which, the United States contracted to pay six hundred thousand pounds sterling to his Britannic majesty for the use of the persons described in the sixth article. By this convention, also, the fourth article of the treaty of Paris, 1783, was made, and continued obligatory on Great Britain; who was also thereby bound to comply with the provisions of the seventh article of the treaty 1794, and to direct the commissioners appointed under it to resume their duties.

The treaty of Ghent, 24th of December, 1814, provided, by art. 1, for the restoration of peace, and of captured territories, and other property, and for the temporary possession of certain islands in the Bay of Passamaqi.oddy; art. 2, for the cessation of hostilities and the limitation of time for captures in certain latitudes, art. 3, for the restoration, &c. of prisoners ; art. 4, provided for the settlement of the boundary and right to the islands on the coast, as stated in the 2d article of the treaty of peace of 1783. Under this article the commissioners appointed made report, which is given in article 701 of the text. Art. 6, contained provisions for ascertaining the portion of the northern boundary, which have been carried into effect, by report of commissioners, contained in the 702 article of the text; art. 8, directed the mode of organizing the several boards of commissioners, &c. but part of that article is given in article 707 of the text; art. 9, provided for the pacifi. cation of the Indian tribes.

is formed by a line drawn due north from the source of Saint Croix river to the highlands; along the said highlands, which divide those rivers that empty themselves into the river St. Lawrence from those which fall into the Atlantic ocean, to the north-westernmost head of Connecticut river, thence down along the middle of that river, to the forty-fifth degree of north latitude; from thence, by a line due west on said latitude, until it strikes the river Iroquois or Cataraquy; thence along the middle of said river into lake Ontario, through the middle of said lake until it strikes the communication by water between that lake and lake Erie; thence along the middle of said communication into lake Erie, through the middle of said lake until it arrives at the water communication between that lake and lake Huron; thence along the middle of said water communication into the lake Huron ; thence through the middle of the said lake to the water communication between that lake and lake Superior, thence through lake Superior northward of the isles Royal and Philipeaux, to the Long Lake, thence through the middle of the said Long Lake, and the water communication between it and the lake of the Woods, to the said lake of the woods; thence through the said lake to the most north-western point thereof, and from thence on a due west course to the river Mississippi ; thence by a line to be drawn along the middle of the said river Mississippi until it shall intersect the northernmost part of the thirty-first degree of north latitude. South, by a line to be drawn due east from the determination of the line last mentioned, in the latitude of thirty-one degrees north of the equator, to the middle of the river Apalachi. cola or Catahouche; thence along the middle thereof to its junction with the Flint river; thence straight to the head of St. Mary's river; and thence down along the middle of St. Mary's river to the Atlantic ocean. East, by a line to be drawn along the middle of the river St. Croix, from its mouth in the bay of Fundy, to its source, and from its source, directly north, to the aforesaid highlands, which divide the rivers that fall into the Atlantic occan from those which fall into the river St. Lawrence: comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy, and the Atlantic ocean; excepting such islands as now are, or heretofore have been, within the limits of the said province of Nova Scotia.(1)

Whereas neither that point of the highlands lying due north from the source of the river St. Croix, and designated in the former treaty of peace between the two powers as the north-west angle of Nova Scotia, nor the north-westernmost head of Connecticut river, has yet been ascertained ; and whereas that part of the boundary line between the dominions of the two powers which extends from the source of the river St. Croix directly north to the abovementioned northwest angle of Nova Scotia, thence along the said highlands which divide those rivers that empty themselves into the river

(1) Treaty 3d Sept. 1783. Art. 2.

The next convention with Great Britain was that of 3d of July, 1815, the whole of which is found in the text. The next was the convention of the 20th of October, 1818, of which articles 1, 2, 3, are given in the text; art. 4, continued the provisions of the convention of 1815; art. 5, provided for the reference of the differences between the two nations, growing out of article 1st of the treaty of Ghent, to the arbitrament of a friendly power, the emperor of Russia, whose award of 22d of April, 1812, concluded the matter.

The next convention was that of the 12th of July, 1822, made at St. Petersburg, creating a commission for ascertaining the amount of claim under article 1, of the treaty of 1814.

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