Page:Journal of the Sixth Legislative Council of the Territory of Michigan.djvu/146

134 that as the boundary, and the act of 1805, which was passed about two years after the admission of Ohio, expressly gives to this Territory (then created) the same line, as its southern boundary, in that direction. The act of 1812 again recognizes the same line.

But were the claim of Michigan, for the reasons stated, less unequivocal, I should still feel obliged to propound to your excellency the question whether in reality it were competent for the general government, without the assent of all parties in interest, to alter the boundaries first contemplated by the ordinance of 1787?

In regard to the North-Western Territory, the United States voluntarily placed herself in the relation of a grantee under Virginia. Virginia in her session deemed it expedient to annex conditions to her grant. The general government necessarily and voluntarily took according to the form of the grant; and not being pleased with all those conditions, submitted her request to Virginia that those conditions, so far as they related to the subdivision of the Territory into states, might be altered. Virginia assented to the request and agreed to the boundaries as contemplated in the fifth of the permanent articles of the ordinance; which fifth article, as well as the sanction provided for its fulfilment, it is considered, became incorporated with and forms a part of the original grant. That article, so assented to, leaves it in the discretion of Congress to create more than three States, and in the event of the election of Congress so to do, contemplates the establishment of the northern boundary of the eastern state to be the same which Michigan has always claimed. By the creation of the states already created, Congress have decided their election, their power in this regard is executed, and that body can no longer be authorized to vary the boundaries proposed in the ordinance, except according to the principles contained in the ordinance itself; i. e. by the common consent of the parties having interest in the subject matter of the articles of compact. The people of Michigan have never consented to such alteration, and they were excluded from all participation in the formation of the consitution of Ohio. Virginia has never consented to such alteration, yet the contract was made with her: and it is furthermore respectfully urged, that Congress have never intended expressly or impliedly to assent to it.

This subject, as your excellency is doubtless advised, was stirred during the last session of Congress: a resolution recognizing the survey actually made of the true boundary line, in pursuance of the provisions of the act of 1812, was submitted to the consideration of one of the most intelligent and respectable of the standing committees of the House of Representatives, of which the Hon. Mr. Anderson of Kentucky, was chairman. That committee reported, it is believed by unanimous consent, in favor of the resolution, and