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on the grounds that the population around Detroit was too small to justify the expense of supporting a separate territorial government, and that if the advantages derived from a separate government were conferred on them they might, and would be claimed, with equal justice, by several detached settlements in the Mississippi and Louisiana Territories. The report was opposed on the theory that equal justice was due to every member of the American community, and that however small the population it was entitled to the same protection with a community composed of larger numbers; that the distance of this population from St. Vincennes was so great as to deprive them of the benefits resulting from the administration of justice; that Michilimackinac, which exported produce valued at more than $200,000, and from whose imports the United States derived a revenue of $17,000, was more than 800 miles from the present seat of government. Thirty-four votes were registered against the report and the bill was then advanced to third reading but was defeated on February 21 by a vote of 58-59.
[Annals, Eighth Congress, Appendix, 1589.) Communicated to the House December 29, 1803.
Mr. Lucas, from the committee appointed on the eighth instant, to whom was committed the bill sent from the Senate, entitled, “An Act to divide the Indiana Territory into two separate governments," made the following report:
That, by the ordinance for the government of the territory north of the river Ohio, it is stipulated that when any of the three divisions, pointed out to form separate States, shall contain 60,000 inhabitants, that division shall become a State in the Union, and have a right to exercise and enjoy a form of government free and republ'can. That it appears that nearly all the people contemp'ated to be governed by a territorial government, according to the bill from the Senate, are within the boundaries pointed out by the ordinance to form the State, which is now called the State of Ohio, and that they have a right to be a part of said State, and to be governed in conjunction with the people of said State, until Congress shall think proper to make a State of that and the adjacent country, agreeably to the said ordinance. Of course, your committee cannot recommend to the United States, to take upon themselves at this time, the expenses of a separate territorial government over that part of the country.
From the foregoing considerations, your committee respectfully submit their opinion, that the said bill ought not to be passed by this House. 19. Creation of Michigan Territory (January 11, 1805).
On December 5, 1804, a petition of James May and others of Michigan Territory was presented in the Senate asking for the division of Indiana Territory. On December 6, a similar petition of "the democratic republicans" of Wayne county, signed by their chairman, Robert Abbot, was also presented. Both of these petitions were referred to a select committee who presented a bill on December 14 which passed the Senate on Docember 24 and the House on January 7.
[Annals, Eighth Congress, Second Session, 1659.)
AN ACT to divide the Indiana Territory into two separate governments.
Be it enacted, etc., That, from and after the thirtieth day of June next, 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 sout herly 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. 2. 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 eight y-seven, for the government of the territory Northwest 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 government of 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 Northwest of the river Ohio by the said ordinance.
Sec. 3. And be it further enacted, That the officers of 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 officers in the Indiana Territory; and the duties and emoluments of Superintendent of Indian Affairs shall be united with those of Governor.
Sec. 4. 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. 5. 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. 6. And be it further enacted, That Detroit shall be the seat of government of the said Territory until Congress shall otherwise direct.
Approved, January 11, 1805.
Additional Compensation of Territorial Judges (March 3, 1807).
(Annals, Ninth Congress, Second Session, 1272.)
AN ACT allowing an additional compensation to the Judges of the Miss
issippi, Indiana, Michigan, and Louisiana Territories. Be it enacted, etc., That each of the Judges of the Mississippi, Indiana, Michigan, and Louisiana Territories, appointed under the authority of the United States, be entitled to the annual sum of twelve hundred dollars, in lieu of his present compensation, to commence on the first day of January last.
Approved, March 3, 1807.
21. Additional Compensation of Territorial Secretaries (December 5,
(Annals, Tenth Congress, First Session, 2813.)
AN ACT allowing an additional compensation to the secretaries of the
Mississippi, Indiana, Louisiana, and Michigan Territories. Be it enacted, etc., That each of the Secretaries of the Mississippi, Indiana, Louisiana, and Michigan Territories, appointed under the authority of the United States, be entitled to the annual sum of one thousand dollars, in lieu of his present compensation, to commence on the first day of January next.
Approved, December 5, 1807.
22. Extension of Suffrage-Ownership of Town Lots (February 26,
1808). According to the terms of the Ordinance of 1787, the qualifications for suffrage, aside from being a free white male twenty-one years of age or upward, were: (1) The ownership of 50 acres of land in the district, citizenship in one of the States and residence in the district; or (2) The ownership of fifty acres of land in the district and two years' residence in the district. On February 26, 1808, the right of suffrage, in response to numerous petitions, was slightly extended. Aside from being a free white male of the age of twenty-one years or upwards, a citizen of the United States, and a resident of the Territory for a period of one year, the qualifications were as follows: (1) The ownership of fifty acres of land; (2) The acquisition of fifty acres of land at any time by purchase of the United States; or (3) The ownership of a town lot of the value of $100.
(Annals, Tenth Congress, First Session, 2834.]
AN ACT extending the right of suffrage in the Indiana Territory.
Be it enacted, etc., That every free white male person in the Indiana Territory, above the age of twenty-one years, having been a citizen of the United States, and resident in the said Territory, one year next preceding an election of Representatives, and who has a legal or equitable title to a tract of land of the quantity of fifty acres, or who may become the purchaser from the United States of a tract of land of the quantity of fifty acres, or who holds in his own right a town lot of the value of one hundred dollars, shall be entitled to vote for Representatives to the General Assembly of the said Territory.
Approved, February 26, 1808.
23. Adverse Report of House Committee on Creation of Ilinois
Territory (April 11, 1808). The actual division of Indiana Territory into two separate territories and the creation of the Territory of Illinois was preceded by a campaign carried on by the presentation of numerous petitions in Congress. On December 18, 1805, a petition of the Legislative Council and House of Representatives of Indiana Territory was presented in the House asking that no division of the Territory be made. On December 19 a similar petition of the Territorial House of Representatives was presented. On January 17, 1806, a petition of the inhabitants of Randolph and St. Clair counties, suggesting the expediency of a division of the Territory, was introduced. All
of these petitions were referred to a select committee, who on February 14 made an unfavorable report, on the grounds that since the Territory had recently entered into the second grade government, the whole expense of the government would fall on the people of one section. On March 26, two petitions of sundry inhabitants of Randolph and St. Clair counties were presented to the House asking that the Territory be divided into two separate governments. During the second session of the 9th Congress, on February 20, 1807, two petitions were presented in the House, one of sundry inhabitants of the Territory in favor of a division, and one from the inhabitants of Randolph county in opposition. Both petitions were referred to a select committee. On April 6, 1808, two petitions of the inhabitants of Randolph and St. Clair counties and a petition of the inhabitants of the Illinois country were presented in the House asking for a division of the Territory, and were referred to a select committee, who submitted an unfavorable report on April 11, 1808, in which the House concurred.
(Annals, Tenth Congress, First Session, 2067.) Mr. Lyon, from the committee to whom were referred the petitions of the people of the counties of Randolph and St. Clair, in the Indiana Territory, made the following report:
That the petitioners state many hardships, inconveniences, and privations, as well as the discouragement of emigration into their country, under which they labor in consequence of a connexion, which they call unnatural, between the two very distant settlements, whose country, by the compact between the United States and the State of Virginia, is ordained to constitute two separate and distinct States.
Among the disadvantages, they state that the inhabitants of their two large and populous counties are subject to be called from one hundred and thirty to one hundred and fifty miles through a wilderness (which, for want of wood and living water, must long remain dreary and difficult to pass through), to attend as suitors, witnesses, &c., as the general court, which is held at Vincennes, has cognizance of every matter in controversy, exceeding the value of fifty dollars.
They state, also, that the country which is to constitute the Eastern State, having three-fifths of the representation in the Territorial Legislature, with all the officers for the administration of the Territorial Government, appointed by the President of the United States, they who live in the country which is to constitute the Western State, are oppressed with taxes, the avails thereof are expended in the country which is to form the Eastern State, and at the discretion of those over whom they can have no control. They pray for a dissolution of this connexion, and the