cession, and consent to the same, shall become fixed and established, as follows:

The Western State shall be bounded by the Mississippi, the Ohio, and Wabash rivers; a direct line drawn from the Wabash and Post Vincennes, due north, to the Territorial line between the United States and Canada, and by the said Territorial line to the Lake of the Woods and Mississippi.

The middle State shall be bounded by the said direct line, the Wabash, from Post Vincennes, to the Ohio, by the Ohio, by a direct line drawn due north from the mouth of the Great Miami, to the said Territorial line, and by the said Territorial line.

The Eastern State shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and the said Territorial line: Provided, however, and it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered, that if Congress shall hereafter find it expedient, they shall have authority 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 whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted by its delegates into the Congress of the United States on an equal footing with the original States, in all respects whatever, and shall be at liberty to form a permanent constitution and State government : vided, the constitution and government so to be formed shall be republican, and in conformity to the principles contained in these articles; and, so far as it can be consistent with the general interest of the Confederacy, such admission shall be allowed at an earlier period, and when there shall be a less number of free inhabitants in the State than sixty thousand.

By the aforesaid article, it appears to your committee that the line fixed as the boundary of the States to be formed in the Indiana Territory is unalterable, unless by common consent; that the line of demarcation, which the Wabash affords between the eastern and western portion of said Territory added to the wide extent of wilderness country which separates the population in each, constitute reasons in favor of a division, founded on the soundest policy, and conformable with the natural situation of the country. The vast distance from the settlements of the Wabash to the present seat of Territorial government, renders the administration of justice burdensome and expensive to them in the highest degree. The superior courts of the Territory are, by law,

established at Vincennes; at which place suitors, residing in every part of the Territory, are compelled to attend with their witnesses, which, to those who reside west of the Wabash, amounts almost to a total denial of justice. The great difficulty of travelling through an extensive and loathsome wilderness, the want of food and other necessary accommodations on the road, often presents an insurmountable barrier to the attendance of witnesses; and even when their attendance is obtained, the accumulated expense of prosecuting suits where the evidence is at so remote a distance, is a cause of much embarrassment to a due and impartial distribution of justice, and a proper execution of the laws for the redress of private wrongs.

In addition to the above considerations, your committee conceive that the scattered situation of the settlements over this extensive Territory cannot fail to enervate the powers of the Executive, and render it almost impossible to keep that part of the Government in order.

It further appears to your committee, that a division of the said Territory will become a matter of right under the aforesaid article of the ordinance, whenever the General Government shall establish therein a State government; and the numerous inconveniences which would be removed by an immediate separation, would have a direct tendency to encourage and accelerate migration to each distric, and thereby give additional strength and security to those outposts of the United States, exposed to the inroads of a savage neighbor, on whose friendly dispositions no permanent reliance can be placed.

Your committee have no certain data on which to ascertain the number of inhabitants in each section of the Territory; but, from the most accurate information they are enabled to collect, it appears that west of the Wabash there are about the number of eleven thousand, and east of said river about the number of seventeen thousand, and that the population of each section is in a state of rapid increase.

Your committee, after maturely considering this subject, are of opinion that there exists but one objection to the establishment of a separate Territorial government west of the river Wabash, and that objection is based on the additional expense which would, in consequence thereof, be incurred by the Government of the United States. But, it is also worthy of observation that the increased value of the public lands in each district, arising from the public institutions which would be permanently fixed in each,

to comport with the convenience of the inhabitants, and the augmentation of emigrants, all of whom must become immediate purchasers of these lands, would far exceed the amount of expenditure produced by the contemplated temporary government.

And your committee, being convinced that it is the wish of a large majority of the citizens of the said Territory that a separation thereof should take place, deem it always just and wise policy to grant to every portion of the people of the Union that form of government which is the object of their wishes, when not incompatible with the Constitution of the United States, nor subversive of their allegiance to the national sovereignty.

Your committee, therefore, respectfully submit the following resolution:

Resolved, That it is expedient to divide the Indiana Territory, and to establish a separate Territorial government west of the river Wabash, agreeably to the ordinance for the government of the Territory of the United States Northwest of the river Ohio, passed on the 13th day of July, 1787.

25. Creation of Illinois Territory (February 3, 1809).

On December 31, the same day on which the report was made, the select committee presented a bill for the division of Indiana Territory. This bill passed the House on January 18 by a vote of 69-37 and the Senate on January 31. The arguments advanced in the House in favor of the bill were that the Wabash river constituted a natural line of demarcation between the eastern and the western portions of the Territory; a wide extent of wilderness country separated the populations of the two divisions; the distance from the settlements west of the Wabash to the seat of government rendered the administration of justice burdensome and expensive in the highest degree, amounting almost to a denial of justice; the scattered situation of the settlements over this extensive country enervated the power of the executive and rendered it almost impossible to keep that part of the government in order; the division of the Territory was a matter of right, under the Ordinance; the inconveniences to be removed by an immediate separation would encourage the speedy population of the Territory; there were about 28,000 inhabitants in the Territory of Indiana and 2,700 between the ages of sixteen and twenty-one in that part to be constituted a new Territory; the expense would be fully compensated to the United States by the increased value of public lands in each district. The arguments against the bill were that officers would be multiplied without any corresponding advantage which was contrary to republican principles; the expense to the United States of the new government would be $6,950 yearly; the City of Washington contained at least as many people as the portion proposed to be erected into a new territory, and the District of Columbia as many as the whole territory, and it would certainly excite some surprise if Congress were to erect two territorial governments in the District, one on one side of the Potomac, and one on the

other; the creation of a new territory would be convenient to the men who would be appointed governors and judges, but for no one else; there was no other part of the United States in which the same inconvenience was not felt as that complained of by the inhabitants of Indiana Territory; there were many places in different States where the people had to go 200 or 300 miles to the courts; and a compliance with this petition would foster factions and produce more petitions.

[Annals, Tenth Congress, Second Session, 1808.]

AN ACT for dividing the Indiana Territory into two separate governments

Be it enacted, etc., That, from and after the first day of March next, all that part of the Indiana Territory which lies west of the Wabash river, and a direct line drawn from the said Wabash river and Post Vincennes, due north to the territorial line between the United States and Canada, shall, for the purpose of temporary government, constitute a separate Territory, and be called Illinois.

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 Congre ́s, passed on the thirteenth day of July, one thousand seven hundred and eighty-sevon, for the government of the Territory of the United States Northwest of the river Ohio; and by an act passed on the seventh day of August, one thousand seven hundred and eightynine, 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 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 officers in the Indiana Territory. And the duties and emoluments of Superintendent of Indian Affairs shall be united with those of Governor: Provided, That the President of the United States shall have full power, in the recess of Congress, to appoint and commission all officers herein authorized, and their

commissions shall continue in force until the end of the next session of Congress.

Sec. 4. And be it furthere nacted. That so much of the ordinance for the Government of the Territory of the United States Northwest of the Ohio river, as relates to the organization of a General Assembly therein, and prescribes the powers thereof, shall be in force, and operate in the Illinois Territory, whenever satisfactory evidence shall be given to the Governor thereof that such is the wish of a majority of the freeholders, not withstanding there may not be therein five thousand free male inhabitants of the age of twenty-one years and upwards: Provided, That until there shall be five thousand free male inhabitants of twentyone years and upwards in said Territory, the whole number of representatives to the General Assembly shall not be less than seven, nor more than nine, to be apportioned by the Governor to the several counties in the said Territory, agreeably to the number of free males of the age of twenty-one years and upwards, which they may respectively contain.

Sec. 5. 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 Illinois Territory, from and after the aforesaid first day of March next.

Sec. 6. And be it further enacted, That all suits, process, and proceedings, which, on the first day of March next, shall be pending in the court of any county which shall be included within the said Territory of Illinois, and also all suits, process, and proceedings, which, on the said first day of March 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 Illinois 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 Territory had remained undivided.

Sec. 7. And be it further enacted, That nothing in this act contained shall be so construed as to prevent the collection of taxes which may, on the first day of March next, be due to the Indiana Territory on lands lying in the said Territory of Illinois.

Sec. 8. And be it further enacted, That until it shall be otherwise ordered by the Legislature of the said Illinois Territory,