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JOURNAL OF THE PROCEEDINGS
OF THE
()()NVENTION OF DELEGATES
OHOSEN BY THE ELEOTOR'S OF THE
STATE OF MICHIG AN
IN PURSUANOR OF
AN ACT OF CONGRESS OF JUNE 15, 1836, AND AN ACT OF THE
LEGISLATURE OF SAID STATE OF JULY 25, 1836,
FOR THR PURPOSE OF TAKING INTO CONSIDERATION
THE PROPOSITION OF CON GRESS
RELATIVE TO THE
º
ADMISSION ()F THE STATE OF MICHIGAN INTO THE UNION
YSEGUN AND HELD
AT THE COURT HOUSE IN THE WILLAGE OF ANN ARROR,
ON
MONDAY, THE 26TH DAY OF SEPTEMBER, A. D. 1836.
EXPLAN ATORY.
There being no engrossed copy of the proceedings of the first and second
conventions, called to convene at Ann Arbor in the year 1836, for the pur-
pose of assenting to certain conditions required by the act of Congress of
June 15, 1836, on file in the Secretary of State's office, I have, from
printed copies found in the possession of private parties, had this reprint
prepared, and have ordered one hundred copies for the use of the Secretary
of State's office. The copy from which this edition is printed, was printed
by order of the legislature in 1836. Many typographical or clerical errors
are not changed in order to preserve the original character of the work.
WASHINGTON GARDNER,
Lansing, Much., December 1, 1894. Secretary of State.
391573
DOCUMENTS,
An Act to establish the Northern boundary line of the State of Ohio, and
to provide for the admission of the State of Michigan into the Union
upon the conditions therein expressed.
Be it enacted by the Senate and EHouse of Representatives of the United
States of America in Congress assembled, That the northern boundary line
of the State of Ohio shall be established at, and shall be a direct line
drawn from the southern extremity of Lake Michigan to the most north-
erly cape of the Maumee (Miami) Bay, after that line, so drawn, shall
intersect the eastern boundary line of the State of Indiana; and from the
said north cape of the said bay, north-east, to the boundary line between
the United States and the Province of Upper Canada, in Lake Erie; and
thence with the said last mentioned line, to its intersection with the west-
ern line of the State of Pennsylvania. -
Sec. 2. And be it further enacted, That the constitution and the State
government which the people of Michigan have formed for themselves be,
and the same is hereby, accepted, ratified and confirmed; and that the said
State of Michigan shall be, and is hereby declared to be one of the United
States of America, and is hereby admitted into the Union upon an equal
footing with the original states in all respects whatsoever: Provided,
always, and this admission is upon the express condition, that the said
State shall consist of and have jurisdiction over all the territory included
within the following boundaries, and over none other, to wit: Beginning
at the point where the above described northern boundary of the State of
Ohio intersects the eastern boundary of the State of Indiana, and running
thence with the said boundary line of Ohio, as described in the section of
this act, until it intersects the boundary line between the United States and
Canada, in Lake Erie; thence with the said boundary line between the
United States and Canada, through the Detroit river, Lake Huron and
Lake Superior, to a point where the said line last touches Lake Superior;
, thence in a direct line through Lake Superior to the mouth of the Mon-
treal river, thence through the middle of the main channel of the said
River Montreal, to the middle of the Lake of the Desert; thence in a direct
line to the nearest head water of the Menominee River; thence through
the middle of the fork of said river first touched by the said line; to the .
main channel of the said Menominee River; thence down the center of the
main channel of the same, to the center of the most usual ship channel of
6 STATE OF MICHIGAN.
the Green Bay of Lake Michigan; thence through the center of the most
usual ship channel of the said bay to the middle of Lake Michigan: thence
through the middle of Lake Michigan to the northern boundary of the
State of Indiana, as that line was established by an act of Congress of the
19th of April, 1816; thence due east with the north boundary #. of the
said State of Indiana to the northeast corner thereof; and thence south
with the east boundary line of Indiana to the place of beginning.
Sec. 3. And be it further enacted, that as a compliance with the fund-
amental condition of admission contained in the last preceding section of
the act, the boundaries of the said State of Michigan as in that section
described, declared, and established, shall receive the assent of a conven-
tion of delegates elected by the people of said state for the sole purpose of
giving the assent herein required as soon as the assent herein required
shall be given the President of the United States shall announce the same
by proclamation; and thereupon, and without further proceeding on the
part of Congress, the admission of the said State into the Union as one
of the United States of America, on an equal footing with the original
states in all respects whatever, shall be considered as complete, and the
Senators and Representatives who have been elected by the said state as
its representatives in the Congress of the United States, shall be entitled
to take their seats in the Senate and House of Representatives respectively
without further delay.
Sec. 4. And be it further enacted, That nothing in this act contained,
or in the admission of the said state into the Union as one of the United
States of America upon an equal footing with the original states in all
respects whatever, shall be so construed or understood as to confer upon
the people, legislature, or other authorities of the said State of Michigan,
any authority or right to interfere with the sale by the United States, and
under their authority, of the vacant and unsold lands within the limits of
the said State, but that the subject of public lands, and the interests which
may be given to the said State therein, shall be regulated by future action
between Congress on the part of the United States, and the said State or
the authorities thereof. And the said State of Michigan shall in no case,
and under no pretence whatever, impose any tax, assessment, or imposition
; any description, upon any of the lands of the United States within its
imits.
Approved June 15th, 1836.
An act to provide for the election of Delegates to a Convention.
Whereas, by an act of Congress, approved June 15th, 1836, entitled “An
act to establish the northern boundary line of the Stato of Ohio, and to
provide for the admission of the State of Michigan into the Union upon
the conditions therein expressed,” it is in Soction third declarod, That as a
compliance with the fundamental condition of admission contained in the
last preceding section of this act, the boundaries of the said State of Mich-
igan, as in that section described, declared and established, shall receive
the assent of a convention of delegates elected by the people of said State,
for the sole purpose of giving the assent herein required; therefore,
Sec. 1. Be it enacted by the senate and house of representatives of the
State of Michigan, That the electors of said State be and they aro hereby
CONVENTION OF DELEGATES. 7
authorized to choose delegates to a convention. who shall be elected in the
respective counties, as follows, to wit: The county of Wayne shall’ be
entitled to eight delegates; the county of Monroe to four delegates; the
counties of Washtenaw and Livingston to seven delegates; the county of St.
Clair to one delegate; the county of St. Joseph to two delegates; the
county of Berrien to one delegate; the county of Calhoun to one delegate:
the county of Jackson to one delegate; the county of Cass to two delegates;
the county of Oakland to six delegates; the county of Macomb to three
delegates; the county of Lenawee to four delegates; the county of Kala-
mazoo to two delegates; the county of Branch to one delegate; the county
of Hillsdale to one delegate; the county of Lapeer to one delegate; the
counties of Saginaw, Genesee, and Shiawassee to one delegate; the county
of Michilimackinac to one delegate; the county of Chippewa to one dele-
gate; the counties of Kent, Ionia, Ottawa and Clinton to one delegate; and
the counties of Allegan and Barry to one delegate.
Any country attached to any county for judicial purposes, if not other-
wise represented, shall be considered as forming part of such county so far
as regards the election for the purpose of representation in the Covention.
Sec. 2. The election for the said delegates shall be holden on the 2nd
Monday of September next, in the several townships within the several
counties and shall be in every respect held and conducted in the same
manner, and under the same regulations and the result certified, trans-
mitted, and declared in the same manner, as near as may be, as heretofore
provided for the election of the members of the House of Representatives.
Sec. 3. The said convention shall meet at the court house in the village
of Ann Arbor, on the 4th Monday of September next.
Sec. 4. The delegates shall receive for their services the same compen-
sation now allowed to the members of the legislature to be paid out of the
State Treasury, out of any money not otherwise appropriated.
E. MUNDY,
President of the Senate.
E. CONVIS,
Speaker of the House of Representatives.
Approved July 25th, 1836.
STEVENS. T. MASON.
State of Michigan in convention.
Monday, Sept. 26, 1836.
Whereas, the Congress of the United States, by an act entitled “An Act
to establish the northern boundary of the State of Ohio, and to provide for
the admission of the State of Michigan into the Union, upon the condi-
tions therein expressed;” approved June 15th, 1836, did enact and declare,
“That the constitution and State Government, which the people of the
State of Michigan have formed for themselves, be and the same is hereby
accepted, ratified, and confirmed; and that the said State of Michigan
shall be and is hereby declared to be one of the United States of America,
and is hereby admitted into the Union, upon an equal footing with the
original States in all respects whatever, '' thereby acknowledging our ("on-
8 STATE OF MICHIGAN.
stitution as republican, and in accordance with the Constitution of the
United States, and the Ordinance of 1787.
And whereas, Congress have also in said act inserted a proviso pro-
posing a radical alteration of our southern and southeastern boundary,
Secured to us by the articles of compact contained in the aforesaid ordi-
nance of 1787—and which acceded to by the people of Michigan, would
deprive us of all jurisdiction over the waters of Lake Erie, and gratuitously
bestow on Ohio the exclusive jurisdiction on the waters of said Lake, from
the Pennsylvania line to the mouth of Detroit River; a gift, the extent of
which (we believe) neither Congress nor the State of Ohio, fully compre-
hended; and have required the people of this State to give their assent to
the aforesaid change of boundaries, by a Convention of Delegates to be by
them elected.
And whereas, The Legislature of This State, without any authority
derived from our constitution, by an act entitled “An act to provide for the
election of Delegates to a convention,” refer particularly to said Act of
Congress, and seem to adopt it as the basis of their action and to acknow-
ledge the power therein assumed by Congress.
And whereas, This convention taking into consideration the just rights
of Michigan, as respects her southern and southeastern boundary, and also
her constitution, embracing that part of our territory claimed by Ohio, and
believing that the assent required by the said proviso, cannot be given by
us, without a palpable violation of our constitution, (which provides the
only way in which it can be amended, and over which this convention have
no control, ) without a sacrifice of our rights and interests, and without
committing an act of self-degradation. Therefore,
Resolved, That this convention cannot give their assent to the proposi-
tion contained in said proviso, but the same is hereby rejected.
Resolved, unanimously, That this convention do most solemnly protest
against the right of the Congress of the United States to attach any such
condition as that contained in the Act of Congross of June 15th, 1836; as
being contrary to the articles of compact contained in the ordinance of
1787 and the constitution and State government which the people of Mich-
igan have formed for themselves and submitted to Congress—it being of a
republican character and so conceded by its ratification and acceptance, as
declared in the second section of the aforesaid act of Congress.
Resolved, unanimously, That all questions, touching the conflicting
claims of states to jurisdiction or sovereignty, ought of right to be adjudi-
cated, whenever they are found to exist, by negotiation between the states
interested, subject to a subsequent ratification by the Congress of the
United States, or by an appeal or resort to the highest judicial tribune of
this Union.
Resolved, That a select committee of three be appointed, whose duty it.
shall be to prepare, in behalf of this convention, and forward to the Presi-
dent of the United States, a communication to accompany the preamble
and the resolutions, passed by this convention.
Resolved, That three Delegates be selected by this convention, who are
hereby requested to visit Washington during the approaching session of
Congress, to co-operate with our senators and representative in Congress,
for the promotion of the cause, interests and RIGHTS of the people of
this State.
Resolved, That a select committee of five members be appointed to draft
CONVENTION OF DELEGATES. 9
and address to the electors of this State, expressive of the views of this
convention.
Resolved, That this convention have entire confidence in the validity of
the constitution of the State of Michigan, and of the laws passed in con-
formity thereto; and recommended to the people of this State, a due observ-
ance of an obedience of the same.
Resolved, That the preamble and resolutions passed by this convention
touching the admission of this State into the Union be signed officially by
the President and Secretaries, and forwarded without delay to the Presi-
dent of the United States, accompanied by the memorial to be prepared by
a committee appointed for that purpose.
I)one in convention this 30th day of Sept., 1836.
(Signed)
WILLIAM DRAPER,
President.
CHARLES A. JEFFERIES,
SAMUEL YORKE ATLEE,
Secretaries.
Monday, Sept. 26th, 1836.
The delegates elected to a convention called for the purpose of taking
into consideration the proposition of the Congress of the United States
touching the admission of the State of Michigan into the Union, having
appeared at the Court house, in the village of Ann Arbor, it was, on
motion of Austin E. Wing, of Monroe,
Resolved, That William Draper of Oakland, be appointed President pro
tem of this convention.
On motion of Mr. Lane of Washtenaw,
Resolved, that Chas. A. Jefferies of Washtenaw be appointed Sec'y pro
tem.
On motion of Mr. Richardson of Oakland,
Resolved, That Martin Davis of Washtenaw be appointed Sargent at
Arms, pro tem.
On motion of Mr. Wilkins of Lenawee,
Resolved, That a committee of seven be appointed, whose duty it shall
be to examine the credentials and report the names of delegates duly
elected to this convention.
Whereupon, the Chair announced the following gentlemen as said com-
mittee:–Messrs. Wilkins, McDonell, Wing, Gilbert, Richmond, Welch and
Richardson.
On motion of Mr. Wilkins,
Resolved, That the Sargent at Arms be authorized to provide seats,
tables, stationery, etc., for the use of the members.
On motion of Mr. Lawrence,
Resolved, That a committee be appointed to report rules for the govern-
ment of the Convention.
Messrs. Lawrence, Drake and Welch were appointed said committee.
P º motion of Mr. McDonell, the convention adjourned to 4 o’clock
2
10 STATE OF MICHIGAN.
4 o'clock P. M.
The convention met pursuant to adjournment.
Mr. Wilkins from the committee appointed to examine the credentials of
delegates reported the names of the following gentlemen as entitled to seats
in this convention:
Wayne County: Titus Dort, David C. McKinistry, Lewis Beaufait, Benj.
B. Kercheval, Ammon Brown, Eli Bradshaw, Horace A. Noyes, John
McDonell.
Monroe county : Austin E. Wing, Robert Clark, Edward D. Ellis,
Wolcott Lawrence.
Washtenaw and Livingston—Seth Markham, Michael P. Stubbs, Marcus
Lane Ebenezer H. Conklin, George P. Jefferies, Elnathan Noble, G. W.
Glover,
St. Clair—Charles Kimball.
St. Joseph-Columbia Lancaster, Watson Sumner.
Berrien—Titus B. Willard.
Calhoun —Lorenzo B. Collamer. |
Jackson:—Ethan Allen.
Cass:–James Newton, James Odell.
Oakland:—O. D. Richardson, William Draper, S. A. L. Warner, Sam-
uel Satterlee, Edward Peck, John L. Brownell.
Macomb:-John Tucker, John S. Axford, Linus S. Gilbert.
Lenawee:---Darius Comstock, Joseph Rickey, Ross Wilkins, John
Hutchins.
Kalamazoo :-Joseph A. Smith, William H. Welch.
Branch :-Harvey Warner.
Hillsdale:–Zachariah Van Duser.
Lapeer:-Mason Butts.
Saginaw, Genesee and Shiawassee;--Thomas J. Drake.
Chippewa:-Stephen R. Wood.
Ottawa, Kent, Ionia and Clinton :-William A. Richmond.
Allegan and Barry :—Richard Weare.
The committee further reported that Messrs. Odell and Van Duser pro-
duced no certificates of election, but from collateral evidence furnished.
recommended that they be permitted to take seats.
On motion of Mr. Wilkins it was
Resolved, That the report of the committee be accepted.
On motion of Mr. Richardson it was
Resolved, That Messrs. Odell and Van Duser be permitted to take seats
in the convention; the former as a delegate from Cass County and the latter
as delegate from Hillsdale County.
Mr. Lawrence, from the committee to prepare rules for the government
of the convention, made a report which was laid on the table.
The following resolutions, offered by Mr. Wilkins, were severally read
and laid on the table.
Resolved: That a committee of expenditures be appointed, to consist of
three members, who shall have the supervision of the expenditures of this
convention.
Resolved, That the officers of this convention shall consist of a Presi-
dent, two Secretaries and a Sargent at Arms, and that the same shall be
chosen by ballot.
Mr. McDonell offered the following resolution,
CONVENTION OF DELEGATES. 11
Resolved, That E. P. Gardner be employed to do the printing of this
convention. *
Mr. Wing moved so to amend said resolution as to authorize the Secre-
tary to procure the printing required by the convention.
On motion of Mr. Smith,
The convention adjourned till tomorrow morning at 9 o'clock.
Tuesday, Sept. 27, 1836.
Present, The President, and a quorum of members.
Mr. McDonell offered the following resolution:
Resolved, That this convention do forth with proceed to elect, by ballot,
a President, Secretary, Sargent At Arms, and a person to do such printing
as may be required by the convention, and that a majority of the votes
given by the members present shall be necessary to an election.
On motion of Mr. Welch said resolution was so amended as to strike out
all that part relating to the appointment of a printer, and further amended
so as to require the election of officers to be made viva voce.
The resolution, as amended, was then adopted as follows:
Resolved, That this convention do forthwith proceed to elect, viva voce.
a President, Secretary, and Sargent At Arms, and that a majority of the
whole number of voters present, shall be necessary to an election.
Mr. Wing nominated Wm. Draper as President.
Mr. McDonell nominated David C. McKinstry.
The question having been taken was decided as follows:—
For Wm. Draper—Messrs. Allen, Axford, Brownell, Butts, Clark, Conk-
lin, Drake, Ellis, Gilbert, Glover, Jefferios, Lane, Lawrence, Markham,
Nowton, Noble, Odell, Peck, Richardson, Satterlee, Smith, Stubbs, S. A.
L. Warner, Welch, Willard, Wing, -–26.
For David C. McKinstry–Messrs. Beaufait, Bradshaw, Brown, Colla-
mer, Comstock, Dort, Hutchins, Kercheval, Kimball, Lancaster, McDon-
ell, Noyes, Richmond, Rickey, Pinkney, Sumner, Tucker, Van Duser, H.
Warner, Weare, Wilkins, Wood, -—21.
William Draper having received a majority of the whole number of votes
given was thereupon declared to be duly elected President,
The convention then proceeded to the election of a Secretary,
Mr. Lane nominated Charles A. Jefferies.
Mr. McDonell nominated Jonathan E. Field.
The question having been taken was decided as follows:–
For Chas, A. Jefferies—Messrs. Allen, Axford, Brownell, Butts, Conk-
lin, Clarke, Drake, Draper, Ellis, Gilbert, Glover, Jefferies, Lane, Law-
rence, Markham, Newton, Noble, Odell, Peck, Richardson, Satterlee,
Smith, Stubbs, S. A. L. Warner., Welch, Willard, Wing.—27.
For Jonathan E. Field–Messrs. Beaufait, Bradshaw, Brown, Collamer,
Comstock. Dort, Hutchins, Kercheval, Kimball, Lancaster, McDonell,
McKinstry, Noyes, Richmond, Rickey, Sumner, Tucker, Van Duser,
H. Warner, Weare, Wilkins, Wood, -22.
Charles A. Jefferies was thereupon declared elected Secretary.
The convention then proceeded to the election of a Sargent At Arms.
Mr. Ellis nominated Martin Davis.
12 STATE OF MICHIGAN.
Mr. McDonell nominated Abraham Vandemart.
The question having been taken was decided as follows:--
For Martin Davis—Messrs. Allen, Axford, Brownell, Butts, Conklin,
}larke, Drake, Draper, Ellis, Gilbert, Glover, Jefferies, Lane, Lawrence,
Markham, Newton, Noble, Odell, Peck, Richardson, Satterlee, Smith,
Stubbs, Tucker, S. A. L. Warner, Welch. Willard, Wing 28.
For Abraham Vandemart, —Messrs. Beaufait, Bradshaw, Brown, Colla-
mer, Comstock, Dort, Hutchins, Kercheval, Kimball, Lancaster,
McDonell, McKinstry, Noyes, Richmond, Richey, Sumner, Van Duser,
H. Warner, Weare, Wilkins, Wood, -21.
Martin Davis was thereupon declared duly elected Sargent. At Arms.
* Lawrence offered the following resolution which was laid on the
table.
Resolved: That the President request the Rev, the Clergy of this village
to attend alternately and open the sittings of this convention by prayer.
The rules reported yesterday, having been taken up, on motion of Mr.
McDonell were considered and amended and adopted as follows:—
RULES,
1. Upon the appearance of a quorum, the President shall take the chair
and the convention shall be called to order.
2. The minutes of the preceeding day shall then be read, at which time
mistakes, if any, shall be corrected.
3. The President shall preserve order and decorum, and shall decide
questions of order, subject to an appeal to the convention; he shall have
the right to nominate any member to perform duties of the Chair; but
such substitution shall not extend beyond an adjournment.
4. All motions and addresses shall be made to the President, the mem-
ber rising from his seat.
5. No motion shall be debated or put unless the same shall be seconded,
it shall be stated by the President before debate, and every motion shall
be reduced to writing at the request of any member or the President.
6. On any question taken, the yeas and nays shall be entered on the
journal if requested by two members; no member present shall be excused
from voting when the yeas and nays are called,
7. If two or more members shall rise at once, the President shall name
the person who is to speak first.
8. No interruption shall be suffered while a member is speakng, but
by a call to order by the President, or by a member through the President,
when a member is called to order shall immediately sit down until per-
mitted by the President to procood.
9. While the President is putting a question no member shall walk out
of or across the house, nor when a member is speaking shall any member
be engaged in conversation or pass between him and the chair.
10. No member shall be referred to by name in debate.
11. Any member making a motion may withdraw it before the question
is put thereon and before amendment is made—after which any other
member may renew the same motion.
12. All committees shall be appointed by the President.
13. No person shall bo admitted within the bar without the permission
CONVENTION OF DELEGATES. 13
of the President except the members of the convention, its officers and
attendants.
14. The previous question shall be always in order, and until decided
shall prelude all amendment and debate of the main question, and shall
be in this form—“shall the main question be now put?” The previous
question shall not be put unless seconded by three-fourths.
15. All questions shall be put in the order they are moved, except in
cases of amendment and filling up blanks, when the amendment last pro-
posed the highest number and longest time shall be first put.
16. A motion to adjourn shall be always in order, and shall be decided
without debate.
17. In forming committees of the whole, the President before he leaves
the chair, shall appoint a chairman.
18. No member shall speak more than twice on the same question with-
out leave, nor more than once until every member choosing to speak shall
have spoken.
19. No motion for re-consideration shall be in order, unless on the
same day or the day following that on which the decision proposed to be
re-considered took place, nor unless one of the majority or an absent mem-
ber shall move such re-consideration;–a motion for re-consideration hav-
ing been put and lost, shall not be renewed, nor shall any subject be a second
time re-considered without the consent of # of the members present.
20. The preceeding rules shall be observed in committee of the whole
so far as they are applicable, except that part of the 18th rule which
restricts members from speaking more than twice on the same question.
21. If any Stenographers present themselves for admission, the Presi-
dent may at his discretion admit them within the bar or not.
Tuesday, Sept. 27, 1836.
Mr. Ellis presented a communication from Ira Smith and thirty others,
inhabitants of Toledo, in the disputed territory, claiming to be citizens of
Michigan, and as such asking her protection, and solemnly protesting
against the power of the convention to surrender to Ohio the district of
country lying north of the Fulton line, in which they have purchased lands
of the general government; and that inasmuch as they have aided in form-
ing the constitution of the State of Michigan, they deny the power of con-
gress to divest them of their rights and privileges under the same.
Said communication having been read was laid on the table.
Mr. Clark offered the following preamble and resolution which was laid
on the table and ordered to be printed,—
Whereas the Congress of the United States, by an act entitled “an act
to establish the northern boundary of the State of Ohio, and to provide for
the admission of the State of Mich, into the Union upon the conditions
therein expressed,” approved June 15th, 1836, did enact and declare “That
the constitution and state government, which the people of Michigan have
formed for themselves, be and the same is hereby accepted, ratified and
confirmed; and that the said State of Mich. shall be and is hereby
declared to be one of the United States of America, and is hereby admit-
ted into the Union, upon an equal footing with the original states in all
14 * STATE OF MICHIGAN.
respects whatever, '' thereby acknowledging our constitution as republican,
and in accordance with the constitution of the U. S., and the ordinance
of 1787.
And whereas Congress have also in the same act inserted a proviso pro-
posing a radical alteration of our southern and southeastern boundary,
secured to us by the articles of compact contained in the aforosaid ordi-
nance of 1787–and which, if acceded to by the people of Michigan,
would deprive us of all jurisdiction over the waters of Lake Erie, and gra-
tuitously bestow on Ohio the exclusive jurisdiction on the waters of said
Lake, from the Pennsylvania line to the mouth of the Detroit river, a gift,
the extent of which (we believe) neither congress nor the State of Ohio
fully comprehended, and have required the people of this state to give
their assent to the aforesaid change of boundaries, by a convention of Del-
egates to be by them elected.
And whereas, the Legislature of this State, without any authority derived
from our constitution, by an act entitled “an act to provide for the election
of delegates to a convention,” refer particularly to said act of Congress,
and seem to adopt it as the basis of their action and to acknowledge the
power therein assumed by Congress.
And whereas, this Convention taking into consideration the just rights
of Michigan as respects her southern and southeastern boundary, and also
her constitution, embracing that part of our territory claimed by Ohio, and
believing that the assent required by the said proviso, cannot be given by
us, without palpable violation of our constitution, (which provides the
only way in which it can be amended, and over which this convention
have no control) without a sacrifice of. our rights and interests, and without
committing an act of self degradation—Therefore
Resolved, That this convention cannot give their assent to the proposi-
tion contained in said proviso—but the same is hereby rejected.
Mr. Wilkins submitted a preamble and resolutions and gave notice that he
should offer the same as a substitute for the proposition offered by Mr.
Clark, when the same should be brought up for consideration: read and
laid on the table, and ordered to be printed.
On motion of Mr. Ellis,
Resolved that a select committee be appointed whose duty it shall be to
superintend and cause to be printed all necessary documents required by
this convention. g
Messrs. Ellis, Welch and Noyes were appointed said committee.
The resolution offered by Mr. Wilkins relative to the expenditures of the
convention was considered and adopted; and Messrs. Wilkins, Drake, and
McDonnell were appointed said committee of expenditures.
On motion of Mr. McDonell
Resolevd that 100 copies of the Rules adopted by this convention be
printed.
On motion of Mr. McKinistry the convention adjourned to 3 o'clock
P. M.
Mr. Ellis presented a certificate from the Board of Inspectors of Mon-
roe County, which was read and laid on the table.
On motion of Mr. McDonell the resolution relative to the Clergy was
taken up, considered and adopted without amendment.
On motion of Mr. Axford the convention adjourned till 10 o’clock A. M.
tomorrow.
CONVENTION OF DELEGATES. 15
Wednesday, Sept. 28, 1836.
Present, the President, and a quorum of members.
Prayer by Rev. Mr. Beach.
Mr. McDonell presented a communication from the Sec'y of State,
accompanied by a report of a committee of engineers relative to the south-
eastern boundary of the State of Mich. which was also laid on the
table.
Mr. Wing submitted the original report of the said committee of engi-
neers, varying somewhat from the report transmitted by the Sec'y of State.
which was read and laid on the table.
On motion of Mr. Lane,
Resolved, That an additional secretary be appointed by this convention.
Whereupon, Samuel Yorke Atlee of Kalamazoo, was designated to per-
form said duties.
On motion of Mr. Drake, the documents received from the Sec'y of
State together with the one presented by Mr. Wing having been read as
follows:–were ordered to be printed.
SEC'Y OF STATE's OFFICE,
Detroit, Mich., Sept. 21, 1836.
To the President of the State Convention:
Sir, –In obedience to the direction of the executive, I have the honor to
transmit to the Convention a copy of the report of the commissioner
appointed, “to ascertain the correct position of a due northeast line from
the most northwardly cape of the Maumee Bay, to the northern boundary
of the U. S. I also transmit the acts passed at the First Session of the
24th Congress of the U. S., embracing the several acts relative to the
establishment of the Southern boundary of this state, and her admission
as a member of the Union.
I am, sir, with great respect, your obt. servt.,
KINTZING PRITCHETTE,
Sec'y of State.
Monroe, September 3, 1836.
The undersigned have the honor to report that they have carefully dis-
charged the duty assigned them, viz., to ascertain the correct position of
a due northeast line from the most northwardly cape of the Maumee Bay,
to the northern boundary of the United States; that line being one of the
boundaries to which the recent act of Congress requires the assent of the
State of Michigan by a change of her present constitution.
We find that a line running due northeast from the outer north cape
(commonly called “the north cape”) of the Miami Bay, passes River Raisin
point at the distance of 3 miles, and 3 miles, and Stoney Point at the dis-
4
16 STATE OF MICHIGAN.
tance of 4 miles, and intersects the northern boundary of the U. S., at a
distance of 4% miles S. E. Point Mouille.
We also find that the most northwardly cape (or point) within the Mau-
mee Bay, lies about 3 miles northwest-wardly from the cape above men-
tioned; and that a line running due northeast therefrom passes Stoney Point
at the distance of about 1 mile, S. E.; Raisin Point at the distance of 3 miles
S. E. and intersects the northern boundary of the United States at a distance
of 1% miles from Point Mouille. Of course neither of these lines touch
either Raisin Point, Stoney Point or Point Mouille.
A minute and detailed report accompanied by a proper map to illus-
trate it will be forwarded as soon as it can be prepared.
H. SMITH,
NATHAN HUBBLE.
A true copy,
KINTZING PRITCHETTE,
Sec'y of State.
ORIGINAL REPORT OF THE COMMITTEE OF ENGINEERS
ON THE SOUTHEASTERN BOUNDARY OF MICH.
The undersigned committee of Engineers appointed by your Excellency
to survey and ascertain the true situation in reference to the Lake coast
of this State, of the line denominated by the act of Congress of the 15th
of June, 1836, as the line to be run northeast from “the most northwardly
cape of the Miami Bay” to the Territorial line, being the same line pro-
posed and submitted to the people of this state for their acceptance or
rejection, as the boundary line between the State of Michigan and the
State of Ohio, state that they have carefully attended to the duties
assigned them, and do make the following
REPORT
Since Capt. Henry Smith left us, we proceeded to the River Raisin
Light House, and then having taken the bearing of the Turtle Island
Light House, which we could clearly discover, we formed a base line from
the first mentioned light house, to the River Raisin Point, by which we
were enabled to connect with some degree of accuracy, the position of the
several points before ascertained, in relation to the anticipated eastern
boundary of the State of Michigan. As we have previously in connec-
tion with Capt. Henry Smith explored the Miami Bay, taken the bear-
ings of the two capes which are there discovered and of the Turtle Island
Light House, we were therefore led by means of the last observations made
by us at the River Raisin Light House enabled to connect the points west
of the Miami Bay with the River Raisin and Stoney Points. The two
capes above alluded to, on the northeast side of the Miami Bay, are separ-
ated from each other by the distance of about three miles: and the west-
CONVENTION OF DELEGATES. 17
wardly one of which lies northwardly from the other about 1% miles. We
have therefore drawn two lines parallel with each other, one from each
of the aforesaid capes, running a northeastwardly course. From which
it appears that a northeast course from the most eastwardly and more south-
erly cape will pass southeast of Stoney Point about 4 miles, and Southeast
of River Raisin Point about 3% miles. And that a northeast course from
the more eastwardly and “most northwardly cape” will pass Southeast
of said Stoney Point, at a distance of about 1 mile, and southeast of River
Raisin Point, at a distance of only about , of a mile.
We have the honor to be, sir, your obedient servants,
HENRY DISBROW,
NATELAN EIUBBLE.
I coincide in the above
•º H. SMITH.
Monroe, Sept. 10, 1836.
Wednesday, Sept. 28, 1836.
On motion of Mr. Wilkins, the convention proceeded to the considera-
tion of the preamble and resolution dissenting from the proposition of
Congress relative to the admission of this State into the Union, heretofore
offered by Mr. Clark of Monroe.
Mr. Clark moved that said preamble and resolution be adopted.
Mr. McDonell moved to amend said preamble and resolution by substi-
tuting the following:
Resolved, By the people of Michigan, in convention assembled by their
delegates, in pursuance of an act of Congress of the U. S. approved June
15th, 1836, entitled “An act to establish the northern boundary of the State
of Ohio, and for the admission of the State of Mich. into the Union on the
conditions therein expressed.” That we assent to the terms therein
expressed, but nevertheless, reserving to the said state, and to the people
thereof, every right secured to them by the ordinance of 1787, and protest-
ing against the right of the Congress of the U. S. to alter the conditions of
the said ordinance without the common consent of the parties thereto.
Mr. Ellis moved to amend the above by adding the words, “which is
hereby given.”
The amendment offered by Mr. Ellis having been subsequently with-
drawn, the question was taken on the substitute offered by Mr. McDonell
and decided in the negative, by Yeas and Nays as follows:—
Yeas—Mossrs. Beaufait, Bradshaw, Brown, Collamer, Comstock, Dort,
Hutchins, ICercheval, Kimball, Lancaster, McDonell, McKinistry, Noyes,
Rickey, Richmond, Sumner, Van Duser, Wilkins, H. Warner, Weare,
Wood, -21.
Nays, -Messrs. Allen, Axford, Brownell, Butts, Conklin, Clarke, Drake,
Draper, Ellis, Golbert, Glover, Jefferies, Lane, Lawrence, Markham,
Newton, Noble, Odell, Peck, Richardson, Satterlee, Smith, Stubbs,
Tucker, S. A. L. Warnet, Wolch, Willard, Wing. - 28.
• )
18 STATE OF MICHIGAN.
Mr. Wilkins in pursuance of previous notice then offered the following
as a substitute:
Whereas, By an act of Congress of June the 15th, 1836, the constitution
and State government which the people of Mich. have formed for them-
selves, is conditionally accepted, ratified and confirmed;—and whereas, the
admission of the State of Mich. into the Union, as one of the United
States, is provided by the said act, to be upon the express condition “that
the said state shall consist of and have jurisdiction over all the territory
included within the following boundaries and none other: to wit—Begin-
ning at the point where the described northern boundary of the State of
Ohio intersects the eastern boundary of Indiana, and running thence with
the said boundary line of Ohio as described in the first section of the said
act until it intersects the boundary line between the U. S. and Canada
in Lake Erie; thence with the said boundary line between the U. S.
and Canada through the Detroit river, Lake Huron and Lake Superior,
to a point where the said line last touches Lake Superior, thence in
a direct line through Lake Superior, to the mouth of the Montreal River,
thence through the middle of the main channel of the said Montreal
River, to the middle of the Lake of the Desert, thence in a direct line
to the nearest head water of the Menominee River, —thence through
the middle of that fork of the said river first touched by the said line, to
the main channel of the said Menominee River, —thonce down the center of
the main channel of the same to the conter of the most usual ship channel
of the Green Bay of Lake Michigan, thence through the center of the most
usual ship channel of the said Bay of the middle of Lake Michigan,
thence through the middle of Lake Michigan, to the northern boundary of
the State of Indiana, as that line was established by the act of Congress of
the 19th of April, 1816, thence due east with the north boundary line of
the state of Indiana to the northeast corner thereof and thence south, with
the east boundary line of Indiana to the place of beginning: “And,
whereas, As a compliance with the condition of admission described in
said act, it is provided and required in said act, that the above described
boundaries of the State of Michigan shall receive tho assent of a conven-
tion of delegates elected (by the people of said state for the sole purpose of
giving their assent:—And, whereas, it is further provided and enacted in
said act that as soon as the assent therein required shall be given the
President of the U. S. shall announce the same by proclamation, &
thereupon, and without any further proceeding on the part of Con-
gress the admission of the said state into the Union as one of the United
States of America on an equal footing with the original states in all
respects whatever shall be considered as complete, –and, whereas, tran-
quillity, order, and judicial certainty will be promoted and preserved by an
immediate admission into the Union as one of the sovereign states.
Therefore be it
Resolved, By the people of Mich. in convention assembled that the
assent, required in the foregoing recited act of the Congress of the U. S.
is hereby given.
Resolved, That notwithstanding the assent hereby given this convention
do most solemnly protest against the right of the Congress of the U.
S. to attach any such condition as that contained in the foregoing
recited act as being contrary to the article of compact contained in the
ordinance of 1787; and the constitution and the State Government which
the people of Mich. have formed for themselves and submitted to Con-
CONVENTION OF DELEGATES. 19
gress being of a republican character, and so conceded in the second sec-
tion of the act already cited, entitled, “An act to establish the northern
boundary of Ohio and for the admission of Mich. into the Union upon
the conditions therein expressed.”
The preamble and resolution offered by Mr. Wilkins having been con-
sidered were negative by yeas and nays as follows:–
Yeas, -Messrs. Beaufait, Brown, Bradshaw, Collamer, Comstock, Dort,
Hutchins, Kercheval, Kimball, Lancaster, McKinistry, McDonell, Noyes,
Rickey, Richmond, Sumner, Van Duser, Wilkins, H. Warner, Wood,
Weare, —21.
Nays, -Messrs. Allen, Axford, Brownell, Butts, Clark, Conklin, Draper,
Drake, Ellis, Gilbert, Glover, Jefferies, Lawrence, Lane, Markham,
Noble, Newton, Odell, Peck, Richardson, Saterlee, Smith, Stubbs, Tucker,
Willard, S. A. L. Warner, Welch, Wing, —28.
The question was then taken on the preamble and resolution (of dissent)
offered by Mr. Clark of Monroe, and decided in the affirmative by yeas
and nays as follows.
Yeas, -Messrs. Allen, Axford, Brownell, Butts, Clark, Conklin, Drake,
Draper, Ellis, Gilbert, Glover, Jefferios, Lane, Lawrence, Markham,
Newton, Noble, Odell, Peck. Richardson, Satterlee, Smith, Stubbs,
Tucker, S. A. L. Warner, Welch, Willard, Wing, —28.
Nays—Messrs. Beaufait, Bradshaw, Brown, Collamer, Comstock, Dort,
Hutchins, Kercheval, Kimball, Lancaster, McDonell, McKinistry, Noyes,
Richmond, Rickey, Sumner, Van Duser, H. Warner, Weare, Wilkins,
Wood, -21.
Mr. Ellis offered the following resolutions, which were read, laid on the
table and ordered to be printed:
Resolved, ~That this convention most solemnly protest against the right
of the Congress of the U. S. to attach any such condition as that
contained in the foregoing recited act, as being contrary to the articles of
compact contained in the ordinance of 1787, and the constitution and state
government which the people of Mich, have formed for themselves, and
submittted to Congress being of a republican character, and so conceded
by its ratification and acceptance as declared in the second section of the
aforesaid act of Congress. \
Resolved, That all questions touching the conflicting claims of states to
jurisdiction or sovereignty, ought of right to be adjucated, whenever they
are found to exist, by arbitration or compromise between the states inter-
ested, subject to a subsequent ratification by the Congress of the U.
S. or by an appeal or resort to the highest judicial tribune of this union.
Resolved, That a select committee of three be appointed, whose duty it
shall be to prepare, in behalf of the convention, and forward to the Presi-
dent of the U. S. a communication to accompany the preceding preamble
and resolutions.
Rosolved, -That five delegates bo selected by this Convention whose duty
it shall be to visit Washington, during the approaching session of Con-
gress, with instructions to co-operate with our representatives in congress
for the promotion of the cause, interests and rights of the people of this
State.
Resolved, -That a select committee of five members be appointed to draft
an address to the electors of this State expressive of the views of this
Convention,
Resolved,—That 2,000 copies of the journal of this convention together
20 STATE OF MICHIGAN.
with the accompanying documents be printed in pamphlet form for distri-
bution under tho authority of the president of this Convention.
Mr. McDonell, in behalf of the minority of the convention, gave notice
that he should on a future day ask leave to enter, upon the journal, a pro-
test against the preamble and resolution offered by Mr. Clarke, and
adopted by the convention.
On motion of Mr. Sumner, the convention adjourned until tomorrow
morning at 9 o'clock.
Thursday, Sept. 29, 1836.
Present, the President and a quorum of members.
Prayer by Rev. Mr. Colclaiser.
On motion of Mr. Wilkins, the convention proceeded to consider, separ-
ately, the resolutions offered by Mr Ellis.
On motion of Mr. Wilkins, the first resolution was amended by inserting
the word “unanimously” after the word “resolved;” and, having been
further amended was adopted as follows:
Resolved, unanimously, that this convention do most solemnly protest
against the right of the congress of the U. S. to attach any such
condition as that contained in the act of Congress of June 15th, 1836, as
being contrary to the articles of compact contained in the ordinance of
1787, and the constitution and state government which the people of Mich-
igan have formed for themselves, and submitted to Congress, it being a
republican character, and so conceded by its ratification and acceptance as
declared in the second section of the aforosaid act of Congress.
The second resolution was amended by inserting the word “unani-
mously” after the word “resolved,” on motion of Mr. Wing; by striking
out the word “arbitration” and inserting tho word “negotiation” on
motion of Mr. Wilkins; and by striking out tho words “or compromiso”
on motion of Mr. Drake; and was then adopted as follows:
Resolvod, unanimously, that all questions touching the conflicting
claims of states to jurisdiction or sovereignty, ought of right to bo adjudi-
cated, whenever thoy are found to oxist, by negotiation botwoon the states
interested, subject to a subsequent ratification by tho Congress of the
U. S. or by an appeal or resort to the highest judicial tribunal of this
Ullſ) |OIl.
Tho third resolution having boon amended by Mr. Drako, was adopted
as follows:
Resolved, That a select committee of threo be appointed whose duty it
shall be to prepare in behalf of this convontion, and forward to the Presi-
dent of the U. S., a communication to accompany the preamble and
resolutions passed by this convention.
Messrs. Wing, Richardson and Lane were appointed said committee.
Mr. McDonell offored the following amendment to the fourth resolution,
which was lost—“provided that such delegates shall have no legal claim on
this state to defray the expenses of such visit.” }
Mr. Richmond moved to amend said resolution by substituting the
following:
CONVENTION OF DELEGATES. 21
Resolved, That the legislature of the State of Michigan be requested to
appoint three commissioners or delegates to visit Washington during the
next session of Congress, to co-operate with Our Senators and representa-
tive in promoting the cause, the interests, and the rights of the people of
Michigan.
The question on the said amondment was decided in the negative.
Said resolution having been amended, on motion of Mr. Wing, and
further amended on motion of Mr. Warner, of Oakland, was then adopted
in blank, by yeas and nays as follows:–
Resolved, That — delegates be selected by this convention who are
ſhereby requested to visit Washington, during the approaching session of
Congress, to co-operate with our senators and representative in Congress,
for the promotion of the cause, interests and rights of the people of this
State.
Yoas, -Messrs. Axford, Brownell, Butts, Clark, Conklin, Ellis, Glover,
Gilbert, Jefferies, Lane, Lawrence, Markham, McKinistry, Newton, Noble,
Odell, Peck, Richardson, Satterlee, Smith, Stubbs, S. A. L. Warner,
Welch, Willard, Wing, —25.
Nays, -Messrs. Allen, Beaufait, Bradshaw, Brown, Comstock, Dort,
Drake, Draper, Hutchins, Kercheval, Kimball, Lancaster, McDonell,
Noyes, Rickey, Richmond, Sumner, Van Duser, H. Warner, Weare,
Wilkins, Wood, –22.
On motion of Mr. Wing the blank occuring in the first line of said reso-
lution was filled with the word “three.”
On motion of Mr. Welch, the fifth resolution was adopted without
amendment as follows:
Resolved, That a select committee of five members be appointed to draft
an address to the electors of this State expressive of the views of this
convention.
Messrs. Ellis, Welch, Clark, Markham, and S. A. L. Warner, were
appointed said committee.
The sixth resolution, having been amended on motion of Mr. Richard-
son, was adopted as follows:
Rosolved: That 2,000 copies of the journal and proceedings of this con-
vention, together with the necessary accompanying documents be printed
in pamphlet form, under the authority of the President of this convention,
and distributed equally among the members thereof.
On motion of Mr. Drake.
Resolved: That the President forward to the Sec'y of State thirty
copies of the journal of this convention after the same shall be printed.
Mr. Clark offered a communication from Elisha Hayden and fifteen
others, citizens of Manhattan, in the disputed territory, of a similar tenor
to the one from Toledo, heretofore offered by Mr. Ellis, which, having
been read, Mr. McKinistry moved that the same be rejected.
Mr. McDonell moved to amend by ordering the communication to be
laid on the tablo, which motion prevailed.
Mr. McDonell, pursuant to previous notice, offered the following por-
test, which was ordered to be entered on the journal:
The undersigned, delegates from the counties of Wayne, Lenawee, St.
Clair, St. Joseph, Calhoun, Branch, Hillsdale, Chippewa, Ottawa, Ionia,
Kent, Clinton, Allegan and Barry—having in accordance with the wishes
of their constituents voted against the adoption of the resolution of the
22 STATE OF MICHIGAN.
convention in regard to the assont contemplated by the third section of the
act of congress of June 15, 1836, respectfully dosiro to record on the
journal of the proceedings of the convention their protest against the vote
which has been expressed.
Bocause, with the most cordial respect for those who, on this quostion
differ with us in opinion, —wo honestly entertain the belief—
That the Congress of tho U. S. havo the power, at its discrotion,
to admit or not to admit states into the Union. That although we do most
Solemnly protest against any right of the legislature to prescribe any con-
dition relative to the admission of a state into tho Union, yet, as that
branch of our general government have deemed it proper to attach a condi-
tion to the admission of Michigan into the Union, we believe and consider
it the wisest course for Michigan to accept the terms proposed, and become
one of the sovereign states of the United States of America.
Inasmuch as by such act we become a component part of the general
government, and have a voice in the proceedings of the Congress of the
U. S.—secure and promote tranquillity and order—place our local judicial
proceedings beyond all cavil and doubt.
d And furthermore, we do not conceive any advantage to be gained by
issent,
Without our assent, Ohio has the jurisdiction of the disputed district,
and we do not contemplate that our act of dissent can alter, repeal or mod-
ify an act of congress.
Moreover, we would not, nor do we desire by our votes, to surrender any
right which Michigan had guaranteed to her by the irrepealable ordinance
of 1787; we cannot ontertain the opinion that the enlightened, pure and
talented Supreme judiciary of our common country, to whom we are will-
ing to submit the question, would overlook or disregard the positive terms
of the ordinance of 1787, which secures to the whole northwostern terri-
tory, the respective boundaries of certain republican states therein desig-
nated—neither can we assent to the reasons which the majority assign for
their course of action—we cannot concur in the opinion that the legislature
of the State had no power to provide for the election of delegates to this con-
vention: if such be the case, the resolution of dissent is of no binding obliga-
tion, and cannot claim the consideration of the president or of congress. If
such be the case, the people of this state have by their own acts put it beyond
their power to gain admission into the union at any time within the space
of two years, unless Congress shall recede from the terms prescribed in the
act of June 15th, 1836. We do not recognize the act of congress to alter
the terms of the Ordinance of 1787; but honestly conceive that our assent,
in the way proposed by the act of congress compromits no honor and forfeits
no right.
But that it would place us in the attitude of bringing the question
before the judiciary of the U. S. and remove all disputation in regard
to the acts of our state legislature, and give Michigan the voice to
which she is justly entitled, by hor population and position in the councils
of the country.
We voted against the proposition of dissent, adopted by the majority of
the convention, repelling the thought that those who differ from us in
opinion are actuated by any other motive but the common good and hon-
orable impulse.
We, in differing from them, do not wish to be considered as having any
CONVENTION OF DELEGATES. 23
other view but the happiness, prosperity, peace, and tranquillity of our
common country.
Ann Arbor, Sept. 29, 1836.
John McDonell,
David C. McKinistry,
B. B. Kercheval, *
Titus Dort,
Eli Bradshaw,
H. A. Noyes,
Louis Beaufait,
Ammon Brown,
of Wayne Co.
Ross Wilkins,
John Hutchins,
Jos. Rickey,
Darius Comstock,
of Lenawee Co.
Charles Kimball,
of St. Clair Co.
Columbia Lancaster,
Watson Sumner,
of St. Josephs Co.
S. D. Collamer,
of Calhoun Co.
Harvey Warner,
of Branch Co.
Zachariah Van Duser,
of Hillsdale Co.
Stephen R. Wood,
of Chippewa Co.
William A. Richmond,
of Ottawa, Kent, Ionia, Clinton.
Richard Weare,
of Allegan & Barry.
On motion of Mr. Clark, the convention adjournd until 3 o'clock, P. M.
Three o’clock, P. M.
Present, the President and a quorum of members.
On motion of Mr. Wilkins,
Resolved, That the thanks of this convention are hereby given to the
president for the able and impartial manner in which he has presided over
the deliberations of this body.
On motion of Mr. Lane,
Resolved, That the secretaries be each allowed three dollars per diem for
their services as officers of this convention, and in preparing the journal
for publication; that the sargent-at-arms be allowed three dollars per diem
for his services and that the messenger employed by the sargent-at-arms be
allowed two dollars per diem.
On motion of Mr. Richardson,
Resolved: That the president of the convention, and such other person
24 STATE OF MICHIGAN.
as the president may designate be each allowed three dollars per day, for a
term of time not exceeding one week from the day of adjournment, for
their services in superintending the printing of the journal and proceed-
ings of this convention.
Mr. McKinistry offered the following resolution:
Resolved: that the clergy officiating during the convention to open its
sittings with prayer be each allowed ten dollars.
On motion of Mr. McDonell, said resolution was so amended as to allow
the sum of three dollars.
The resolution as amended was agreed to.
Mr Lawrence moved that the delegates to Washington be selected by
ballot, and that a majority of the whole number of votes given shall be
necessary to a choice.
On motion of Mr. Wing the convention adjourned until half past five
this evening.
Half past five, P. M.
Present, the President and a quorum of members.
On motion of Mr. Richmond, the convention proceeded to the choice of
delegates to visit Washington.
Messrs. Peck and Satterlee were appointed tellers.
The result of the canvass was as follows:—
For Andrew Mack. . . . . . . . . . . . 28 William S. Barry. . . . . . . . . . 1.
Austin E. Wing. . . . . . . . . . 26 E D. Ellis. . . . . . . . . . . . . . . . 1
Robert Clark. . . . . . . . . . . . 25 William H. Hoeg. . . . . . . . . . 1
Thos. J. Drake . . . . . . . . . . 19 Marcus Lane. . . . . . . . . . . . . . 1
Titus B. Willard. . . . . . . . . 19 Samuel Satterlee. . . . . . . . . . 1
Woolcott Lawrence. . . . . . . 19
Whereupon, the chair announced Andrew Mack, Austin E. Wing and
Robert Clark as having been selected by this convention to visit
Washington.
Mr. Wilkins from the committee of expenditures made a report which
was, on motion, accepted.
'Oh motion of Mr. Satterlee, the convention adjourned until tomorrow at
9 o'clock, A. M.
•
Friday, September 30, 1836.
Mr. Drake offered a resolution which he afterwards withdrew and sub-
mitted the following as a substitute.
Resolved, That the State of Michigan is free, sovereign and independ-
ent; and that the constitution thereof is the supreme law of the State; and
that all the laws enacted in conformity thereto are full of force and effect;
and this convention do recommend to the citizens of this state, a ready
submission to the laws of Michigan and the judicial tribunals established
by the State Legislature.
CONVENTION OF DELEGATES. 25
Mr. Dort moved the following as a substitute, which was disagreed to:—
Resolved, That we approve of the acts passed by the Legislature of the
State of Michigan, and that we will use all honorable means to support
and maintain a due respect and regard for their faithful execution.
Mr. Richmond offered an additional substitute which, together with the
original resolution, was, on motion of Mr. Lawrence, referred to a select
committee of three members.
Messrs. Lawrence, Drake and Richmond having been appointed said
committee, reported through their chairman the following resolution.
Resolved, That this convention have entire confidence in the validity of
the constitution of the State of Michigan, and of the laws passed in con-
formity thereto, and recommend to the people of this state a due observ-
ance of and obedience to the same.
The question on the passage of said resolution having been taken, was
decided in the affirmative by yeas and nays as follows:—
Yeas: Messrs, –Allen, Axford, Brownell, Butts, Clark, Collamer, Com-
stock, Conklin, Dort, Drake, Draper, Ellis, Gilbert, Glover, Hutchins,
Jefferies, Kercheval, Kimball, Lane, Lawrence, Markham, McDonell,
Newton, Noble, Odell, Peck, Richardson, Richmond, Satterlee, Smith,
Stubbs, Van Duser, H. Warner, S.A. L. Warner, Weare, Welch, Willard,
Wing, Wood.—39.
Nays, –None.
Mr. Drake moved that a committee be apppointed to report to the con-
vention such such documents as shall be forwarded to the President
of the U. S. ; but afterwards so modified his motion as to require said
committee to report to the President of this convention.
Mr. McDonell moved to insert the words “including the journal of the
house’’ after the word “documents,” when Mr. Drake obtained leave to
withdraw his motion.
Whereupon, Mr. Ellis submitted the following resolution, which was
agreed to:
Resolved, That the preamble and resolutions passed by this convention
touching the admission of this State into the Union, be signed officially by
the President and Secretaries, and forwarded to the President of the
U. S. without delay, accompanied by the memorial to be prepared by
the committee appointed for that purpose.
Mr. Lancaster submitted the following Expose, which was on motion,
ordered to be entered on the journal.
EXPOSE.
The undersigned, representing the counties of Wayne, Lenawee, St.
Joseph, Kent, Hillsdale, St. Clair, Chippwa, Allegan and Branch.
Protesting against the act of the majority in the premises, ask permis-
sion to record upon the journal their Expose of the reasons which actuated
them in voting against a resolution appointing, in behalf of this conven-
tion, three delegates to visit Washington City, to co-operate with our sen-
ators and representative in advancing and pro-moting the rights of Michigan.
We believe such appointment to be unnecessary, productive of useless
expense and beyond the power of this convention, the members to which
were elected solely for a special purpose, and clothed with no power by the
4
26 STATE OF MICHIGAN.
people to vote for them or public officers, or to give any individuals a diplo-
matic character or an official function not contemplated or expected in the
constitution or laws of the country.
John McDonell, of Wayne County.
H. A. Noyes, { { { % { {
Eli Bradshaw, “ & { {
Louis Beaufait, “ { { { {
Ammon Brown,
Titus Dort, { { § { { {
Ross Wilkins, “Lenawee
Darius Comstock, “ { %
W. A. Richmond, “ Kent “
Chas. I. Kimball, “ St. Clair.
Columbia Lancaster, St. Joseph.
W. Sumner, { { { %
Stephen R. Wood, Chipewa.
Zachariah Van Duser, Hillsdale.
Harvey Warner, Branch.
Richard Weare, Allegan.
* { { % { {
On motion of Mr. Ellis the committee of expenditures was authorized to
audit all accounts against this convention which have accrued or which
may accrue after the adjournment of the same.
On motion of Mr. Ellis, the committee appointed to prepare a memorial
to the President of the U. S., and to draft an address to the electors of this
State, were authorized to discharge their respective duties after the adjourn-
ment of the convention.
The business of the convention having been brought to a close, the
President addressed the convention as follows:
Gentlemen of the Convention:—
I should be greatly deficient in courtesy, were I to omit to acknowledge.
the obligations which I owe to this convention for the distinguished honor
they have conferred upon me, and justice also demands of me an expres-
sion of gratitude for the indulgence and kind assistance afforded me in the
performance of my official duties. When I consider that I am associated
with those whose talents and long experience in parlimentary proeedings
far exceed my own, and more eminently qualify them for the duties of the
office assigned me, I feel this debt of gratitude doubled upon me.
The subject on which we have been called to act is one of deep interest
to our rising state; and notwithstanding the line of distinction was early
and strongly marked, and has been adhered to with unwavering firmness,
yet our deliberations have been conducted with that spirit of courtesy
which has heretofore so eminently characterized the political and deliber-
ative assemblies of this community; and, although we have differed in
opinion upon a question of much importance, both to ourselves and to our
constituents, I trust, that should it be our fortune again to meet, either in
public life or in the social circle, a recollection of such difference will not.
prevent a friendly greeting.
In the exercise of my official duty, I am not insensible that inexperience
has betrayed me into departures from parlimentary usage which may have
wounded the feelings of some of the honorable members of this body. To
all such an apology is justly due, and to them I beg leave to say that such
CONVENTION OF DELEGATES. 27
departure was not the result of prejudice, partiality or any unkind feeling.
As we have now finished the duty assigned us, permit me, gentlemen, after
expressing to you my sincere thanks for the honor conferred upon me, and
wishing you a safe return to your respective homes—respectfully to bid
you adieu.
On motion of Mr. Clark, of Monroe, the convention adjourned sine die.
wº-ºº-º-º-mº-º-º-º-º-º-º-º- -º-º-º-º-º-º-º-º-
JOURNAL OF THE CONVENTION ASSEMBLED IN PURSU-
ANCE OF AN ACT OF CONGRESS, AND OF THE
STATE LEGISLATURE.
To Andrew Jackson, President of the United States:—
Sir:-Having recently had the honor of presiding over a convention of
delegates convened in Ann Arbor on the 26th of September, ultimo, elected
by the people of Michigan, to take into consideration the conditions con-
tained in an act of Congress, entitled, “An act to establish the northern
boundary of Ohio, and to provide for the admission of the State of Michi-
an into the Union, upon the conditions therein expressed,” I take the
iberty of availing myself of the earliest opportunity of appraising your
excellency, that the assent required to be given to the conditions contained
in said act, by a convention of delegates elected by the people of the State
of Michigan, was not given by said convention, but that said conditions
were rejected by a vote of 28 against 21.
The official actions of the convention will be forwarded as soon as a
memorial, which was ordered by said convention to accompany the same,
can be prepared by a committee appointed for that purpose. And in the
meantime, I shall take the liberty to lay the same before the people of
Michigan, through the medium of the public press, not doubting that this
course will meet with your sanction.
With sentiments of great respect, I have the honor to be your ob’t
servant,
WILLIAM DRAPER,
President of the State convention.
ADDRESS. *
To his Eaccellency, Andrew Jackson, President of the United States:
Sir:-The convention of Michigan which assembled pursuant to an act
of the Legislature of the State of the 25th day of July last, have, as will be
perceived by a resolution embodied in its proceedings, instructed the
undersigned to communicate the result of its deliberations, with such addi-
tional views as to them might seem expedient to the President of the
United States.
In accordance therewith, we have the honor to transmit the enclosed
preamble and resolutions, adopted by the convention, declining an assent
28 STATE OF MICHIGAN.
to the proposition contained in the proviso of the act of Congress of the
15th of June, 1836.
In the performance of this duty, tho committee entertain a high degree
of satisfaction in being able to assure you, that although the decision is
Ono of dissent, it has not been induced by a spirit of disorganization, or a
feeling of contumacy, on the part of our citizens towards Congress, or the
public functionaries of the government, or from an unwillingness to accode,
in a fair spirit of compromise, to such terms of recognition as may be con-
stitutionally imposed upon them. On the contrary, a firm and deep rooted
attachment to the republican institutions of our country, accompanied by
an anxious desire to participate as a member of tho union, in all the privi-
leges guaranteed in our constitution, has been, and still is, manifest in
every expression of public sentiment. Nor is it less obvious to all who are
acquainted with the sentiment and tone of feeling which prevades the great
majority of our citizens, that they would readily make great sacrifices of
local interests, for the purpose of relieving the general government from
embarrassments thrown in the way of our admission, by the unreasonable,
and, as we believe, unconstitutional demands of a powerful state.
Yet, with every disposition to yield much, our citizens cannot divost
themselves of the conviction that congress, in its anxiety to quiet the
turbulence and abate the threatenings of a powerful state, has too far lost
sight of the rightful claims of our infant state, and wrested from the latter
a portion of territory which is indisponsable to the successful enjoyment of
her natural privileges, and proffered it to the former, whose prosperity in
no ossential degree depends upon the accession. Nor are any of our citi-
zens yet convinced, notwithstanding the assumptions to that offect, at the
last session, that congress derives any authority or power from the ordi-
nance of 1787, or the constitution of the United States, to dispose of the
territory in contest between Ohio and Michigan, upon the mere grounds of
expediency. If such a power under any plausible pretext whatever, could
have been claimed for congress antecedently, it is believed the reasons
wholly failed when Michigan, with her 60,000 inhabitants under the ordi-
nance of ’87, had organized her government and presented horself by her
senators and representative, with a constitution acknowledged by congress
to be republican, for admission into the Union. It is deemed unnecessary
for the purpose of this communication to travel back through the ordi-
nance of ’87, and review the grounds upon which Michigan predicted her
claims to the boundaries which she assumed between Ohio and herself, for
they have often been spread before the world, and it is considered a suffi-
cient ground of objection to the conditions upon which alone Michigan was
to be admitted into the Union, that in the very act by which she was
organized as a state with a republican constitution, she was not only denied
the right of being considered a party to a question which involved essen-
tially her rights, but was arbitrarily acquired, as the conditions upon which
she could be permitted to enjoy them, to give her assent to a proposition
which a large majority of her citizens consider both humiliating and
unjust. The views entertained by Michigan in regard to that portion of
her boundary wére well understood, and it must have been equally well
understood that an arbitrary decision, depriving hor of that which, under
the most embarrassing circumstancos, she had stronuously insisted upon as
a right derived from the ordinance of ’87, would be acquiesced in, only
under the most imperious necessity. All arguments upon the ground of
expediency merely, have, as yet, failed to produce conviction, in the mind
CONVENTION OF DELEGATES. 29
of most of our citizens, and all are at a loss to perceive if Congress pos-
sessed the power claimed at its last session to dispose of that question, at
pleasure, untrammelled by the ordinance of ’87, why the proviso was
attached to the law, much less why the assent of Michigan was deemed of
the slightest importance. If the proviso was added from an apprehension
that without the assent of Michigan the law would fail of its object, no
further reasons, surely, need be urged by the citizens of Michigan, in favor
of thoir dissent. But, independent of what they conceive to be their
rights under the ordinance and the constitution, in relation to that portion
of their boundary, and inconvenience, may serious evils result to Michi-
gan, doubtless unforseen both by Congress and even Ohio. An accurate
survey recently made by competent engineers, discloses the new and start-
ling fact that a line from the most northerly cape of Maumee Bay, north-
east to the line between the United States and Canada, will not only give
to Ohio jurisdiction over the entire western extremity of Lake Erie even
to the mouth of the Detroit River, but will deprive Michigan of jurisdic-
tion over her own acknowledged harbors, even to the depth of four fath-
oms of water; and whether Michigan regards the question as it relates to
this particular part of her boundary in the light of constitutional right, or
expediency, she cannot consistently yield the assent required. Had the
question been presented to the people of Michigan distinctly whether they
would consent to such alterations as are proposed in the boundary between
Indiana and Michigan, or in the northern boundary of the state, a differ-
ent result might have been obtained, had the convention felt authorized by
the constitution of tho state to have entertained the questions. Not that
any doubt is believed to exist in relation to the Indiana boundary of the
rights of Michigan under the ordinance of ’87, to extend her limits to our
east and west line running through the southern extreme of Lake Michi-
gan, but because doubts aro entertained whether congress, if so disposed,
has of itself power to obviate the embarrassment which was produced by the
congress of 1816, and because that portion of territory, though wrongfully
taken from her during her minority, is vastly less vital to the interests of
the state; nor is it believed to be material to the interests of the state,
whether original limits at the northwest be retained, or whether the alter-
ation proposed by the act of congress of the 15th of June last be made; yet
the addition could not be considered as an equivalent for the expenses of
even ono Tolodo campaign, much less could it be received as an equivalent
for an infraction of our constitutional rights, or for a district of country on
the Maumee River, and a maritime jurisdiction on Lake Erie, essential
Sto be retained, both for the interest and honor of tho state. But in rofer-
once to the latter points, or to a partial consent to the proposition con-
tained in the proviso to the act of congress of the 15th of June, to which a
portion of our citizens were inclined to yield. Another prominent diffi-
culty, insurmountable in the opinion of a majority of the convention, was
found to exist in the constitution of the state, (regarding the boundary of
tho state as inseparable from the constitution) to wit: a prohibition to
alter or amend any part of the organic law of the state, except by the mode
pointed out by the convention itself. It was believed that a convention
thus directed by act of congress, through the intervention of the legisla-
ture of the state, could assume the power to alter the boundaries or any
other feature of the constitution, only in accordance with a species of rad-
icalism, unknown to the spirit and genius of our government.
These we believe to be substantially the views entertained by the great
30 STATE OF MICHIGAN.
body of the population of Michigan; still, a respectable minority both of
our citizens and members of the convention have been disposed to yield
the assent required by act of congress; not, however, because they
acquiesce in the justice or constitutionality of the demand but because
they have become exhausted in fruitless efforts to obtain what they con-
ceive to be their just rights, and are disposed to yield to arbitrary power
rather than contend against the fearful odds which a great varioty of cir-
cumstances, inauspicious to Michigan, have contributed to produce. The
history of the convention, however, furnishes conclusive evidence, that a
great majority of the state feel otherwise, and regard oven a further post-
ponomont of their recognition as far loss disastrous to their interests and
honor than would be a speedy recognition upon principles unknown to the
constitution of the United States, subversive of the constitution of Michi-
gan, and humiliating and unjust to themselves.
In submitting the foregoing, however, the committee will have but
imperfectly discharged their duty, without assuring the President that
there exists on the part of the people of the state, every disposition to
acquiesce (in a constitutional manner) in any suggestion calculated to dis-
embarrass the subject, embracing within its scope an entire rocognition
of Michigan as a party materially interested. It will be recollocted that
negotiation and even compromise was offered by the Executive of Michi-
gan, when a territory, to the Executive of Ohio, and there is no reason
to doubt still that the question of boundary between Ohio and Michigan,
placed upon a fair footing, either of negotiation or adjustment by the
proper judicial tribunals of the country, and all othor difficulties connected
with the question, would, so far as Michigan is concerned, cease to be
embarrassing.
We have the honor to be, vory respectfully,
Your obedient Sorvants,
A. E. WING,
Chairman of Committee.
ADDRESS.
Of the State Convention to the Peoplo of Michigan.
The undorsigned, in pursuanco of a resolution adoptod by the conven-
tion of delegates, recently assembled at Ann Arbor, for the purpose of
taking into consideration the proposition of the congress of the United
States, as contained in the act of June 15th, 1836, relative to the admission
of this Stato into the Union, take the liborty of addressing, in bohalf of
said convention, their fellow-citizens upon this important subject. It
will be their province to do so, in a spirit of frankness and candor, which,
while it may fail to convince those who, upon this subject, differ with them
in opinion, it is to be hopod will claim the consideration of all those who
have sought, as their homes, the highly favored region embraced within
the limits prescribed by the constitution of this State. It is believed the
CONVENTION OF DELEGATES. 31
people of Michigan, upon the great question of their territorial rights,
have but one common interest, and it is a question equally involving the
rights and interests of generations yet unborn. No motives, then, of tem-
porary expediency, of particular, sectional or personal interests, it is con-
ceived, should so far predominate over the minds of our citizens as to
prompt them to shrink from the responsibility of contending for all that is
right, and submitting to nothing which is manifestly wrong. The charac-
ter, credit and standing of our new state, must ever depend upon the firm-
ness, integrity and stability of its people; and any want of good faith, on
their part, to each and every citizen of this commonweakth; by failing to
maintain the rights of the state to sovereignty and to soil, by all constitu-
tional means, would tend to destroy confidence in the permanency and
integrity of our institutions, and would place us at once upon a footing
infinitely beneath our sister states of this confederacy.
The convention of Michigan had but one plain, simple path pointed out
for them to pursue, assembled under an act of congress, imposing upon
the people of this state the performance of a condition, as a price of
admission into the Union, a total variance with the provisions of the com-
pact under which our constitution and stato government had been formed,
as the sovereign act of its own people, and an act of our state legislature,
which sought at our hands the performance of the task of an indirect but
virtual surrender of an integral part of our sovereignty, in open violation
of our own fundamental law, and the popular voice of a great majority of
the electors, expressed at the ballot box, forbidding that your infant fabrio
should be battered down, in the onset, at the shrine of expediency—they
of necessity and of choice—as the friends of good order, of constitutional
right, and as the representatives of the will of their constituents, with no
authority to alter, amend or change the constitution which the people have
formed as the basis of their government and their laws; were constrained
to withhold the assent required, or sought, to be obtained, by the legisla-
tion of congress and of the legislature, under which they had been con-
vened. In so doing they leave their acts, and the record of their names,
to be judged by the present as well as future generations—they have
endeavored to carry out, unawed by fear and uninfluenced by favor, the will
of the people; and if their measures shall tend in any degree to preserve
our constitution from tho attacks of arbitrary power from abroad, and the
encroachments of inward foes, their highest ambition will have been grati-
fied; and they will yet hope to witness the star-spangled banner of Michi-
gan waving in undisturbed triumph over its entire borders.
We respectfully claim your attention, fellow-citizens, to a brief review of
the history of our claims to the right of self-government, upon a contin-
gency already arrived and acknowledged by congress, to our southern and
south-eastern boundaries, and to an examination of the power of congress
to alter them, in consistence with the constitution of the United States;
and also as to the power of your convention to give their assent to a propo-
sition involving a material alteration of our state constitution.
When the territory north-west of the river Ohio was ceded to the United
States by the state of Virginia, the then proprietor, the justly celebrated
ordinance of 1787 was enacted for its temporary government and provid-
ing at the same time for its future organization into distinct Republican
States which are forever to form a part of this confederacy—from this
document we may be here permitted to extract the following:—
“And for extonding the fundamental principles of civil and religious
32 STATE OF MICHIGAN.
liberty; which form the basis whereon these republics, their laws and con-
stitutions are erected; to fix and establish those principles as the basis of
all laws, constitutions and governments, which forever hereafter shall be
formed in said territory; to provide also for the establishment of states and
permanent governments therein, and for their admisison to a share in the
federal councils, on an equal footing with the original states, at as early a
period as may be consistent with the general interests: It is hereby
ordained, that the following articles shall be considered articles of compact
between the original states and the people and states in said territory, and
forever remain unalterable unless by common consent.”
The 5th article of the ordinance aforesaid, declares that “there shall be
formed in the said territory not less than three nor more than five states”
—and after defining the boundaries of three states on the north by the
Canada line, adds, “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 foot-
ing with the original states, in all respects whatever; and shall be at liberty
to form a permanent constitution and state government, provided the con-
stitution and state government so to be formed, shall be republican, and
in conformity to the principles contained in these articles.”
So much, fellow-citizens, was left to the discretion of congress—they
might form the whole territory into three states; but if they found it
expedient to form more than three, then the northern boundary of the
three southern states was unalterably fixed and could not be changed or
modified unless by common consent of all parties interested—congress
have erected three states within the said territory, and have extended none
of them to the Canada line—so that not only congress, but the states so
formed, have tacitly consented that the provisions of the Ordinance should
be fully carried out, and that there should be formed one or two additional
states on the north; and although two of the southern states (Indiana and
Illinois) in coming into the union, were suffered to encroach beyond the
line designated by the ordinance, and may, perhaps, never he molested,
still their rights of sovereignty, in this particular, without the consent of
the people north of said line, may be deemed as resting upon a very slen-
der foundation—and we do most omphatically deny the power of congress
under the constitution to alter or modify the said line without our consent,
much less to make it a term of our admission into the Union, after having
pronounced our constitution to be republican, and consistent with the ordi-
nance and constitution of the United States. But to prove more fully that
Congress have long since declared, that a fourth state should be formed in
the north-west territory we will here quote from the act of January 11th,
1805, as follows:
“That from and after the thirteenth 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 intersects Lake Erie, and 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 bound-
CONVENTION OF DELEGATES. 38
ary of the United States, shall for the purposes of temporary government,
constitute a separate territory and be called Michigan; and the inhabitants
thereof shall be entitled to, and enjoy all and singular, the rights, privi-
leges and advantages granted and secured to the people of the territory of
the United States northwest of the river Ohio by the ordinance” (of
1787).
It will be borne in mind that Ohio came into the union with her present
boundary line, three years prior to the passage of the preceding act; and
that the southern and southeastern boundary which we now claim is pre-
cisely the same with that permanently fixed by the aforesaid act of 1805–
And in this act congress did not reserve any power to annex the whole or
any part of Michigan to Ohio; on the contrary, the faith of the nation was
pledged to our citizens, the then inhabitants of the territory and those who
might afterwards settle therein, that as soon as their number amounted to
sixty thousand they should be received into the union as one of the states,
with no other conditions imposed upon them than those prescribed in the
compact of 1787, and which they have ever been ready and anxious to
comply with.
But as if to make surety more sure, congress by the whole course of
their legislature for more than twenty-five years, with the exception of the
act providing for the admission of Indiana into the Union, whenever they
have referred to Michigan, either directly or impliedly, have but confirmed
us in the possession of our original boundaries; numerous instances in
proof of this position might be adduced, which would swell this address
to an unreasonable length—we will confine ourselves to a single quotation |
The act of Congress of April 18th, 1818, providing for the admission of
Illinois into the Union, declares—“That all of that part of the territory of
the United States, lying north of the state of Indiana, and which was
included in the former Indiana territory, together with that part of the
Illinois territory which is situated north of, and not included within the
boundaries prescribed by this act, to the state thereby authorized to be
formed, shall be, and hereby is, attached to, and made a part of the Michi-
gan territory, from and after the formation of the said state subject, never-
theless, to be hereafler disposed of by congress, according to the right
reserved in the fifth article of the ordinance aforesaid, and the inhabitants
therein shall be entitled to the same privileges and immunities, and sub-
ject to the same rules and regulations in all respects, with the other citi-
zens of the Michigan territory.”
Here again we have an express recognition of our western boundary, as
fixed by our own constitution in precise accordance with the act of 1805,
and nothing in the act of 1818 even remotely refers to any change in our
southern boundary , and the question here very properly arises, did not
congress in the clause which we have quoted virtually become a party to
the eventual formation of the fifth state, in that part of the northwest ter-
ritory lying west of Lake Michigan, subject only to the single reservation
that said territory might be attached to one or more of the three southern
states—a right which congress has never yet exercised, and probably never
will, as it would be depriving the inhabitants there of one of the principal
rights plainly indicated by the ordinance, that of self-government under a
constitution of their own creation.
With regard, fellow-citizens, to the district of country proposed to be
annexed to Michigan, lying west of Lake Michigan, and forming from its
geographiºl position a part of the fifth state, instead of the fourth, we will
34 STATE OF MICHIGAN.
indulge a single remark. No assent which your convention could give
would legally constitute it a part of your sovereignty—if congress had not
in fact long since extended their power in the division of the northern
states, and have power to deprive the people of any portion of the state (in
embryo) of Wisconsin of the right of living under a fundamental law of
their own creation, which we are not prepared to admit, the jurisdiction of
Michigan must rest (if at all) upon the extension of its laws all over the
district of country so annexed to our state. We doubt the power of con-
gress or of the poople of Michigan to force the constitution of this state
upon any portion of the people of the N. W. Territory, residing beyond
its boundaries, and who have nover participated in its formation. Such a
supposition is at variance sº the clear intent and meaning of the ordi-
nance of 1787, which distinctly provides for the formation of not less than
three or more than five states in the N. W. Territory, and secures to the
people of the states so to be formed the right of forming for themselves
permanent constitutions of government, with this single reservation that
they shall be of a republican character.
We will here, fellow-citizens, briefly allude to the stops taken by your-
selves, in accordance with the compact and law of 1805, in the formation
of the fabric which now forms the basis of your government, and in the
inviolate maintenance of which much of your future happiness and pros-
perity must depend. After repeated unsuccessful applications to the con-
gress of the United States, for the passage of a special act authorizing the
call of a convention; after your population had increased to double the
number possessed by either of the three southern states on entering the
union; and aftor the representatives of certain of those states had, with a
spirit of illiberality which can never be forgotten, successfully resisted
your application, your local legislature, whose acts and doings during
our existence as a territory, were subject to supervision and repeal by Con-
gress, after first providing for the taking of a census of our inhabitants,
(see Act of 6th Sept., 1834) proceeded to the call of a convention of déle-
gates with a view to the formation of a permanent constitution of govern-
ment, (see act of Jan. 26, 1835.) Congress, by failing to exercise the
power of repealing these very acts, in force or actually passed during three
distinct sessions of that hody, and over which they had for a time undis-
puted control, became themselves an acquiescing party through all the
various preliminaries incident to the formation of our government; hence
they have now no power to alter or abridge tho rights of the people under
it. And after acknowledging our constitution, which was suffered to sleep
like a stray bantling, for many months upon their table, to be republican
in its charactor, are we not as well by our own acts of sovereignty as by the
full and only action which it is possible for congress to take into the prem-
ises, a state of the union, presenting the anomaly of an independent sovo-
reignty, deprived, by the arbitrary exercise of powers nowhere delegated,
of a representation in the national councils?
It is believed no citizen of the United States who has minutely and
impartially examined the ordinance of 1787, and the subsequent action of
Congress, can arrive at any other result than that Michigan has an indis-
putable right to hor representative share in the halls of congress, without
mutilation or dismemberment; and we appeal to you, fellow-citizens, and
confidently ask you, was it not with this expectation that you left your
native homes and voluntarily endured the privations and hardships inci-
dent to the forming new settlements in this state? Was it not with this
CONVENTION OF DELEGATES. 35
hope that you cheerfully paid your hard earned money into the treasury of
the United States for a home for yourself and your children, and by your
untiring industry converted much of it from a howling wilderness into
bountiful fields? Your own experience or the history of congress did not
warrant you to doubt or suspect their faith—nor could you believe that in
your case they would at once depart from all their former rules of action,
and adopt one founded on favoritism, expediency and injustice.
And shall our long and fondly cherished hopes be disappointed? Must
Michigan participate in the national councils (if at all) mutilated, humbled
and degraded? Must she sell a portion of her brethren, “like Joseph into
Egypt,” as the price of admission? No! not if we are true to ourselves.
—Congress cannot deprive us of representation, nor can they bestow
upon Ohio any part of our domain without our consent, consistent with
the constitution and ordinance of 1787–hence it is that our assent has
been asked to the proposed modifications of our state constitution.
It was very justly remarked by Mr. Hamer of Ohio, in the House of
Representatives in June last, that “No one has been so wild yet, as to con-
tend that congress can alter the lines of one of the states of this union.
The territorial jurisdiction of each state is as far removed from the con-
trol of congress, as the regulation of her state revenue, or the modification
of her poor laws. If congress could at pleasure dismember a state; could
cut off a few counties from one and add them to another, then our liber-
ties would indeed he held by a frail tenure.” Michigan, then, having
formed her government, as the sovereign act of his own people, with the
express sanction of congress, and having presented itself in the attitude of
a state for admission into the Union: we are bound to suppose that Con-
gress by the act of June 15th, 1836, which accepts unconditionally our
constitution, intend the change of boundaries therein proposed, rather as
a proposition to us than as an absolute transfer of a portion of our terri-
tory, one of the best harbors on the lake, and our jurisdiction over the
waters of Lake Erie, to a neighboring state, but, fellow-citizens, in either
event, congress by requiring our assent, have virtually recognized us as a
party in the case. And even if all they proposed to bestow upon Ohio
were of small moment or of trifling consequence—and if your convention,
fellow-citizens, had been clothed with ample powers so to alter your con-
stitution as to render it conformable to the boundaries proposed—yet as
your immediate representatives they could not give the assent required
when proposed to us as terms of our admission in the union ; we could not
assent while this menace was suspended over us. But we had not that
powor—we could not assent without a violation of our constitution, and
joining with congress in at least an attack upon that of the United States.
With regard, fellow-citizens, to the separate act for the establishment of
the northorn boundary of Ohio, it requires but a passing notice; it is in
itself void and unconstitutional— it is at variance with the ordinance of
1787; it conflicts with the constitution of this state previously formed and
accepted by congress; and is at direct variance with various prominent
clauses in the constitution of the United States, in one of which it is
declared—“nothing in this constitution shall be construed as to prejudice
any claims of the United States or of any particular state”—hence if
Michigan ever had a just claim to the disputed territory, she has it still,
and no law of congress can effoct that claim one single iota.
It has been urged by the advocates of the claims of Ohio, that the ordi-
mance of 1787 was superceded by the adoption of the constitution of the
36 STATE OF MICHIGAN.
United States, and in support of this allegation confidently quote the last
i. of the third section of the fourth article of the constitution as
OILOWS :—
“Congress shall have the power to dispose of, and make all needful rules
and regulations respecting the territory or other property belonging to the
United States.” Reference is here unquestionably had alone to the power
of Congress over the public lands; but admitting for argument sake that
it is intended to apply to the territories of the United States, still we insist
that all grants of power are to be strictly construed. The power of con-
gress is limited even over the District of Columbia by the terms. of ces-
sion from Virginia and Maryland. In every spot of territory which con-
gress have acquired throughout the United States, for fortifications or other
purposes, the grants are limited, and the power of congress over them
specifically defined, beyond which they cannot go. So also in the pur-
chase of Louisiana and Florida, the power of congress was limited by the
treaties with France and Spain, and whenever they go beyond those limits
they palpably violate a supreme law of the land. And is the territory N.
W. of the River Ohio, a solitary exception to this well established rule?
No! Whenever congress rudely violates the compact of 1787, they forfeit
their own jurisdiction, and the territory either reverts to the original
grantors, or becomes the inheritance of its own inhabitants. But the
prudent sages who formed our constitution, with that vigilance and care
which marked all their proceedings, have cautiously guarded this avenue
to the unwarrantable extension of tho power of congress. The first clause
of the sixth article is as follows:--
“All debts contracted and engagements entered into before the adoption
of this constituion shall be as valid against the United States under this
constitution as under the confederation.” Congress then fill precisely the
same place under the constitution which they did under the confederacy,
their powers on this subject are neither diminished nor enlarged, and in
neither case had they any power at all except what they derived from the
articles of compact.
If the power of congress over Michigan was supreme and without limit-
ation, then indeed our slavery and degradation would be as complete as
that of the serfs of the autocrat of all the Russias, and if his Majesty the
King of Great Britain would out-bid Ohio, there would be nothing to pre-
vent a transfer of a part or the whole of Michigan to him and we hence-
forth become a component part of Upper Canada. It might well be the
sovereign will of congress, and they might think it expedient.
Our principal, and we may say only, controversy, follow-citizens, is con-
fined to the neighboring state of Ohio; and in the allusions which we shall
here make, we desire to be distinctly understood as referring rather to cer-
tain of her public agents than to a mass of her citizens, a great majority of
whom, it is believed, with us dosire to Bee the matter in dispute settled
upon terms mutually honorable and just to all the parties concerned.
The State of Ohio exhibits to the world a lively specimen of the actings
of our nature, when uncontrolled by reason, justice and morality. Her
avarice keeps pace with her growth, in population and resources. Not
content with a large and fruitful territory, and with a great proportion of
the southern coast of Lake Erio—and with the bountiful appropriations
made by congress for the improvement of the harbors upon her coast as
well as for internal improvements—she also, has laid her insatiable grasp
upon a portion of our comparatively small territory, and right or wrong
CONVENTION OF DELEGATES. 37
seems determined to cling to it. Not content with her own princely
domains, she like the lordly Ahab of old, also covets the vineyard of poor
Naboth—and we regret to say that Jezebels are not wanting who would
willingly re-enact the tragical Scenes of that Sanguinary drama.
The history of the pretended claim of Ohio presents a curious specimen
of the art of selfish management—dependant alone as it is, in point of fact,
upon the story of an Indian trapper, and the glimmering traces of a map
of by-gone days! In 1802, her convention distinctly recognizes her true
northern boundary as established by the Ordinance and the act of congress
providing for her admission into the uinon, but in the form of a proviso
see fit to add—“with the assent of congress,” she will extend her bounda-
ries to the north cape of the Maumee Bay, and thence northeast to the ter-
ritorial line, so as to include the whole of the waters of Lake Erie into the
bargain. Fearful that her craftiness would not be overlooked, she wisely
smuggled her members into their seats unobserved. What modesty | Con-
gress, however, did not give their assent, but on the contrary for the space of
more than thirty years even up to the month of March last past, refused it.
In the meantime, Ohio increased in population, resources and political
importance, and as she has been the darling favorite of Congress, and had
grown under their fostering care to gigantic strength and Collossean mag-
nitude, and this being the only favor of importance which congress had
not granted her when asked, she at first only murmured and complained,
but when she found she could not gain her purpose by whining, she had
recourse to blustering and bravado, talking of her million of freemen, and
proceeded at once to nullify the act of congress of 1805, by erecting coun-
ties and townships within our territory, appointing officers and Organizing
courts of justice, etc. And in order to support this system of nullifica-
tion, her Chief Maigstrate ordered out a part of his “million” and boldly
advanced within five or six miles of the true boundary line between Ohio
and Michigan, and there made a glorious display of Military prowess at a
safe distance from the line claimed by the refractory inhabitants of Michi-
gan. The Legisalture of Ohio, and her delegation in Congress also per-
formed their part of the drama in high-toned threats and angry menaces.
This course seems to have had its effect—Ohio must be conciliated. Con-
gress gave their long with-held assent at a time and in a manner which
will forever form a most curious and unique epoch in the history of the
American legislation; and as if to secure the smiles of Ohio, they have
undertaken to force an assent from the people of Michigan, by making it a
“sine qua non” of our admission to a representative share in the Federal
Councils—presenting, on the part of that body, the moral and polifical
absurdity of admitting a new state into the union with definite boundaries,
and at the same time, by a species of legerdemain, attempting to force
Michigan to surrender a portion of its sovereignty and its people into the
hands of a neighboring rival—in fact, endeavoring to admit a state,
received with a definite boundary more than thirty years before, a little
further into the Union, at the expense of the people of another state whose
constitution and government is recognized, in the clearest and strongest
terms, in the self-same act?
Ohio, in hor eagerness to secure to herself even a squatter's title to the
territory in dispute, has labored and protected from justice for many
months, the intended assassin of one of our legal executive officers when
in the performance of his duty, and refused to surrender him to our
authority, when legally demanded by our Executive, in pursuance of the
38 STATE OF MICHIGAN.
constitution of the United States, and by the especial direction of the
President, as a fugitive from justice, to say nothing of an appropriation of
three hundred dollars from the state treasury as a reward for the fidelity
of this self-same outlaw. In her eager aspiring after power, she has been
totally reckless of the supreme laws of our common country and the laws
of humanity and honor. And however this controversy may terminate,
this stain upon her escutcheon will continue visible to the world and
posterity.
And, fellow-citizens, it is under a law of her own state, which the Attor-
ney General of the United States has declared to be unconstitutional, that
Ohio usurps a kind of jurisdiction over that portion of our ctiizens who are
recreant enough to acknowledge it, at this moment—aware that the recent
action of congress has by no means strengthened her pretended claims, she
refuses to extend any new jurisdiction under it, and has still the audacity
to talk of the long exploded question of Right. Her attempts to the col-
lection of taxes from the pockets of our citizens will be tested before the
proper tribunals of the country, and we shall hope sooner or later to ascer-
tain in whom the real Right exists.
In the meantime, it is to be hoped measures will soon be taken to claim
the protection to which we are so justly entitled under the following
clause of the constitution of the United States:
“The United States shall protect every state in the Union against inva-
sion; and on application to the legislature, or of the Executive (when the
legislature cannot bo convened) against domestic violence.”
Notwithstanding, fellow-citizens, you have been unjustly deprived of
many of the advantages resulting from a timely admission; notwithstand-
ing that you have been deprived as yet of the five per cent of the sales of
many millions of acres of the public lands within your limits; notwith-
standing the attempts of your neighboring states to make inroads upon
your borders, and notwithstanding that in this system of encroachment
and oppression, Congress have been induced, probably, by misrepresenta-
tion, to throw obstacles in our way, and still refuses us a voice in the coun-
cils of the nation unless upon terms humiliating in their nature, and
highly injurious in their consequences—yet we know you love the union,
that you are attached ot the Federal Constitution, that you will cling to it
with the most determined perseverance, and that nothing short of a con-
tinued system of injustice and oppression on the part of Congress could
possibly woen you from this attachment, —You would even make great sac-
rifices for the general good, and for the peace and tranquility of the coun-
try; and with this knowledge of your sentiments, while we cannot sanction,
in your behalf, the exercise of powers by Congress not delegated, but
expressly forbidden, we invite the mutual co-operation of the people of the
state interested for the settlement, upon terms of reciprocity, of all ques-
tions affecting their respective sovereignties; a subject over which con-
gress has no further control than to concur, as in the case of New York
and New Jersey, in any compact with the states interested may deem fit
and proper, by the appointment of commissioners, and the action of their
respective legislatures, to enter into. Whenever your brethren of Ohio
may see fit to entrust the political management of their interests to men
who cherish at heart the best interests of their state and of the union, and
not the particular interest of a knot of selfish speculators, and would take
the first step towards the final adjustment of our difficulties, we are confi-
dent that you will endeavor to forget the insults and injuries which you
CONVENTION OF DELEGATES. 39
have received, and meet them upon terms of even-handed justice and
liberality. \
We believe the constitution of Michigan has survived the first blow of a
misnamed expediency, and it is our most ardent desire that the people will
ever rally around their own compact, and preserve it from the severing
strokes of outward foes or domestic enemies, and if it should at any time
hereafter require alteration or amendment that it may be performed as the
free, unbiased and sovereign act of its own people, in precise accordance
with its own provisions; and that it may not be effected by any attempt or
coercion or summary interference on the part of Congress, who have no
right to interfere with the internal concerns of the individual states of this
confederacy. º
If we suffer our fundamental law to be battered down by the arbitrary
action of congress, and our limits to be enlarged or diminished at their will,
we lose at once our sovereignty; our constitution is destroyed; our legisla-
tion has not the shadow or foundation to rest upon; our official agents
become destitute of authority; and we, fellow-citizens, become at once the
victims of a government of expediency or fall from necessity back into a
state of nature, compelled as the least of evils, to form for ourselves a new
government, under which ourselves and our posterity would alone be
secured. Let us award so dangerous a crisis, and cheerfully yield a vigi-
lant support to our constitution as it was formed, leaving it for congress to ,
relieve themselves from any difficulties with which they may have become
entangled, during, as we hope, a temporary age of expediency.
The Congress of the United States, having, by a decided majority of
both houses, sanctioned by the signature of our illustrious Chief Magis-
trate, guaranteed to this people that their constitution of government
is of a republican character; and as the convention of Michigan have
denied the right of Congress to enact a condition contained in the second
section of the act of admission, they, in behalf of our fellow-citizens, call,
with every sentiment of difference and respect upon the senators and rep-
resentative elected under our constitution to make a formal demand of
their right to seat, on the first day of the ensuing session of congress as
the representatives of the sovereign people of this state.
In the choice of those delegates by your convention who have been
requested to visit Washington, it is but proper to say that they are clothed
with no official powers; nor is it at all imporative upon the state to pay
them for their services; they go as, and in behalf of, the friends of Michi-
gan to co-operate with our legally constituted agents in defense of “the
cause, the interests, and the Rights of the State.”
It is with regret that we must say to you, fellow-citizens, that in the
rojection of the terms annexed to your admission into the union, proposed
to us by congress, your convention was not unanimous, notwithstanding
that we unanimously protested against the right of congress to impose for
your performance any condition incompatible with the provision of the
ordinance of 1787; yet as a respectable minority were opposed to its
rejection, choosing rather to violate their own constitution and unite with
congress in violating the ordinance of 1787, than manfully to contend for
the rights of their own state, and for their just claims, and fearlessly
abide the results. With the motives of these men, we have nothing to do;
it is but charitable to hope, however, that they were actuated rather by the
will of their immediate constituents than by a strict regard to their own
notion of right and wrong.
40 w STATE OF MICHIG AN.
When we reflect, fellow-citizens, upon the fearful array with which you
had to contend in the recent struggle for the choice of your delegates to the
late convention—the official influence exercised, the power of the press
enlisted—in short every argument urged which could affect your avarice,
your ambition, your fears, or your hopes, to influence you to plainly assent
to the surrender of a portion of your soil—we think we have reason to most
cordially congratulate you ; and well, fellow-citizens, may we be proud of
the name of Michigan l and safely may we say that the struggle which has
just closed, perhaps but for a moment, has been one of the most glorious
triumphs of principle over the intrigues and management of selfish
individuals that has ever been achieved since the adoption of the Federal
Constitution. i.
Finally, fellow-citizens, we solemnly call upon you to stand upon prin-
ciple; abandon this, and what have you left? We have addressed you,
not as the heralds of a party, but as citizens of one and the same commun-
ity as yourself, seeking nothing at your hands. Our only desire is that
you will unite, like a band of brothers, upon the great question of your
territorial rights, forgetting minor differences, and compromising opinions;
and as far as the united efforts of more than 200,000 freemen can do, extri-
cate your new state from the difficulites and injuries of the past and for-
ever preserve inviolate, its integrity, its charcter, and its sovereignty.
Monroe, Oct. 15th, 1836.
EDW. D. ELLIS,
ROBERT CLARK, of Monroe.
WM. H. WELCH, of Kalamazoo.
SETH MARKHAM, of Washtenaw.
S. A. L. WARNER, of Oakland.
JOURNAL OF THE STATE CONVENTION.
The Convention was temporarily organised by the choice of John R.
Williams from Wayne, President. -
Rintzing Pritchette from Wayne, Jonathan E. Field from Washtenaw,
Secretaries..
John Huston, Sergeant At-Arms.
Samuel G. Percy, Messenger.
Castle Southerland, Door Keeper.
On motion of Mr. Goodwin, from Wayne, \.
Resolved, That a committee to consist of seven be appointed by the
chair, to examine the credentials and report the names of the members
duly elected to this convention.
Messrs. Goodwin, Morey, Stewart, Davidson, Whittemore, Silver and
Moran, were by the chair appointed said committee.
The Hon. Edward Mundy, Lieut. Gov., and the Hon. Wm. A. Fletcher,
Chief Justice of the State, were invited to take seats within the bar of the
Convention. e -
On Motion of Mr. Morey from Lenawee,
CONVENTION OF DELEGATES. 41
Resolved, That the Reverend Clergy of the village of Ann Arbor, be
invited to attend upon this Convention, and to open the same with prayer.
The Convention adjourned until 2 o’clock P. M.
& 2 o'clock, P. M.
The Convention was opened by prayer, from the Rev. Mr. Marks.
The committee appointed for that purpose reported the following per-
sons as duly elected members of this Convention.
County of Kalamazoo—Samuel Percival, Ira Lyon, Isaac W. Willard,
Ambrose Searle.
County of Cass—Edward N. Bridges, Jacob Silver, Joseph Smith, Abiel
Silver.
County of Kent—Samuel Dexter, Charles J. Walker.
County of Allegan—Silas F. Littlejohn, Orasamus Eaton.
County of Lapier—Norman Davidson, Harvey Gray.
County of Branch—James B. Tompkins, Peris A. Tisdale.
County of Jackson—Joab Page, Benj. H. Packard.
County of Hillsdale—Rockwell Manning, Zachariah Van Duzer.
County of St. Joseph—Philip R. Toll, Aaron B. Watkins, Wm. Adams,
Stephen W. Truesdell.
County of Calhoun—Benjamin Wright, Justis Goodwin.
County of Lenawee—John Hutchins, Jeremiah D. Thompson, Joseph
Rickey, Addison J. Comstock, Darius C. Jackson, Peter Morey, John J.
Adam, Oliver Miller.
County of St. Clair—Ralph Wadhams, Joel Tucker.
County of Oakland–Gideon (). Whittemore, James B. Hart, Hiram
|Barritt, Joseph Coates, David Chase, Benj. B. Morris, Charles A. Grant,
P. W. C. Gates, John S. Livermore, Henry S. Babcock, Wm. H. Crooks,
Samuel White.
County of Wayne—-John R. Williams, Ross Wilkins, Chas. Moran, Mar-
shal J. Bacon, Daniel Goodwin, B. F. H. Witherill, John E. Schwartz, R.
Gillett, Eli Bradshaw, Chas. F. Irwin, Horace A. Noyes, Elihu Morse,
Warren Tuttle, Archibald Y. Murray, James Bucklin, Josiah Mason.
County of Washtenaw–Nelson H. Wing, Salmon Champion Jr.,
Nathaniel Noble, Lyman Downes, James Huston, Esek Pray, George W.
Jewett, Solomon Southerland, Samuel Denton, Samuel B. Bradley,
Elisha Congdon, Stodard W. Twitchell, Jesse Warner.
County of Saginaw—Gardner D. Williams, Samuel G. Watson.
County of Berrien–Hart L. Stewart.
County of Van Buren—H. H. Keeler, Charles B. Avery,
On motion of Mr. Stewart of Berrien,
Rosolved, That the Convention do now proceed to elect one President,
two Secretaries, one Sergeant-At-Arms, one Door Keeper, and one
Messenger.
John R. Williams was thereupon elected President.
Kintzing Pritchette, Jonathan E. Field, Secretaries.
John Huston, Sergeant-at-Arms.
Samuel G. Percy, Mossenger,
Castle Southerland, Door Keeper.
After the election, the following remarks were submitted by the
President,
Follow Citizens of the Convention:
I accept with sentiments of profound respect, the distinguished favor
6
42 STATE OF MICHIG AN.
which you have conferred upon me; to be selected as a presiding officer
of an assembly so dignified, talented, and patriotic, will over remain
among the most gratifying recollections of my life.
Entertaining however, a consciousness of my inexperience, I shall rely
much on your indulgence and aid, to enable me to discharge the duties
assigned to me, in a manner to meet your expectations; and to promote
and contribute to the great object of the people's wishes and of this
Convention.
The period has arrived, when we can no longer, postpone efficient meas-
ures, to secure to our rising political star of the confederacy, those advan-
tages inseparable from, and to be attained only, by our admission into
Union.
Trusting that our deliberations will be conducted with that harmony
and despatch essential to their successful issue, I cannot doubt but that
our proceedings will readily and permanently secure to the people of the
State those positive advantages which can be secured to them in no man-
ner so effectually, as by our admission into the Union.
Fellow Citizens, our country, and the district we inhabit, is eminently
calculated to sustain a dense population—our climate—our soil—our nav-
igable and commercial advantages, are unrivalled, by any other State of
the Union. Much depends upon our exertions and the wisdom of our
councils to unfold, accelerate and perpetuate those advantages. Our
object being essentially, founded on despatch, yet, I cannot but repeat my
grateful acknowledgements to you, for the honor which you have conferred
on me; and as a small tribute of the sense in which I appreciate the obli-
gation, I tender to you my most sincere thanks, and best wishes for your
happiness and prosperity individually and collectively.
The members of the Legislature, and the Treasurer of the State were
invited to take seats within the bar of the Convention.
On motion of Mr. Jewett of Washtenaw,
Resolved, That a committee be appointed by the chair to propose and
report rules for the government of this Convention.
Messrs. Jewett, of Washtenaw, Wilkins of Wayne, and Adam of Lena-
wee, were appointed said committee.
The committee appointed to propose and report rules for the govern-
ment of this Convention, reported the following which were unanimously
adopted.
RULES.
1. Upon the appearance of a quorum, the President shall take the
chair, and the convention shall be called to order.
2. The minutes of the preceding day shall then be read, at which time
mistakes, if any, shall be corrected.
3. The President shall reserve order and decorum, and shall decide
questions of order subject to an appeal to the convention; he shall have
the right to nominato any member to perform the duties of the chair; but
such substitution shall not extend beyond an adjournment.
4. All motions and addresses shall be made to the President, the mem-
ber rising from his seat.
5. No motion shall be debated or put unless the same shall be sec-
onded; when a motion is seconded, it shall be stated by the President
CONVENTION OF DELEGATES. 43
before debate, and every motion shall be reduced to writing, at the request
of the President or any member.
6. On any question taken, the yeas and nays shall be entered on the
journal, if requested by two members; no member present shall be
excused from voting when the yeas and nays are called.
7. If two or more members shall rise at once, the President shall name
the member who is first to speak.
8. No interruption shall be suffered while a member is speaking but by
a call to order by the President, or by a member through the President,
when the member called to order shall immediately sit down, until per-
mitted by the President to proceed.
9. While the President is putting a question, no member shall walk out
of or across the house, nor when a member is speaking, shall any member
be engaged in conversation, or pass between him and the chair.
10. No member shall be referred to by name in debate.
11. Any member making a motion, may withdraw it before the ques-
tion is put thereon and before amendment made—after which, any other
member may renew the same motion.
12. All committees shall be appointed by the President.
13. No person shall be admitted within the bar without permission of
the President, except the members of the convention, its officers and
attendants.
14. The previous question shall be always in order, and until decided
shall preclude all amendment and debate of the main question, and shall
be in this form—“shall the main question be now put?” The previous
question shall not be put unless seconded by three-fourths.
15. All questions shall be put in the order they are moved, except in
cases of amendment and filling up blanks, when the amendment last pro-
posed the highest number and longest time shall be first put.
16. A motion to adjourn shall be always in order, and shall be decided
without debate.
17. In forming committees of the whole, the President before he leaves
the chair, shall appoint a chairman.
18. No member shall speak more than twice on the same question
without leave, nor more than once until every member choosing to speak
shall have spoken.
19. No motion for reconsiderations shall be in order, unless on the
same day or day following that on which the decision proposed to be
reconsidered took place, nor unloss one of the majority or an absent mem-
ber shall move such reconsideration.
A motion for reconsideration having been put and lost, shall not be
renewed, nor shall any subject be a second time reconsidered without the
consent of three-fourths of the members present.
20. The preceding rules shall be observed in committee of the whole,
as far as they are applicable, except that part of the 18th rule which
restricts members from speaking more than twice upon the same question.
21. If any Stenographers present themselves for admission, the Presi-
dent may at his discretion admit them within the bar or not.
The following resolution was proposed by Mr. Wilkins from Wayne.
Whereas, by an act of congress of June the 15th, 1836, the Constitution
and State Government, which the people have formod for themselves, is
conditionally accepted, ratified and confirmed; and whereas, the admission
of the State of Michigan into the Union, as one of the United States, is
44 STATE OF MICHIGAN.
provided by the said act, to be upon the express condition, “that the said
state shall consist of, and have jurisdiction over all the territory included
within the following boundaries and over none other, to wit: Beginning at
the point where the described northern boundary of the State of Oilho
intersects the eastern boundary of the state of Indiana, and running thence
with the said boundary line of Ohio, as described in the first section of
the said act, until it intersects the boundary line between the United
States and Canada in Lake Erie : thence with the said boundary line
between the United States and Canada through the Detroit river, Lake
Huron and Lake Superior, to a point where the said line last touches
Lake Superior; thence in a direct line through Lake Superior, to the
mouth of the Montreal River, thence through the middle of the main cham-
nel of the said Montreal River, to the middle of the Lake of the Desort,
thence, in a direct line to the nearest head water of the Menominoe river,
thence through the middle of that fork of the said River first touched by
the said line to the main channel of the said Menominee river, thence
down the centre of the main channel of the same, to the centre of the most
usual ship channel of the Green Bay of Lake Michigan: thence through
the centre of the most usual ship channel of the said bay to the middle of
Lake Michigan: thence through the middle of Lake Michigan to the
northern boundary of the State of Indiana, as that line was established by
the act of congress of the 19th of April, 1816; thence duo east with the
north boundary line of the said State of Indiana, to the northeast corner
thereof, and thence south, with the east boundary line of Indiana to the
place of beginning,”
And whereas, as a compliance with the condition of admission described
in the said act, it is provided and required in the said act, that the above
described boundaries of the State of Michigan shall receive the assent of a
convention of delegates, elected by the people of the said State, for the sole
purpose of giving such assent;-and whereas, no authority or power is
designated in said act of Congress, by which such convention of dele-
gates shall be called or convened: but, in the 3d section of said act, the
right of the people of Michigan, to elect, said delegates, without any pre-
vious action of their constituted authorities, is clearly recognized and mani-
fest; and, whereas this convention originated with and speaks the voice of
a great majority of the people of Michigan; and whereas, it is provided
and enacted in the said act, that as soon as the assent therein required
shall be given, the President of the United States shall announce the same
by proclamation, and thereupon, and without any further proceedings on
the part of Congress, the admission of said State into the Union, as one of
the United States of America on an equal footing with the original states
in all respects whatsoever, shall be considered as complete.
Whereas, tranquility, order and judicial certainty will be promoted and
preserved, and the general interests of the state will be greatly advanced
by an immediate admission into the Union as one of its sovereign states,
Therefore, be it resolved,
1st, By the people of Michigan in convention assembled, & it is hereby
Resolved, that the assent required in the foregoing rocited act of the con-
gress of the United States is hereby given.
2nd, Be it, and it is hereby resolved, by the people of Michigan in Con-
vention assembled, -that, notwithstanding the assent hereby given, this
onvention do most solemnly protest against the right of the Congress
of the United States to attach any such condition of admission as that con-
CONVENTION OF DELEGATES. 45
tained in the foregoing recited act, —as being contrary to the irrepealable
articles of compact guaranteed in the ordinance of 1787, and reserve all
civil and political rights which the people of Michigan as a free, sovereign
and independent State may possess under the constitution of the United
States. *
The following resolution was offered by Mr. Britiges of Cass.
Whereas, the Senate and House of Representatives of the United States
of America in congress assembled, by an act entitled “an act to establish
the northern boundary line of the state of Ohio, and to provide for the
admission of the state of Michigan into the Union upon the conditions
therein expressed,” approved the fifteenth day of June, eighteen hundred
and thirty-six, did enact, that the constitution and state government, which
the people of Michigan have formed for themselves, be, and the same is
hereby accepted, ratified and confirmed; and that the said state of Michi-
gan shall be, and is hereby, declared to be one of the United States of
America, and is hereby admitted into the Union upon an equal footing
with the original states in all respects whatsoever: Provided always, and
this admisnsion is upon the express condition, that the said state shall con-
sist of, and have jurisdiction over all the territory included within the fol-
lowing boundaries, and none other, to wit: Beginning at the point where
the above described northern boundary of the state of Ohio intersects the
eastern boundary of the State of Indiana, and thence running with the said
boundary line of Ohio, as described in the first section of this act, until it
intersects the boundary line between the United States and Canada, in
Lake Erie; thence with the said boundary line botween the United States
and Canada, through the Detroit river, Lake Huron and lake Superior, to
a point where the said line last touches lake Superior, thence in a direct
line through lake Superior to the mouth of the Montreal river: thence
through the middle of the main channel of the said river Montreal, to the
middlo of the lake of the Desert; thence in a direct line to the nearest
head water of the Menominee river; thence through the middle of that
fork of said river first touched by the said line, to the main channel of the
said Menominee river; thence down the centre of the main channel of the
same, to the centre of the most usual ship channel of the Green Bay of
lake Michigan; thence through the centre of the most usual ship channel
of the said bay to the middle of lake Michigan; thence through the mid-
dle of Lake Michigan to the northern boundary of the state of Indiana, as
that line was established by the act of congress of the nineteenth of April,
eighteon hundred and sixteen; thence due east with the northern boundary
line of the said state of Indiana, to the northeast corner thereof; and thence
south with the east boundary line of the state of Indiana, to the place of
beginning, '' *
And whereas, by the third section of the aforesaid act of Congress, it is
enacted, ‘‘that as a compliance with the fundamental condition of admission
contained in the last preceding section of this act, the boundaries of the
said state of Michigan, as in that section described, declared and estab-
lished, shall receive the assent of a convention of delegates elected by the
people of the said state, for the sole purpose of giving the assent herein
required: As soon as the assent herein required shall be given, the Presi-
dent of the United States shall announce the same by proclamation, and
thereupon, and without any further proceedings on the part of congress,
the admission of the said state into the Union as one of the United States
of America, on an equal footing with the original states in all respects
46 STATE OF MICHIGAN.
whatsoever, shall be considered as complete, and the Senators and repre-
sentatives who have been elected by the said state as its representatives
in the congress of the United States, shall be entitled to take their seats in
the senate and the house of representatives respectively, without further
delay.”
Now, although this convention are of the opinion, that the congress of
the United States had no constitutional power to annex the condition which
they have annexed to the admission of this state into the Union neverthe-
less, as tho congress have required her assent to the said conditions, and as
such assent can neither restrain nor enlarge, limit or extend the operation of
the constitution of the United States as respects any of the rights of the
people and state of Michigan, and because such declaration of assent will
not divost this state of any of those rights, but will promote an earlier
enjoyment of the blessings and advantages which she will derive from her
admission into the federal Union; and the state of Michigan feeling, more-
over, anxious to give to her sister states, and to the world, the most unequiv-
ocal proof of her desire to promote the tranquility and harmony of tho
confederacy, and to perpetuate the unity, liberty and prosperity of the
country; therefore be it
Resolved, By the people of Michigan in convention assembled, that the
assent required in the act of congress above recited, to tho fundamental
conditions therein contained, of the admission of this state into the Union,
be, and the same is hereby solemnly given.
The following resolution was offered by Mr. Morey from Lenawee.
Whereas by an act of congress of the United States approved June 15th,
1836, entitled, an “Act to establish the northern boundary line of tho state
of Ohio, and for the admission of Michigan into the Union upon the con
ditions therein expressed;’’ it is provided that the admission of the said
state of Michigan into the Union is upon the express condition that the
said state shall consist of and have jurisdiction over all the torritory
included within the following boundaries, and over none other, to wit:
“Beginning at the point where the described northern boundary of the
state of Ohio intersects the eastern boundary of the state of Indiana, and
running thence with the said boundary line of Ohio as described in the
first section of said act until it intersects the boundary lino botween the
United States and Canada in lake Erie; thence with the said boundary
line between the U. States and Canada, through tho Detroit river, lake
Huron and lake Superior to a point, where the said limo last touches lake
Superior; thence in a direct line through lake Superior to the mouth of
the Montreal river; thence through the middle of the main channel of the
said Montreal river to the middle of the lake of the Desert; thence in a
direct line to the nearest head water of the Monominoo river, thence
through the middle of that fork of the said river first touched by the said
line to the main channel of the said Menominee river; thence down the
centre of the main channel of the Menominee river to the centro of the
most usual ship channel of the Groen Bay of lake Michigan; thence
through the centre of the most usual ship channel of the said bay to the
middle of lake Michigan, to the northern boundary of tho State of Indi-
ana, as that line was established by the act of congress of tho 19th of April,
1816; thence due east with the north boundary line of said stato of Indi-
ana, to the northeast corner thereof; and thence south with the east bound-
ary of Indiana to the place of beginning.
And as a compliance with the condition above referred to, it is provided
CONVENTION OF DELEGATES. 47
that the said boundaries shall receive the assent of a convention of dele-
gates elected by the people of said state for the sole purpose of giving the
assent therein required.
Now therefore, we the delegates elected by the people of the said state
of Michigan in accordance with the provisions of the above recited act, in
convention assembled, do hereby give the assent of the people of Michigan
to the boundaries hereinbefore recited.
Resolved, That while we give the assent required by the above recited
act, as a token of our respect for the congress of the United States, and a
convincing evidence of our love for the Union, and our desire to be admit-
ted to partake of its privileges, yet we do hereby most solemnly protest
that by the provisions of the fifth section of the Ordinance of 1787; con-
gress had not nor does it possess the right as a preliminary to the admis-
sion of Michigan into the Union, to rauire that as a state, she should exe-
cute a relinquishment or release of the territory in dispute with the state
of Ohio, which should operate as a bar to the legal prosecution of her
claims before the judicial tribunals of the United States. And it is not
right or just that the assent above given should be so construed.
The foregoing reports were on motion of Mr. Wilkins of Wayne referred
to a committee of eleven to be appointed by the chair.
Messrs. Witherell of Wayne, Bridges of Cass, Morey of Lenawee, Wad-
hams of St. Clair, Denton of Washtenaw, Manning of Hillsdale, Goodwin
of Wayne. Whittemore of Oakland, Percival of Kalamazoo, Wright of Cal-
houn, and Stewart of Berrien, were appointed said committee.
On motion of Mr. Wilkins from Wayne.
Resolved, That John M’Donell of the county of Wayne, be, and he is
hereby appointed Fiscal Agent of this convention :-that, the said Fiscal
Agent is authorised to audit and pay all such expenses, including the pay
and mileage of officers and members and other incidental expenses of and
appertaining to the convention, and to present to the next session of the
Legislature an account of the monies by him disbursed, that the same may
be allowed and refunded by an act of appropriation.
On motion of Mr. Goodwin from Wayne.
Resolved, That the members of this convention shall be allowed a com-
pensation of three dollars per diem during their attendance, and three
dollars for every twenty miles travel from the places of their respective
residences, that the secretaries shall be allowed each three dollars per diem
for their attendance, the Sergeant-at-arms three dollars, the Messenger and
Door Koeper, three dollars for each days attendance, and that the Secretary
furnish the Fiscal Agent with a list of names of the members of the con-
vention, stating the number of miles travel from their respective places of
residence.
The committee appointed for that purpose reported the following resolu-
tion which was unanimously adopted.
Whereas, By an act of congress of June 15th, 1836, the Constitution and
Stato Government which the people of Michigan have formed for them-
selves, is accepted, ratified and confirmed.—And whereas, the admission of
the State of Michigan into the Union as one of tho United States, is pro-
vided by the said act to be upon the express condition, that tho said state
shall consist of and have jurisdiction over all the territory included within
tho following boundaries, and over none other, to wit: “Beginning at the
point where the described northern boundary of the state of Ohio inter-
sects the eastern boundary of the State of Indiana, and running thence
48 STATE OF MICHIGAN.
with the said boundary line of Ohio as described in the first section of the
said act, until it intersects the boundary line between the United States
and Canada in lake Erie; thence with the said boundary line between the
United States and Canada, through the Detroit river, lake Huron and lake
Superior, to a point where the said line last touches lake Superior; thence
in a direct line through lake Superior to the mouth of the Montreal river;
thence through the middle of the main channel of the said Montreal rivor,
to the middle of the lake of the Desert; thence in a direct line to the head
waters of the Menominee river; thence through the middle of that fork of
the said river, first touched by the said line to the main channel of the
said Menominee river; thence down the centre of the main channel of the
same, to tho centre of the most usual ship channel of the Green Bay of
lake Michigan; thence through the centre of the most usual ship channel
of the same bay, to the middle of lake Michiagn; thence through the mid-
dle of lake Michigan to the northern boundary of the state of Indiana to
the northeast corner thereof; and thence south with the east boundary line
of Indiana to the place of beginning.”
And Whereas, no authority or power is designated in said act of con-
gress, by which such convention shall be called or convened, but in the 3d
section of said act, the right of the people of Michigan to elect said dele-
gates, without any previous action of their constituted authorities, is clearly
recognized and manifest. And whereas, the convention originated with,
and speaks the voice of a great majority of the people of Michigan; and
whereas, it is provided and enacted in the said act, that as soon as the
assent therein required shall be given, the President of the United States
shall announce the same by proclamation, and thereupon, and without any
further proceedings on the part of congress, the admission of the said state
into the union, as one of the United States of America, on an equal foot-
ing with the original states in all respects whatever, shall be considered
complete.
Now therefore, this convention are of the opinion that the congress of
the United States had no constitutional right to require the assent afore-
said, as a condition preliminary to the admission of the stato into the
Union.
Nevertheless, as the congress have required such assent to the condition,
and as the interest and prosperity of the state will be greatly advanced by
our immediate admission into the Union, as one of its sovereign states;
and the people of the said state, are solicitous to give to her sister states
and to the world, unequivocal proof of her desire to promote the tranquil-
ity, and harmony of the confederacy, and to perpetuate the unity, liberty
and prosperity of the country. *
Therefore be it
Resolved, By the people of Michigan in convention assembled, that the
assent required in the foregoing recited act, of the congress of the United
States, is hereby given.
The convention adjourned until half past six o'clock P. M.
Half past six P. M.
Convention was opened by prayer, from Mr. Colclazer.
On motion of Mr. Wilkins from Wayne,
Resolved, That a committee of five be appointed to draft a letter to the
President of the United States.
CONVENTION OF DELEGATES. 49
Messrs. Wilkins of Wayne, Jewett of Washtenaw, Adams of Lenawee,
Silver of Cass, and Van Duzer of Hillsdale, were by the chair appointed
said committee.
The committee reported the following letter which was accepted.
Ann Arbor, [Michigan, J Dec. 15th, 1836.
To the President of the United States:
Sir–By a Resolution of a Convention of Delegates, elected by the People
of Michigan, pursuant to the provisions of the Third Section of the Act of
Congress of June 15th, 1836;-ontitled an Act to establish the Northern
Boundary line of the State of Ohio and to provide for the admission of
Michigan into the Union, upon the conditions therein expressed; and
which convened in accordance to a regular call throughout the State, at the
Village of Ann Arbor, in the county of Washtenaw, on Wednesday, the
14th instant I, as the presiding officer thereof, am instructed to forward to
you, the enclosed preamble and resolution of Assent.
The third section of the act of Congress, to which I have already alluded,
in requiring the assent of the People of Michigan, to the boundaries of the
said State, as in the second section of said act is described, declared and
established, does not designate any power or authority, known among the
People of the State, whether executive or legislative, by which such con-
vention of delegates should be called together for action on the premises.
The condition prescribed as a preliminary to the admission of Michigan
into the Union had not until now been complied with, and no absolute
recognition of our State authorities had been made by any branch of the
National Government.
The Territorial Executive had been withdrawn. The Territorial Legis-
lature had ceased, -—and no power remained, as recognized by Congress, –
but, the People of Michigan in their Sovereign Capacity, by which the
Convention of Delegates should be called, to yield a compliance with the
fundamental condition of admission, as provided in the second section of
the act of Congress. Had the third section of the said act designated by
whom, or what power the said convention should be ordered, the mode
would have met the cheerful compliance of the People of Michigan;–but,
an implied recognition of our constitutional authorities by congress, is not
justified in the whole scope of the act aforesaid, -and might be deemed too
broad a construction, bearing on a question so vitally important to the
People of Michigan.
Left then to ourselves—we havo considered it proper, respectful, and as a
full compliance with the spirit of the third section of the Act of Congress
of June the 15th, 1836, to originate with and from the people themselves
through the expressed sanction of our Executive, the convention of dele-
gates required by the said act.
The important foature in the said third section, is, --that the boundaries
described in the socond section shall receive the assent of a convention of
delegates elected by the people of the said State, for the sole purpose of
giving the assent therein required. So far in the resolution enclosed as
omanating from a convention of delegates elected by the people, is, the
requisition of the section strictly complied with. The convention origi-
nated through primary meetings of the citizens of soveral counties in ample
time to afford notico to the whole Stato. Pursuant thoreto, elections kept
open for two days, on the 5th and 6th instant, have been held in all the
7
50 STATE OF MICHIIGAN.
counties except Monroe and Macomb. These elections were fair, open,
and conducted in all respects as are other elections, and the returns made
to the county boards and canvassed as prescribed by the laws of the late
Territory of Michigan in similar cases. The result has been a decided
expression of the voice of the majority of the people approbatory of the
resolution enclosed.
However the people of Michigan regret the condition imposed upon
them in the act of Congress and however doubtful appears to them the
right of the National Legislaturo to change, modify or repeal any portion
or part of the Ordinance of 1787; which in their estimation prohibited an
enquiry on the part of Congress beyond the requisite amount of popula-
tion, and the republican character of the Constitution and State Govern-
ment which they had formed for themselves;–Yet deeply solicitous for the
peace and harmony of the Union, —and greatly appreciating the advantages
of admission, they are willing to assent to the terms so imposed. They
bow to the power, but question the right:-They yield to the Legislation
of their paternal government, that submission which becomes them as citi-
zens of the United States, (to the Judicial tribunals of which they were
ever willing to refer the controversy ;)—but which never could have been
extorted from them by the menaces of a state grasping at an extension of
dominion, but forgetful of right, and profiting by a political position, at a
time when Michigan had no voice in the councils of the nation.
With great regard, Sir,
I am your fellow citizen.
JOHN R. WILLIAMS,
President of the Convontion.
Ann Arbor, Michigan.
Mr. Smith of Cass offered the following resolution.
Resolved, That throo special messengers be chosen by ballot by this con-
vention, whose duty it shall be to proceed forthwith to the city of Wash-
ington and deliver to the President of the United States the resolution of
assent passed by this convention, and such other proceedings touching the
same as it may be deemed advisable to transmit.
Mr. Donton of Washtenaw, moved to amend the resolution, by striking
out the word three in the first line and insert the words “one special
messenger.”
Mr. Adam of Lenawee, moved an amendment to tho amendment, by
striking out the words one and insorting the words two.
The question being taken on the amendment to the amondment, it was
lost.
The quostion then recurring on the original amondment, it was adopted.
On motion, the resolution was thon adopted.
The following persons were then nominatod Viva voco as such special
Messengers.
D. C. M’Kinstry, John R. Williams, H. L. Stewart, and John E.
Schwartz.
The convention then proceeded to ballot for a special messenger in pur-
Suance of Said resolution and nomination.
CONVENTION OF DELEGATES, 51
On the first balloting
D. C. M'Kinstry received 13 votes.
J. R. Williams { % - 31 ''
H. L. Stewart { % 16 ‘'
J. E. Schwartz € $ (; “
Daniel Goodwin { % 4 * *
No candidate having a majority of the whole number of votes there was
no choice.
The convention then proceeded to a second ballot, whereupon it appeared
that
D. C. M'Kinstry received 4
Jno. R. Williams * * 36
H. L. Stewart * { 20
J. E. Schwartz { % 4
It appearing that John R. Williams had a majority of the whole number
of votes, he was declared duly elected.
On motion of Mr. Wilkins of Wayne it was resolved that a second special
messenger be appointed by the convention,
On motion it was
Resolved, That the individual having the next highest number of votes
as they appeared from the last balloting, should be the second special
messenger.
Whereupon Hart L. Stewart of St. Joseph, was declared duly elected.
On motion the following resolution laid on the table by Mr. Wilkins of
Wayne, was taken up and adopted, viz:
Resolved, That the Fiscal Agent be and he is hereby authorised to
employ a printer to publish for the information of the people, the Journal
of the Proceedings of this Convention, under the supervision of Messrs.
Denton, Jewett, and Champion, as a committee for that purpose; and that
the account of the printer under such supervision be, and is hereby allowed
when examined.
On motion of Mr. Jewett of Washtenaw, the following resolution was
adopted.
Resolved, That the committee appointed to superintend the printing of
the proceedings of this convention, cause a copy thereof to be forwarded to
each of our senators, and to our representatives in congress, to the Gover-
nor, and Lieut. Governor, and to each member of this convention, and also
the Legislature of this State, and also twenty copies thereof to be depos-
ited in the office of the Secretary of this state, and twenty copies in the
public library.
On motion of Mr. Morey, of Lenawee, the following resolution was
adopted.
Resolved, That a committee be appointed to draft an address to the peo-
ple of Michigan, and to their fellow citizens of the United States, explana-
tory of their views on the subject of the assent given by this Convention.
The following members were designated by the President as said
committee.
Messrs. Wilkins of Wayne, Adam of Lenawee, Silver of Cass, Whit-
more of Oakland, Jewett of Washtonaw.
The convention then adjourned until to morrow at 9 o'clock A. M.
52 STATE OF MICHIGAN,
December 15, 1836.
Convention met pursuant to adjournment. The same was opened by
prayer by the Rev. Mr. Beach. f
On motion of Mr. Moran from Wayne, \
Resolved, That John M’Donell, Fiscal Agent of this convontion, be
allowed fifty dollars for his services rendered in disbursing moneys for
the pay of members and officers of this Convention, &c.
On motion of Mr. Adam, from Lenawee, the folloing preamble and reso-
lution were adopted.
Whereas, a large proportion of the people of Michigan, having been dis;
appointed in the result of the convention in September last, which rejected
the terms prescribed by the act of congress, providing for our admission
into the Union, the question of giving or withholding the assent required
by said act, was therefore generally made a test question in the election of
members of the ensuing legislature; and whereas the result of that election
has been a decision by a very large majority of the people of Michigan, in
favor of admission in accordance with the terms of the act of congross; and
whereas, in pursuance of recommendations of primary meetings of the
people subsequently held in most of the counties of the state, the people of
Michigan, in order to secure important advantages to the state, by having
her admission perfected before the first of January next, have, in nearly
every township and county in the state, united in electing delegates to the
present convention, in favor of acceding to the terms prescribed for our
admission, by a vote largely exceeding that given on the opposite side of
the question in September, and in a majority of the counties, considerably
exceeding the vote then given both for and against admission: Thorofore,
Be it and it is hereby recommended by this Convention, That the legis-
lature, at its ensuing session, pass a law authorizing and requiring the sev-
eral township and county boards to audit and allow, as in other cases, the
accounts of those who served as boards of inspectors and canvassers, and as
clerks, at the late election, and making an appropriation for the necessary
contingent expenses of this convention.
On motion of Mr. Denton of Washtenaw.
Resolved, That the members from each county be solicited to state in
writing to the Sceretary of this convention, facts in their possession calcu-
lated to answer the following interrogations?
How many votes were given in your county for assent at the election for
delegates in September, and how many for dissent?
How many votes were given for assent at the last election, and how many
for dissent?
The following were the returns made in conformity with the foregoing
resolution.
Berrien county.—At the election in Soptember, there was a majorit
against admission of about 180 votes, the whole number of votes º
cannot recollect; at the late election, the polls were opened in but one
township only, which gave about 100 votes for admission and none against
admission. H. L. STEWAR.T.
Washtenaw county.—970 dissent; 760 assent; by which seven delegates
were chosen for dissent in September. 1796 assent; no dissent, by which
the delegates were chosen for assent in December.
At the convention in September there were seven majority for dissent.
CONVENTION OF DELEGATES. 53
If the election in Washtenaw had resulted in September as it did in Decem-
ber, there would have been seven majority for assent.
The delegates from the county of Lapeer, would state to this convention
that they are not prepared to state correctly, the amount of the votes taken
at the election in September last, nor the number of votes taken on the
5th and 6th days of December inst., but are satisfied from recollection,
would state that in the towns which held elections, there were more votes
taken at the December election for assent than were given for and against
assent in September last. And would farther state that if all the towns of
said county had held elections in December inst., and all the electors had
attended the polls and voted, they could not have polled an equal number
of votes against admission that were polled for it; had all the electors that
did not vote, have voted against admission.
N. DAVISON,
H. GRAY.
Cass county and district attached. —September, 175 dissent; 90 assent.
December, 200 assent; 1 dissent.
At the election held in Jackson county, in September last, the amount
of votes polled in the county were 359; and at the election for this conven-
tion, 365. Three over one-half of the former were given in September for
non-admission; the others for admission; at the last election, all were given
for admission.
B. H. PACEQARD,
JOAB PAGE.
The delegates from St. Clair are not able to make a correct statement of
the votes given in September last. The county gave a large majority
against the assent. The returns of the December election not having been
made from all the township which held election, they are unable to give
the exact number but can confidently state that the number given for
assent in December, is greater than the votes given in September, both for
and against assent.
The result of the election in the county of Kalamazoo are as follows:
At the September election, there were 250 votes polled, and a majority
of them for non-admission. At the last election there were 361 votes polled,
and all for admission.
At an election held in the county of Branch in September last, there
were polled as near as we can recollect, between 80 and 90 votes for assent,
and between 40 and 50 votes for dissent. At December election; there
were polled in said county of Branch, 327 votes all for assent.
P. A. TISDEL.
J. B. TOMPKINS,
At the election of Calhoun county for the convention in September last,
387 votes were polled; for assent, 214; dissent, 173;
The above is according to our recollection.
For the December convention, 528 votes were polled for assent; none
for dissent.
J. GOODWIN,
B. WRIGHT.
:
tº:
:
:
i
| Non
qRGULATING
54 STATE OF MICHIGAN. \
At the election in September, there were a majority of votes in favor of
admission in St. Joseph county; at the last election there were about 130
votes polled, all of which were for admission.
S. W. TRUESIDELIL.
Saginaw County.—65 votes were polled in September, 45 for admission
and 20 against admission; 25 majority for admission: and at the December
election, 72 votes for admission, and none against admission.
Hillsdale county.—At the election in September, 128 votes were given
for assent, 46 against assent. In December, 547 for assent, 1 against.
Lenawee county.—September, 610 assent; 485 dissent; December 1102;
dissent none. The vote for assent in December being more than 11-12ths
of the highest vote ever given in the county.
On motion of Mr. Witherell from Wayne.
Resolved, That the sum of three dollars per diem be allowed and paid to
each of the Rev. Clergy, who have officially attended this convention.
On motion of Mr. Witherell from Wayne.
Resolved, That the Fiscal Agent be authorised to pay the secretaries of
this convention, the sum of six dollars each, for their services in preparing
the journal of proceedings of the convention for publication.
On motion of Mr. Adam from Lenawee.
Resolved, That Samuel Denton and George W. Jewett be a committee
to forward to Washington city, three copies of the preamble and resolution
adopted by this convention, and of the letter of the President thereof, by
three consecutive mails, one copy to the President of the U. Ståtes, one
to our senators, and One to our Representatives in congress: and that said
committee audit and allow for copying said documents five dollars.
On motion of Mr. Goodwin from Wayne,
Resolved, That two thousand copies of the Journal of this convention
be published, under the superintendence of the publishing committee, and
to be by them distributed.
Mr. Witherell of Wayne, having been called to the chair. –
On motion of Mr. Noyes from Wayne.
Resolved, That the thanks of this convention be, and they are hereby
tendered to the president for the able, dignified and impartial manner in
which he has discharged the important duties of that responsible station.
Convention adjourned sine die.
JOHN. R. WILLIAMS, Pres’t.
KINTZING PRITCHETTE,
JonATHAN E. FIELD.
Secretaries.
FFR 1 tº 1922
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