United States Statutes at Large/Volume 2/8th Congress/2nd Session/Chapter 5
[Obsolete.]
Chap. V.—An Act to divide the Indiana Territory into two separate governments.
Territory of Michigan taken from the Indiana territory.
Boundaries of the new territory and commencement of a temporary government for it.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the thirtieth day of June next, all that part of the Indiana territory, which lies north of a line drawn east from the southerly bend or extreme of Lake Michigan, until it shall intersect Lake Erie, and east of a line drawn from the said southerly bend through the middle of said lake to its northern extremity, and thence due north to the northern boundary of the United States, shall, for the purpose of temporary government, constitute a separate territory, and be called Michigan.
Its government.
Vol. i. 51, act of August 7, 1789, ch. 8.Sec. 2. And be it further enacted, That there shall be established within the said territory, a government in all respects similar to that provided by the ordinance of Congress, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven, for the government of the territory of the United States, northwest of the river Ohio; and by an act passed the seventh day of August, one thousand seven hundred and eighty-nine, entitled “An act to provide for the government of the territory northwest of the river Ohio;” and the inhabitants thereof shall be entitled to, and enjoy all and singular the rights, privileges, and advantages granted and secured to the people of the territory of the United States, northwest of the river Ohio, by the said ordinance.
Officers to exercise the same powers, be subject to the same duties, and to receive the same compensations as in the Indiana territory.
Duties of superintendent of Indian affairs vested in the governor.
Government of Indiana not affected by this act, except in the establishment of that of Michigan.Sec. 3. And be it further enacted, That the officers for the said territory, who by virtue of this act shall be appointed by the President of the United States, by and with the advice and consent of the Senate, shall respectively exercise the same powers, perform the same duties, and receive for their services the same compensations, as by the ordinance aforesaid and the laws of the United States, have been provided and established for similar officers in the Indiana territory; and the duties and emoluments of superintendent of Indian affairs, shall be united with those of governor.
Sec. 4. And be it further enacted, That nothing in this act contained, shall be construed so as, in any manner, to affect the government now in force in the Indiana territory, further than to prohibit the exercise thereof within the said territory of Michigan, from and after the aforesaid thirtieth day of June next.
Suits or legal proceedings pending on the 30th June, 1805, in the district of country, or arising therein, which forms the territory of Michigan, to be proceeded into judgments, as if this act had not passed.Sec. 5. And be it further enacted, That all suits, process, and proceeding, which, on the thirtieth day of June next, shall be pending in the court of any county, which shall be included within the said territory of Michigan; and also all suits, process, and proceedings, which on the said thirtieth day of June next, shall be pending in the general court of the Indiana territory, in consequence of any writ of removal, or order for trial at bar, and which had been removed from any of the counties included within the limits of the territory of Michigan aforesaid, shall, in all things concerning the same, be proceeded on, and judgments and decrees rendered thereon, in the same manner as if the said Indiana territory had remained undivided.
Detroit made the seat of government.Sec. 6. And be it further enacted, That Detroit shall be the seat of government of the said territory, until Congress shall otherwise direct.
Approved, January 11, 1805.