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 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 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 said Montreal river, to the middle of the Lake of the Desert; thence in a direct line to the nearest headwater 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 center of the main channel of the same to the center 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, 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 nineteenth of April, one thousand eight hundred and sixteen; thence due 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 prescribed 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 is designated in said act of Congress, by which such convention of delegates shall be called or convened, but in the third section of said act the right of the people of Michigan to elect said delegates without any previous action of their constituted authorities is clearly recognized and manifest: 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 Assent. 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 whatever, shall be considered as complete: Now, although this Convention are of opinion that the Congress of the United States had no constitutional right to require the assent aforesaid as a condition preliminary to the admission of the said State into the Union, nevertheless, as the Congress have required such assent to the said condition, and as the interest and prosperity of the State will be greatly advanced by an immediate admission into the Union as one of its sovereignties, 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 tranquility 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. This done in convention at Ann Arbor, this fifteenth day of December, in the year of our Lord one thousand eight hundred and thirty-six, and of the Independence of the United States of America the sixty-first. Preamble. AN ACT ΤΟ ADMIT THE STATE OF MICHIGAN INTO THE UNION STATES. IN CONGRESS, JANUARY 26, 1837. WHEREAS, In pursuance of the act of Congress of June the fifteenth, eighteen hundred and thirty-six, 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 conditions therein expressed," a convention of delegates, elected by the people of the said State of Michigan for the sole purpose of giving their assent to the boundaries of the said State of Michigan, as described, declared, and established in and by the said act, did, on the fifteenth of December, eighteen hundred and thirty-six, assent to the provisions of said act; therefore: Michigan into SECTION 1. Be it enacted by the Senate and House of Represent- Admission of atives of the United States of America, in Congress assembled, the Union. That the State of Michigan shall be one, and is hereby declared to be one of the United States of America, and admitted into the Union on an equal footing with the original States, in all respects whatever. ered a State in effect the act SEC. 2. And be it further enacted, That the Secretary of the To be considTreasury, in carrying into effect the thirteenth and fourteenth carrying into sections of the act of the twenty-third of June, eighteen hundred relative to deposits. and thirty-six, entitled, "An act to regulate the deposits of the public money,” shall consider the said State of Michigan as being one of the United States. EXTRADITION. I. GENERAL PROVISIONS. 1. By whom warrants may be issued. Hearing. Evidence to be certified to the Secretary of State. Committment. 2. Copies of depositions to be evidence. 3. Secretary to issue warrant of extradition to agent of foreign government. Recapture in case of escape. 4. Party to be discharged, if not conveyed out of the United States within two months. 5. Limitation of act. 6. Courts to appoint commissioners. II. TREATY WITH GREAT BRITAIN. 7. Criminals to be delivered up, by either party, on requisition, For what offenses. Evidence. Jurisdiction. Surrender. etc. Expenses. I. GENERAL PROVISIONS. 1 9 Stat. 302. rants may be 1. In all cases in which there now exists, or hereafter may exist, 12 Aug. 1848, § 1. any treaty or convention for extradition between the government By whom warof the United States and any foreign government, it shall and issued. may be lawful for any of the Justices of the Supreme Court, or judges of the several district courts of the United States, and the judges of the several State courts, and the commissioners author 1 The international extradition of fugitives from justice is a duty of comity and not of strict rights. 6 Opin. 85. It is a right which has no existence without, and can only be secured by a treaty stipulation. Case of Jose Ferreira dos Santos, 2 Brock. 493. In the absence of such stipulation, the law of nations leaves it optional with the executive. The British Prisoners, 1 W. & M. 67. See Washburn's case, 3 Wh. Cr. Cas. 473. United States v. Nash. Bee, 267. Robbins's case, Hall's Journal of Jurisprudence, 13. All demands of international extradition must emanate from the supreme political authority of the demanding State. 7 Opin. 6. But when the reclamation of a fugitive is made under treaty stipulations, it is the duty of the United States to aid in relieving the case of any technical difficulties which may be interposed to defeat the ends of public justice. Ibid. 536. |