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24th CONGREB8, '        Ret No. 38O.i J              HO. OFW,      <f
1st Session.
NORTHERN BOUNDARY OF OHIO, AND ADMISSION OF MICHIGAN INTO
TEIE UNION.
[To accompany bill H. R. No. 383,1,,,                        '   
MARCH 2, 1836.
Mr. THOMAS, from the Committee on the Judiciary, made the following
REPORT:
The Committee on the Judiciary, to which was referred a memorial from
the people of Michigan, asking admission into the Union of the State
they have organized; and the message of the President of the United
States, communicating to Congress a copy of the canstitution adopted
by the people of Michigan for forming a State Government, and' other
documents connected therewith; and another message from the President of the United States, transmitting, for the information of Con.
gress, documents from the State and War Departments, relativeto the
northern boundary of the State of Ohio, have the honor to report in
part:
That the subjects which have been submitted to their consideration are
of grave import, and merit, as they have received, a most careful, deliberate,
and dispassionate examination.
Congress, on the 11th day of January, 1805, passed a law declaring, that
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 tempo
rary government, constitute a separate Territory, and be called Michigan. 
(Appendix A 1.)
In 1832, means were adopted to ascertain whether the people, resident
within these boundaries, desired to form for themselves a constitution and
State Government, when it appeared, that a large majority of them were in.
favor of that measure. Accordingly, the Legislative Council of Michigan,
applied to Coltess at two successive sessions, to direct, by law, a census of
the Territory to be taken, and to authorize the people to assemble, by tthei
representatives, in convention, and form a State Government. Failing ig'
these attempts, in consequence it is believed of the urgent character of other
business before Congress, the Legislative Council of Michigan, on the 6th
of April, 1834, passed a law directing a census to bv taken, and having.
ascertained that there were eighty-seven thousand two hundred and seventy.three free inhabitants within the limits of Michigan, they authorized, by a 
Blair 4 Rives, printer. 




[ Rep. No. 380. ]


law passed January 26th, 1835, the legalized voters inhabiting the Territory, to assemble and choose delegates to meet in the city-of Detroit, to form
for them a State Government.
The delegates thus elected met, at the time and place appointed, formed
a constitution, and adopted certain propositions which have been submitted
to Congress. And Michigan, as a State, claims the right to be admitted into
the Union on an equal footing with the original States, and with jurisdiction, co-extensive with the boundaries assigned to the Territory of Michigan, by the act of 1805. (App. A 2, 3, 4.)
If tlere were no parties to be affected, by the decision to be made on this
application of the people of Michigan, but the applicants on the one side,
and the people of the United States on the other, the committee believe it
would be speedi'j and harmoniously adjusted.
With great propriety in that case, all discussion as to the power of the
people of a Territory to take measures, without authority first had from the
United States, to ascertain their numbers, and to form a State Government,
could be waived; and Congress might at once proceed to decide, whether
the form of government offered is republican or not, according to the
directions of the consitution.
Unfortunately, Michigan  claims jurisdiction over a district of country
which has, by a law of Congress, been made a part of Indiana, and also
over a tract of land to which Ohio lays claim. The first conflict of jurisdiction to which allusion has been made, might, probably, be adjusted
'vithout difficulty. But the committee add, with regret, that the contest in
which the authorities of Michigan and Ohio are involved, has become so
much embittered, that it would be impolitic and unwise to permit the opportunity now enjoyed by Congress to pass by, without exerting all its
constitutional power, to adjust peaceably and forever, if possible, this unpleasant dispute between two communities, destined to become an ornament
to our noble confederacy.
It has already been said, that the people of Michigan claim the right to
form a State Government having jurisdiction over the whole country included within the boundaries of the Territory established by the act of 1805.
One of these boundaries is a line drawn due east from the southern extreme of Lake Michigan. North of that line, Ohio and Indiana each claim
power to govern.
To elucidate this claim of Michigan, that its justice and propriety may
be understood, and the consequences intimately connected with the conclusions to which Congress may come concerning it be fully comprehended,
it will be necessary to revise and examine various acts and proceedings of
Congress, before and since the adoption of the Federal constitution, and
other public documents, copies of which are appended to this report, and to
which the attention of the House is respectfully invited.
In support of their title to the high privileges demanded, the people of
Michigan rely on the provisions of the act of 1805, and especially on the
force and effect of that part of the second section of that law, in which it is
declared that the inhabitants of the Territory " 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 ordinance of the 13th of July. 1787. In the absence of
this reference to the ordinance, all would admit that the act of 1805 is an
ordinary act of legislation, subject to be repealed or modified by Congress.




[ Rep. No. 380. ]                          3
There is nothing to be found on the face of it which would justify a different interpretation. It does not purport to be perpetual. On the contrary,
in the first section it is explicitly declared, that the separate Territory shall
be constituted " for the purpose of temporary government."
If indeed language the reverse of this had been used, it would have been
idle and nugatory. One Congress cannot establish boundaries for a Territory, or confer political, religious, or civil privileges, on any portion of the
people inhabiting the Territories of the United States, and deny to a succeeding Congress the right to change such boundaries, or diminish, or increase, or modify. the immunities thus granted.
The third section of the fourth article of the Federal constitution, gives
power to Congress, "to dispose of, and make all needful rules and regulations respecting the territory, or other property, of the United States."
By the ordinance of 1787, the whole territory northwest of the Ohio, for
the purposes of temporary government; is declared to be "one district;
subject however, to be divided into two districts. as future circumstances
may, in the opinion of Congress, make it expedient."  From this article of
the constitution, the United States derive all the power they possess, to constitute temporary or Territorial Governments in the Territories west of the
Mississippi, and south of the river Ohio; and from these words in the ordinance and the constitution, they must deduce all their authority, to divide
the Territory Nortlhwest of the River Ohio, into separate districts; but neither in the constitution nor the ordinance, can one word be discovered,
calculated to countenance the opinion, that the boundaries of these districts
are to be considered perpetual and unalterable.
It appears to be very evident that Congress bears, in all respects, to
the people of the Territories, until they have been authorized to form and
have actually formed a State, a relation strikingly similar to that of the
several State Legislatures, to the territories within their respective limits
before its political divisions have been made part of the fundamental law.
After counties, or other civil corporations in a State, have been established,
and their boundaries declared to be a part of the fundamental law of the
land, it is admitted, that their limits cannot be diminished or increased, but
by a change of the constitution. But, in the absence of all constitutional
prohibition, is it not too self-evident a proposition to need demonstration,
that such limits may be changed or altered, by an ordinary act of the
Legislature?
Supposing, then, that there is nothing in the character of the act of 1805,
except the reference made to the ordinance of 1787, to make it any thing
but an act to fix the boundaries of a territory or district "for the purposes of
temporary government," and that all its provisions would but for that be
liable to be repealed, altered and amended, let us inquire into the effect
of this reference, and for that purpose we will first advert to the stipulations of the ordinance, and then proceed to scrutinize the various acts tnd
proceedings, of the parties to that compact connected with its execution, to
ascertain the true import and meaning of its language, and be prepared to
consummate the objects for which it was intelligently designed.
It is not necessary to quote the ordinance at large; it will be found in
the 1st vol. Laws U. S. page 475. The fifth article o!it is relied on, by the
people of Michigan, to give validity to their claim, and is in these words:
(see Appendix C. 11) "There shall be formed in said Territory, not less
than three ror more than five States; and the boundaries of the States, as




4.                    [ Rep. No. 380. ]
soon as Virginia shall alter her act of cession, and' assent to the same,
shall become fixed and established as follows, to wit: the western State in
the said Territory, shall be bounded by the Mississippi, the Ohio and Wabaslh rivers, a direct line drawn from the Wabash and Post Vincents, due
north to the territorial line between the United States and Canada, and by
the said territorial line, the Lake of the Woods and Mississippi. The
middle State shall be bounded by the said direct line, the Wabash from
Post Vincents to the Ohio, by the Ohio, by a direct line draw due north
from the mouth of the Great Miami, to the said territorial line, and by
the said territorial line.  The eastern State shall be bounded by the
last mentioned direct line, the Ohio, Pennsylvania, and the said territorial line: Provided, however, and it is further understood and declared,
that the boundaries of these three States shall be subject to be so far
altered, that if Congress shall hereafter find it to be expedient, they shall
have authority to form one or two States, in that part of the said Territory
which lies north of an east and west line drawn through the southerly
bend or extreme of Lake Michigan; and whenever any of the said States
shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates, into the Congress of the United States, on an equal
footing with the original States, in all respects whatever, and shall be at
liberty to form a permanent constitution and State Government."
It will be perceived that neither the east, the west nor the north boundary
lines of Michigan are named in the ordinance; their immutable character depends upon the construction to be given to the act of 1805, considered as a
part execution by Congress, of a trust confided by the ordinance in the authoriy given, to form, if it should be deemed expedient, more than three States in
the territory to which it relates. But it is maintained, that the south boundary of Michigan, is a line north of which Congress never had the power
to extend the jurisdiction of the three States, bounded south by the
Ohio, unless the whole Territory to the Canada line was included. To
maintain this position, in part, tlhese words in the 5th article of the ordinance are relied on: " if Congress shall hereafter find it to be 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."
At the time the ordinance was adopted, the geography of that rich region
which it was designed to divide into States was but little understood.
But the Congress of that day had abundant information with regard to it,
to have satisfied them, that it would be entirely unreasonable to make an
east and west line through the southern extreme of Lake Michigan, a permanent north boundary for the three States on the Ohio, and to give, at the
same time, a discretionary power to their successors, to form the whole
territory north of that limit into one State.  It will be shown that it
would have been an unequal distribution of the territory in question, if
Congress had been required to make only two States in the country referred to, then how completely superfluous must have been the power to
organize but one!
Mitchell's map of the United States was published in 1755, and was
considered high authority on all geographical questions. We have the evideoe of Mr. Adams, oneeof the commissioners who negotiated for the treaty
of peace in Paris in 1783, to prove that Mitchell's map alone was used by
thoe. commissioners at their public conferences, and that upon it was
marked out the whole of the boundary lines of the United States (see




[ Rep. No. 880. ]                         5
(Appendix, G.) Accurate copies of that map are still to be seen; one of
them has been examined by the committee. On it, few, very few, great
natural objects in the Northwest Territory are correctly delineated. The
latitude and longitude of most of its principal rivers and lakes are incorrectly exhibited. There is, with regard to Lake Michigan particularly, a
great error committed. The southern bend, or extreme of that lake, is
located at forty-two degrees twenty minutes north.  A number of other
maps from the State Department have been also examined, and all of them
which were published prior to the year 1815, locate the southern bend, or
extreme of Lake Michigan, at forty-two degrees twenty minutes north latitude; apparently copying the map which had been previously published by
Mitchell. If then, we make two divisions of the territory northwest of the
Ohio, by a line drawn due east from the Mississippi, so as to touch the
southern extreme of Lake Michigan, as laid down on the maps, to which
alone the Congress in 1787 must have referred, there will be an area north
of that line of 215,652 square miles, and south of the same an area of
only 136,617 square miles. If we decide then, that the Congress of 1787
intended, by the ordinance, to compel their successors1to divide the area
first mentioned into not more than two, and the other area into three
States, we must determine that they unjustly wished to enforce the formation of States, in the territory in question, to be in power and population
greatly disproportioned.
The ordinance, moreover, authorizes the formation of only one State
north of this east and west line; and unless it was intended that Congress
should have authority to change this line, so as to annex a part of the
country north of it to the three States on the Ohio river, we must impute
to those who framed and adopted that instrument, the belief that their successors could, by possibility, think it to be expedient to form one State with
an area of 215,652 square miles, larger than any three States of the Union,
and obviously of most overshadowing and gigantic dimensions. It is not
to be supposed, that the same men who, as it will appear, earnestly and
persevcringly, out of a jealous regard for the security and independence of
the smaller States of the confederacy, sought to diminish the power and
resources of Virginia, by asking a surrender of part of its large domain
and had refused to guarantee to that State a title to the territory out of
which the State of Kentucky has been formed, would themselves have
given a discretionary power to those who were to come after them, that
might be exercised in a manner entirely destructive of those rights they
were struggling to guard. If further evidence be necessary to prove that
the line to be drawn due east from the Mississippi through the southern
extreme of Lake Michigan, was not intended to be a fixed and unchangeable boundary, under any circumstances, the committee think such testimony can be readily collected from the various acts and proceedings of the
parties to that compact, which will now be considered.
At the commencement of the war of our revolution, Virginia claimed all
that vast extent of territory which lies east of the Mississippi, west of Maryland and Pennsylvania, and north of the north boundaries of Tennessee
and North Carolina.
New York, Massachusetts, and Connecticut, each, claimed, also, a portion of the same territory lying northwest of the river Ohio. For our
present purpose, it is deemed to be unnecessary to inquire into the validity
-of these claims; the several charters, however, in which they have had




6                     [ Rep. No. 380. ]
their origin, will be found by the curious in the Appendix (B); nor shall
we comment on the deeds of cession from the States of New York, Massachusetts, or Connecticut, (Appendix C 5, 7, 8,) neither of these deeds having
relation to the compact contained in the fifth article of the ordinance. It
will be necessary to advert to the acts and deeds of cession of Virginia alone,
and the proceedings of Congress with regard to them. (See Appendix C.)
After that confederacy was partly formed, to whose enlightened and
patriotic measures every lover of our institutions oft reverts with pride
and pleasure, the continental Congress became satisfied, that the continued
possession, by Virginia, of that immense country which has been indicated,
would endanger the union of the several communities then combined to
resist the tyranny and oppression of a foreign power. It was foreseen, too,
that in the event of a successful issue to the war, no common Government
could be established, by those who had confederated to produce that result;
no perpetual union could be fbrmed among thirteen political communities,.
if one of them was to have jurisdiction over a territory competent to sustain a population equal to that of the other twelve combined. Soon, therefore, after the treaty with France had brightened the hopes of our fathers,
and rendered iP highly probable that the war of the revolution would
eventuate in the foundation of an independent Government on this side of'
the Atlantic, the anxiety of the continental Congress increased, to adjust,
amicably, all conflicting titles to the wild lands of the west. For that purpose, on the 6th of September, 1780, a resolution was passed; earnestly recommending to those States who had claims to. the western country, to pass
such laws, and give their delegates in Congress such powers, as would
effectually remove the only obstacle to a final ratification of the articles of
confederation. On the 2d of January, 1781, Virginia responded to this request, and passed a law, offering to cede all right and title to the lands
northwest of the Ohio, with certain conditions; to two of which alone it
will be profitable to advert. One of these conditions was, "that the territory
so ceded, shall be laid out and formed into States, containing a suitable extent of territory, not less than one hundred, nor more than one hundred
and fifty miles square:" and the other was, "that all the remaining territory of Virginia, between the Atlantic ocean and the southeast side of the
river Ohio, and the Maryland, Pennsylvania, and North Carolina boundaries, shall be guarantied to the Commonwealth of Virginia, by the United
States." To the first of these propositions Congress acceded readily; for it
conformed to a resolution which they had adopted, on the 10th of October,
1780, when it was "resolved, that the unappropriated lands, that may be
ceded, or relinquished, to the United States, by any particular State, shall
be disposed of for the common benefit of the United States, and be settled,
and formed into distinct republican States, which shall become members of
the Federal Union, and have the samle rights of sovereignty, freedom and
independence, as the other States; that' each State, which shall be so formed,
shall contain a suitable extent of territory, not less than one hundred nor
more than one hundred and fifty miles square."
The other proposition for a. guaranty was decidedly' rejected. because
Congress wished "to avoid all discussion of the territorial rights of individual States." Nctwithstandingr this refusal to give the guaranty demanded, Virginia, On the 1st of March, 1784, ceded to the United States
all right and title which that Commonwealth had to the territory lying
northwest of the river Ohio, with conditions: one of which was that it




[ Rep. No. 380. ]                          7
should be formed into States, as proposed in the resolution of Congitbl ot
1780. At the time this resolution was adopted, it has been shown that
Congress was very ill intormed as to the geography of the country for
which they were legislating. But, shortly after the close of the war, enterprising individuals traversed the whole interior of the territory which had
been ceded to the United States; and companies were formed to explore
and settle the fertile and beautiful lands beyond the Ohio. From these
adventurers, Congress, at an early day, had collected information sufficient
to show that the promise, which had been given to the States, by the resolution of October, 1780, imposed inconvenient restrictions. Accordingly,
on the 7th of July, 1786, they again took into consideration the resolution
of 1780, and the conditions in the deeds of cession, which related to the
boundaries of the States that were to be formed northwest of the Ohio.
As these proceedings on that occasion are calculated to aid us, essentially,
in ascertaining the true intent and meaning of the fifth article of the ordinance of 1787, on which is based the claim of Michigan, it will not be
be amiss to state, concisely, their purport. The proceedings, at large, will
be found in the appendix. (C No. 10.)
It was proposed to apply to Virginia to change its deed of cession, so as
to empower Congress to make such division into States, to be not less than
two, nor more than five in number, of the ceded lands, as the situation of
the country and future circumstances might require. In lieu of this proposition, Mr. Grayson, of Virginia, seconded by a colleague, proposed, that
it be recommended to the State of Virginia " so to alter its acts of cession,
as that the States in the Western Territory may be bounded as follows:
There shall be three States between the Ohio aid a line running due east
from the Mississippi to the eastern boundary of the United States, so as to
touch the most southern part of Lake Michigan. The State lying on the
Mississippi shall be separated from the middle State by a line running
due north from the western side of the Wabash river, till it intersects the
said east line: the middle State shall be separated from the others by the
aforesaid line, and a line running also due north from the the western side
of the mouth of the Big Miami, till the intersection thereof with the said
east line; and the other State shall be divided from the middle State by the
said line, the said east line, Lake Erie, the bounds of Pennsylvania, the
other original States and Ohio. There shall be a State between the said
east line, Lake Michigan, Lake Huron, and the straits of Michilimackinac; and another between the said east line, the Lakes Michigan and
Superior, and the boundary line of the United States and the river Mississippi."
For this proposition all the delegates from Virginia voted. These proceedings are worthy of notice. They present to view the prominent objects
of one of the parties to the compact ordained in the ordinance of '87.
And what are they? Mr. Grayson and his colleagues asked Congress to
declare:
1st. That there shall be three States between the Ohio and a line, drawn
due east from the Mississippi, to the boundary of the United States, so as
to touch the most southern part of Lake Michigan.
2d. That there shall be a fourth State between the said east line, Lake
Michigan, Lake Huron, and the streights of Michilimackinac.
3d. That there shall be a fifth State between the said east line, the Lakes
Michigan and Superior; and the boundary line of the United States, and
the river Mississippi.




8~               [~E Rep. No. 880. ]
Here then we have displayed, distinctly, the wishes of the Representatives
of one of the parties to the ordinance. If they had been acceeded to by
the other party to that compact, the east and west line, drawn through the
southerly bend of Lake Michigan, would have been made a permanent and
imm6vable boundary of the three States on the Ohio, and the same line
with Lakes Michigan, Huron, and the straits of Michilimackinac, would
have been fixed boundaries for a State to be formed in the peninsula which
they surround.
But the reverse of this is true. The continental Congress rejected the
proposition of Mr. Grayson, and instead of it, having modified the original
resolution which had been offered, they adopted it in the following form:
"Resolved, That it be, and is hereby, recommended to the Legislature of
Virginia, to take into consideration their act of cession, and revise the same,
so as to empower the United States in Congress assembled, to make
such a division of the Territory of the United States, lying northerly and
westerly of the river Ohio, into distinct republican States, not more than
five nor less than three, as the situation of that country and future circumstances may require."
Before Virginia gave assent to this resolution, Congress, on the 13th July,
1787, passed that commended and commendable ordinance, and on the 30th
December, 1788, the fifth article of the same was ratified by Virginia, there
being no other part thereof to which the assent of this State was required
to give it validity. This article has already been given at large. It will be
perceived that there is a remarkable similitude between it and the proposition
which had been submitted by Mr. Grayson, and, on that account, it is reasonable to suppose that it was designed to gratify, as far as Congress could do so,
the wishes of Virginia, supposed to have been indicated by its Representatives.
But there are also marked differences which distinguish the two instruments: Mr. Grayson's resolutions proposed to form three States between the
Ohio and a line runing due east from the Mississippi to the boundary of the
United States, so as to touch the most southern part of Lake Michigan, and
two States north of that line; one to be bounded by the said east line, Lakes
Michigan and Huron, and the straits of Michilimackinack; and the other
by Lakes Michigan and Huron, the boundary line of the United States, and
the Mississippi. If it had been the purpose of the Congress of 1787, to
make an east and west line, drawn through the southern extreme of Lake
'Michigan, a fixed northern boundary for the three States which were to be
formed on the Ohio, and to form another State in the peninsula of Michigan, is it to be believed that they would not have adopted the language of
Mr. Grayson's resolution, which was before them, on those points, as they
had borrowed the language of the same resolution in describing the boundaries of the three States, whose eastern, southern, and western boundaries,
it was their intention to make immutable? Many of the members of the
Congress of eighty-seven had been members of the Congress of eighty-six.
It is fair to presume they knew well the reasons which had influenced Mr.
Grayson to make his motion, and the considerations which had induced its
rejection. Fortunately, we are not dependent, entirely, on conjecture to
learn some of the motives which, on that occasion, guided the counsels of
Congress. They are to be found recorded on its journal. In the preamble
to the resolution of July, 1786, it is declared that " ip fixing the limits and
dimensions of the new States? due attention ought to be paid to natural




t Rep. No. 380. ]


9


boundaries, and a variety of circumstances, which will be pointed out by
a more perfect knowledge of the country, so as to provide for the future
growth and prosperity of each State." Now there is no evidence to show
that additional information had been obtained by Congress, after this preamble was adopted, prior to the passage of the ordinance. Indeed, we are
well apprised, that, long after the latter period, no map of the northwest
Territory, more accurate than Mitchell's, had been published. Lewis's map,
dated in 1815, and Vance's map, in 1818, each exhibit the errors which are
so conspicuous in the face of the map first mentioned., The lights of
science and civilization, had not broken'through the clouds of dark uncertainty which then overshadowed the far west. The latitude even of the
southern extreme of Lake Michigan, had not been clearly ascertained.
Neither had the resources and extent of the territory lying north of an east
and west line, drawn through that point, been explored. Congress, under
such circumstances, would have acted unwisely, if they had fixed, irrevocably, any one of the boundary lines of a State, or States, to be' formed in
a country whic had never been traversed by civilized man. They ought
to have adhered, and it is believed thev did adhere. to their original purpose. They fixed the east, west, and south boundary lines of three
States, and postponed a decision as to the limits, dimensions, or even
numbers of those to be formed, until a variety of circumstances, which
a more perfect knowledge of the country would point out, would
enable tlhem, or their successors, to provide for the futlre growth  of each
State, as well as the accommodation and security of the first adventurers.
Hence they adopted the language of Mr. Grayson's resolution, in part,
and rejected it in part. They knew the extent of the country on the
Ohio. and could, therefore, accede to his proposal, so far as to establish
the south, east, and west boundaries of three States, to be organized
on the Ohio border. But they refused to make, as he had expressly
proposed, a line drawn due east from the Mississippi, so as to touch
the southern extreme of Lakea Michigan, a limitation beyond which these
States should not extend. And Congress refused, also, to form the Michigan peninsula into a State, as Mr. Grayson had proposed, to be admitted
into the Union whenever there should be sixty thousand free inhabitants
therein. Instead of this they adopted the fifth article of the ordinance,
which declares that the three States on the Ohio shall extend north to the
territorial line between the United States and Canada.'" Provided, however, and it is farther understood and declared, that the boundaries of these
hree States shall be subject so far to be altered,, that if Congress shall hereafter find it to be expedient, they shall have authority to torm one or two
States, in that part of the said Territory which lies north of an east and west
line drawn through the southern bend or extreme of Lake Michigan."
But, it is said, although the ordinance fairly construed, does not make
the east and west line a limit, beyond which the three States on the
Ohio shall not be extended, unless they are stretched north to the Canada
line,' yet, by the passage of the act of 1805, Congress, the trustee under
the ordinance, pledged the public faith, that no one of the boundaries
of Michigan should be changed without the consent of the inhabitants
residino therein. In support of this position, the act of 1805, it is insisted,
must be construed to have been a declaration, that there should be two
States formed north of the east and west line, and that one of them should
be of the precise limits and dimensions of Michigan. This interpretation,




10                    [ Rep. No. 380. ]
must be confessed, is not supported by the language of the law. It purports to be an act to constitute a separate Territory for temporary purposes,
and not to form a State; neither is it reasonable to suppose that Congress,
in 1805, designed to exercise the discretion reposed in them by the ordinance, as to the division of the country north of the east and west line, and
to fix the boundaries of a future State. It has already been shown that
Mitchell's map was of high authority in 1784. That map makes of the
peninsula of Michigan an area of 23,617 square miles. It has been shown
also that the error committed by Mitchell, as to the latitude of Lake Michigan was copied into all the maps of the United States, published prior to
1818. We have, moreover, indubitable proof that Congress, in 1802, supposed the southern extreme of Lake Michigan to be near 42~ 20' north latitude. In the second section of the act to enable the people of Ohio to form
a State Government, it is declared that the north boundary of the State to
be formed shall be a line running due east from the southern extreme of
Lake Michigan until it shall 'intersect Lake Erie, or the territorial line.
(Ap. D 3.) At that day the latitude of Lake Erie was as well known as it
is now; and unless we suppose that the point at which the above named
boundary was to commence was north of.the 42d degree of north latitude,
the last words of the above quotation would have been entirely unnecessary.
A line drawn due east from the southern extreme of Lake Michigan,
known now to be at 31~ 37' and 7", could not touch the Canada line, until
after it had first touched Lake Erie, and, of course, it would have been
supererogatory to say that such a line should be extended " until it shall intersect Lake Erie or the territorial line. With a knowledge of these facts
can we rightly determine that the Congress of 1805 intended to make immutable the boundaries of Michigan l If to the 23,617 square miles, supposed, in 1805, to be the area of the peninsula, be added 1,000 square miles
on account of the territory north of Michilimakinack, we shall have less
than 25,000 square miles as the area of the country which, it is insisted,
that the Congress of 1805, intended to form into one State, leaving all the
residue of the territory north of the east and west line, supposed then to be
155,652 square miles, to be formed into one permanent political commullity, and admitted into the Union. When such an unequal division of the
territory in question, and such an unequitable execution of a trust; deliberately conferred and accepted, must be imputed to the Congress of 1805,
if we adopt the interpretation of the law of that date, contended for by the
people of Michigan, assuredly there is good cause to doubt the accuracy of
thus reasoning. With due deference, it appears to be very clear, that their
erroneous conclusions are reached because their premises are totally wrong.
They have blended things distinctly dissimilar. They insist that certain
language in the ordinance is applicable to their condition, which was manifestly intended for other communities. That instrument declares "whenever any of the said States shall have sixty thousand free inhabitants
therein, such State shall be admitted, by its delegates, into the Congress of
the United States, on an equal footing with the original States, in all respects whatever." And the people of Michigan insist that they have a
vested right to form a State government and come into the Union, because
the law of 1805 guarantied to tfe people of Michigan Territory the enjoyment of all and singular the rights, privileges and advantage, secured by
the ordinance to the people of the Northwest Territory.  The words last
above quoted, it will be observed have reference, expressly, to the "' inha



[ Rep. No. 380. ]


11


bitants of States," and to them alone. They cannot with any propriety be
interpreted so as to apply to the inhabitants of a district, territory, or other
division of the ceded lands which Congress is empowered to make for "the
purposes of temporary government."  That this language has never been
so construed, can be proved clearly by reference to various acts. of Congress. And although these interpretations are not obligatory on the House
of Representatives, like precedents in courts of justice, still they are entitled to respectful consideration, because they furnish indubitable proof, as
to the meaning given to certain words, by those who incorporated them in
our laws. The first act to be animadverted on, is that by which the Indiana Territory was established. (Appendix, D 1.) In that act, instead
of the word district, the word territory is used as a synonyme. By the
terms of that law, all that terrtory which now forms Illinois, and all that
country known by the euphonious name of Ouisconsin, and all that part
of Michigan which lies west of the west boundary of Ohio, extended
north to the Canada line, was included in the Indiana Territory. And by
the third section of the act of 1802, (App. D 2) all the residue of the
Territory of Michigan, which has been formed into a State, was attached
to, and made a part of the Indiana Territory. And in the acts of 1800
and 1802, constituting this Indiana Territory, it is declared, that the inhabitants therein "shall be entitled to, and enjoy, all and singular, the rights,
privileges, and advantages, granted and secured to the peop.le," of the
Northwest Territory, by the ordinance. These words, in the act of 1800,
are copied literally into the act of 1805.
Let us now see what construction has been given to them, by the persons who incorporated them into those statutes.
When the people of Indiana were authorized to form a State constitution, neither the people of Ouisconsin, nor the people of that part of Michigan not included in the State then to be formed, were consulted as to the
organization of the Government about to be established, or the extent and
limits of its jurisdiction. There does not appear to have been entertained,
at that day, the most vague supposition that Congress had, by placing
Michigan and ( )uisconsin under'a temporary Territorial Government, decided
that there ought not to be formed one or more States north of the east and
west line. Neither have we any evidence that it was contended, that the
guaranty then given to the people of Michigan or of Onisconsin, of certain
rights and privilegs, included a right to assist in the formation of a State
to be admitted into the Union.
Opinions, the very reverse of these, were then universally prevalent.
No one doubted either the validity or justice of the law of 1809, by which
Ouisconsin was annexed to the Territory of Illinois: (App. D 4.) or of
the lawv of 1805, establishing the Territory of Michigan. And yet, if the
construction given by the people of Michigan to the second section of the
act of 1805 be correct, the people of that Territory, and the inhabitants of
Ouisconsin, had, under the acts of 1800, and 1802, a vested, indefeasable
right to participate, of their own accord, in the formation of a State
Government for Indiana Territory, whenever there were therein sixty
thousand free inhabitants. And the act of 1816, (App. D 5.) authorizing
a portion of the people of Indiana to form a State constitution, consulting
them, and them alone, as to the extent of its boundaries, was, and is, an
invalid and unjust proceeding. And as a corollary from this, the act of
1816, which makes a line drawn through a point ten miles north of the




12


[ Rep. No. 380. ]


-southern extreme of Lake Michigan, the north boundary of Indiana, is
vbid, and of no effect.
The committee think decidedly otherwise. They believe that the true
interpretation of the words ref'rred to, in the second' section of the
act of 1805, has heretofore been given by Congress; that they must be
construed to mean, that the rights granted by them  are of a character, not
inconsistent with the avowed purpose of the law in which they are used.
And as that law is expressly declared to be "for temporary purposes," no
part of it can be rightly interpreted to secure advantages of perpetual,duration. Many other acts of Congress, in support of this conclusion,
could be adverted to. One only will be adduced.
By an act approved April 18th, 1818, (App. D 6.) the inhabitants of
Illinois were enabled to form a State Government. In the seventh section
of that. law, it is enacted that all the territory north of Illinois and Indiana,
and not previously included in Michigan, shall be attached to, and made
part of, that Territory; and it is declared, that all "the inhabitants therein,
shall be entitled to the same privileges and immunities, and subject to the
same rules and regulations, in all respects, with the other citizens of the
Michigan Territory."
This enlargement of the limits of Michigan, it may properly be said,
has been assented to by its inhabitants: because their constituted authorities, their Governor, judges and Legislative Councils, have, since the passage
of the law of 1818, exercised jurisdiction throughout the whole territory
east of the Mississippi, west of the Detroit river, and north of the three
States bounded on the Ohio. Why then have not the inhabitants west of
Lake Michigan been permitted to participate in the formation of the constitution which has been offered for the approval of Congress? Why may
not the act of 1818 be construed to be a determination, on the part of the
United States, that there shall be but one State north of the east and west
line? By what authority have the inhabitants, west of Lake Michigan
been deprived of all advantages of government?
It is true, Congress, in the act enlarging the boundaries of Michigan,
has reserved a right to form, hereafter, a State west of Lake Michigan; and it
may be said that the rights and privileges which have been granted to the
people of Ouisconsin, are to be enjoyed subject to this reservation. But
tben it is equally true, that Congress, in the act of 1,^2, passed prior to the
creation of the Territory of Michigan, has also reserved power, with the
consent of Ohio, to annex to that State all that part of the territory in
which the State of Michigan has been formed, that lies east of a line
drawn due north from the mouth of the Miami to the Canada line.
Neither one of these reserved powers has yet,been, nor is it probable,
that the one last mentioned, will ever be exerted. But until they are surrendered, they cannot be abrogated by the Legislative Council of Michigan.
That portion of the inhabitants who have undertaken to form a State
Government for Michigan, have not a right to throw off this Territorial
Government, more perfect than that possessed by all the inhabitants of
Michigan Territory, included within the boundaries as enlarged by the.act of 1818.
If the language in which Congress, in the second section of the act ol
1805, has granted to the people east of Lake Michigan certain rights anc
privileges, is to be construed so as to abrogate the provisions of the lam
of 1802, because it' confers powers not to be exerted in harmony therewith




[ Rep. No. 380. ]


13;


then, by the same rule of interpretation, words of like import to that
language, used in the seventh section of the act of April, 1818, must
confer on the inhabitants west of the same lake, authority to unite in the
formation of a State Government, notwithstanding the conditions which
accompanied the annexation of their territory to that which had been
previously established.
Concluding then that Congress has neither exerted nor delegated to
the Territorial Government of Michigan, its power to form one or two,
more States northwest of the Ohio river. we proceed to inquire respectfully
how the trust for that purpose created, ought to be executed so as to ensure
a full development of all the resources of the fertile country to be affected,
and be consistent with the obligations and duties of the United States; tothe States of Ohio and Indiana; to the inhabitants of Michigan; and to
the States of the Union.
Congress has authority under the ordinance to form but five States in
the Northwest Territory: three of these have already been constituted,
having together an area of 139,084 square miles. There is in Ohio, (exclusive of the disputed ground,) 40,320; in Indiana, south of the east and
west line, 42,054; and in Illinois, 55,610 square miles.
The Territory of Michigan as at present organized, which includes
Ouisconsin, has an area of more than 160,000 square miles; the surfaces
of the lakes being excluded in each calculation. In the proposed State of
Michigan, there are 45,550 square miles, including the disputed groundembraced in the boundaries of Indiana, and that contended for by Ohio.
Of the disputed ground, 1,100 square miles would remain in Indiana, and.
526 be annexed to Ohio, if their respective claims are satisfied; and in
that event, the area of the first named State would be 43,154, and that of
Ohio 40,846; deducting from Michigan all the land contended for by Indiana and Ohio, and its superficial extent will be 43,924 square miles, so
that with or without jurisdiction over any part of the territory in disputes
Michigan has, in the limits recognized in its constitution, an area, exclusive
of the surfaces of lakes, greater than that of either of the two States referred to. And after subtracting the area of Michigan from that of the
whole territory to be formed into two States, there will be more than
115,000 square miles, to be formed into one State hereafter, because the
ordinance ought not to be disregarded. Apart then from the duty imposed
on Congress to guard the just rights of Indiana, and to adjust the controversy between Michigan and Ohio, it seems to be obvious, that Michigan
ought not to be admitted into the Union with the boundaries claimed in
the constitution which has been submitted to Congress.
If that should be done, our successors will be compelled at a future day,
to admit into the Union, a State nearly equal in extent to any other two
States of the confederacy. But the committee believe it is the solemn duty
of Congress to settle now and forever, if possible, that most disagreeable
controversy between Michigan and the adjacent States, which has already
disturbed the quiet of the Union, and inspired the enemies of our excellent
institutions with a hope, that a violent conflict between the contending
parties will demonstrate, that an armed force alone can arbitrate the differences which will unavoidably arise between the States of the Union.
As to the origin and present aspect of the controversy between Ohio and
Michigan, it is unnecessary to say much. All the documents necessary to
illustrate it are familiar to the House. Such of them as will be adverted




14                   [ Rep. No. 380. ]
to, in the subsequent parts of this report, are to be found in the appendix
marked E and F.
This difficulty has its origin in the misapprehensions which have existed
as to the true latitude of the southern extreme of Lake Michigan.
In the law authorizing the people of Ohio to form a State Government,
it is declared, that the State to be formed, shall be bounded "on the north
by an east and west line drawn to the southerly extreme of Lake Michigan,
running east, after intersecting the due north line aforesaid, from the mouth
of the Great Miami, until it shall intersect Lake Erie or the territorial
line, and thence with the same through Lake Erie to the Pennsylvania
line." App. D 2.
It has aleady been shown, that this law was passed when it was supposed that Lake Michigan did not extend further south than 42~ 20' of north
latitude. Before, however, the convention which assembled to form a constitution for Ohio had adjourned, information was received by the members
of it, thatled them to doubt whether the north boundary proposed by Congress
would intersect Lake Erie north of the mouth of the Miami river. If it would
not, it was manifest that a large proportion of the inhabitants of that State
who were to reside on the tributary streams of that river, would be very
seriously incommoded. To guard against this, the convention refused to
ratify, unconditionally, the boundary proposed by the United States, but
declared in the constitution to be submitted to Congress for approval, " if
the southerly bend or extreme of Lake Michigan should extend so far south
that a line drawn due east from it should not intersect Lake Erie, or
if it should intersect the said Lake Erie east of the mouth of the
Miami river of the Lake, then and in that case, with the assent of the
Congress of the United States, the northern boundary of this State
shall be established by, and extended to, a direct line running from the
southern extremity of Lake Michigan to the most northerly cape of the
Miami bay, after intersecting the due north line from the mouth of the
Great Miami river as aforesaid, thence northeast to the territorial line, and
by the said territorial line to the Pennsylvania line." The constitution,
with this proviso, was submitted to Congress for approval, when the State
applied to be admitted into the Union, and the proviso was not directly rejected or ratified.
At that period the land lying between the line proposed by Congress and
that asked for by Ohio, together with a large proportion of the territory adjacent thereto, was occupied by the Indians, as it continued to be for many
years thereafter. In consequence in part of this, no means were adopted
to ascertain the latitude of the point at which the north boundary line of Ohio
was to commence. In the interim the Territory of Michigan was established,
and a line (without being surveyed or marked) drawn due east from the
southern extreme of Lake Michigan, was declared to be its south boundary.
After being repeatedly urged by Ohio, through its Representatives, to
give a final answer to the proposition contained in the proviso to the constitution of that State, Congress, on the 4th of January, 1812, appointed a
committee to inquire into the expediency of confirming the northern boundary of Ohio, as designated by the constitution of that State. And on the
20th of May of the same year, a law passed directing the surveyor general
to have surveyed, marked, and designated, the northern boundary of Ohio,
agreeably to the line established by the act of 1802, and to have made a
plat or plan of so much of the boundary line as runs from the southerly




[ Rep. No. 380. ]


extreme of Lake Michigan to Lake Erie, particularly noting the place
where the said line intersects the margin of said lake, and to return the
same when made to Congress." App. E 5.
Under this law, two lines commencing at the southern extreme of Lake
Michigan were surveyed and marked. One by Harris, which accords with
the proviso in the Ohio constitution, and the other by Fulton, which was
drawn due east from the point of commencement to Lake Erie.
In consequence of the intervention of war, Harris's line was not run until
1817, and on the 29th of January, 1818, the General Assembly of Ohio
declared that they would consider Harris's line as the northern boundary in
part of the State. But Congress did not confirm either Harris's or Fulton's
survey.
The question still remained open until it was known that the people of
Michigan were about to apply to Congress for permission to form a State
Government. On the 14th of December, 1831, the Legislature of Ohio
addressed a memorial to Congress, praying that measures might be adopted
for the speedy and permanent establishment of the dividinog line between
that State and the Territory of Michigan: and on the 14th July, of the same
year, a law passed, directing the President of the United States to cause to;e ascertained, by accurate observation, the latitude and longitude of the
southerly extreme of Lake Michigan; the latitude and longitude of the
most northerly cape of the Miami bay; also, the point at which a direct line,
drawn due east from the southerly extreme of Lake Michigan, will intersect the Maumee river and bay.
The execution of this law was confided to Captain Talcott, who has
reported to the Chief Engineer that " the most southern extreme of Lake
Michigan is in latitude forty-one degrees, thirty-seven minutes, seven seconds
north, and that the north cape of Mautre bay isin latitude forty-one degrees,
forty-four minutes, seven seconds, north.
These details, although minute and tedious, it has been supposed
ought to be given, so as to present clearly the nature and origin of the
claim of Ohio. Much matter concerning it has been omitted, that may be
found in the discussions to which it has given origin. It has been passed by,
because it is supposed to have no immediate relevancy to the issue to be
tried, and to be calculated only to incumber the memory and distract the
judgment.
It is, for instance, unnecessary to inquire, whether either or both of the
parties claiming the land lying between the " Harris's" and "Fulton's" line,
are now, or have been, exercising jurisdiction over the same? Whether
any one of the representatives of Ohio or Michigan has signified opinions
for or against the validity of their respective claims. It suffices to know,
that the United States have not decided that the proposition made by Ohio,
in the proviso to its constitution, is unreasonable and ought not to be acceded to; and that the State of Ohio has not agreed to accept of " Fulton's'
line as a part of its north boundary; and, also, that those parties have competent authority, at this time, to fix that boundary.
It is certain that the Congress of 1787 was mistaken as to the true location of Lake Michigan. Proof of that has been already exhibited. If
additional evidence is needed, it may be found in the fact, that a due east
line, drawn from that point, would pass through part of Lake Erie, and
then separate from the adjacent territory about three thousand square
miles of land in the northeast corner of Ohio, before it reached the line of




6                    [ Rep. No     580. ]
Pennsylvania. No one will suppose that it was in contemplation to form a
State, in part of the peninsula of Michigan, and connect it with these three
thousand square miles, notwithstanding the intervention of the broad surface of nearly the whole of the lake.
Testimony has likewise been adverted to, to show that it was supposed
by Congress and the people of Ohio, in 1802, that the southern extreme of
Lake Mchigian lay so far north, that a due east line drawn therefrom might
touch the Canada line without first passing through Lake Erie. When,
then, it was proposed to form a State in the eastern division of the Northwest
Territory, and to make an east line, drawn from the southern extreme of
Lake Michigan, in part its northern boundary, the people of Ohio, to whom
the proposition was submitted, and the United States, each supposed that
such a line would leave within the limits of Ohio not only the Maumee
bay, but also the river Raisin and many of its tributary streams. The preposition submitted, therefore, was tantamount to one seeking to make the
north boundary of Ohio, in part, by a line drawn due east from a point on
Lake Michigan forty-two degrees twenty minutes north latitude.
If the boundary which was proposed had been explicitly agreed to by the
Ohio convention expressly, while the geographical error in which it had its
origin still existed, it may be questioned whether it would become the
United States to take advantage of a manifest mistake, and insist on an adherence to the strict letter ofthe law. But when the representatives of the
people of Ohio, in convention, most cautiously endeavored to guard against
the consequences which might grow out of this error, it does not seem to
be equitable that the mouth of one of its most important rivers, draining, as it does, some of its most productive lands, should be placed under
the jurisdiction of a neighboring community. Let it be remembered, too,
that the people of the eastern divisionpf the Northwest Territory, when
was proposed to them to form a State, had a contingentvested right, under the
ordinance, to form into a State all that part of the territory which lies east
of a line drawn due north from the mouth of the Miami to the Canada
line, whenever the number of free inhabitants therein were sixty thousand.
And it will be perceived, that when they were requested to accept of the
oft named east line as a north boundary, they were asked to surrender a
jurisdiction that might have become valuable and highly important.
The desire of Ohio to have jurisdiction over the mouth of the Maumee
was, it is believed, supposed to be reasonable by Congress in 1812, and in
1832, on which occasion alone the United States have indicated an opinion
on the subject, and we see no good cause why the present Congress should
conclude now to the contrary.
In the act of 1812, the surveyor general was directed to note particularly
the point where an east line, drawn from the southerly extreme of Lake
Michigan, would intersect Lake Eric, and to return a plot showing the same
to Congress.
In 1832, the President was directed to cause to be ascertained, by astronomical observations, the latitude and longitude of the southerly extreme
of Lake Michigan, and of the point where a line drawn due east therefrom
would intersect Maumee river, and, also, of the north cape of the Maumee
hay, and to have the result of such observations returned to the proper
deprtnent.'
T1hese minute directions, to be found in the laws referred to, manifestly
indickte an opinion on the part of those who passed them, that the claims




r Rep. No. 380. ]


17


-of Ohio were entitled to favorable consideration, and had not been finally
disposed of.
If Fulton's line had been, or was to be, established, it would certainly
have been a work uncalled for and unprofitable, to require that plots of the
surveys authorized under the laws last referred to, be laid before Congress.
And it would have been equally unnecessary to make observations as to
thleatitude of the north cape of the Maumee bay, unless it was proposed
to make it a point in the north boundary of Ohio.
The considerations in favor of the expediency of giving to Ohio exclusive jurisdiction over the mouth of the Maumee river, are so obvious that
the report will not be much further extended to dilate on them.
Ohio has now in progress to completion, a grand canal, to be more than
two hundred and seventy-five miles long, commencing at the mouth of the
Miami of the Ohio, and destined to terminate, after passing the ravines of
the two rivers, at the mouth of the Maumee on Lake Erie. On this work
more than one million of dollars have been already expended, and to finish
it, two millions of dollars more will be required. Wrhen done, it will be the
channel through which a very large proportion of the rich products of the
State will pass to the eastern and northern markets.
At or near the Maumee bay, eventually, must rise a large city, built in a
great degree by those persons wlho will be attracted to that spot by the
desire to profit from the trade destined there to concentrate by the improvements of Ohio.
If Fulton's line be established, tils city must be exclusively within the
jurisdiction of Michligan. This will be apparent on reference to the report
of Mr. J. T. Stoddard, appended hereto. (E 16.)
Not one of the tributary streams of the Maumee rise north of Harris's
line, or would, if that line be established as the south boundary of Michigani, pass through any portion of the territory of the State to be there
formied.
Immediately north of the north cape of 1Maumee bay, the people of
Michigan have access to Lake Erie. At the moutl of the river Raisin, a
harbor is being constructed by the United States, abundantly adequate to
accmll.moctie;aii the vessels necessary to carry to market all the products
of tha-t part of Michligan which lies immediately north of Harris's line,
and ro fr southll of I)etroit that we may suppose they would not be disposed
of at it t t cit.
Thlee being the facts, with what propriety could Congress surrender to
Michigan jurisdiction over the nmouth of the Maumee?  Would it be
proper to ma.rie one State foster and cherish a city, and give another all the
resources to be derived from its wealth and numbers?
Tlnawt we may be able to appreciate the plilosophy of the principles contended for against the boon which Ohio asks: let us suppose they had been
applied to other States.
When Congress had authority to fix the limits of Alabama and
Mississippi, would it have done justly if jurisdiction had been given to
Mississippi over tle mouth of the Mobile? And if Congress had authority
to form States on the Atlantic border, would it be right to give jurisdiction
to New Jersey over the mouth of the Hudson, and leave the great State of
New York to stretch every nerve, and strain every tendon. to pour into the.city of another State countless wealth for ages? Would it be just to give
Maryland control over one or all the harbors on the James river, and corn2




18                   [ Rep. No. 380. ]
pel the citizens of Virginia, resident on its tributary streams, to enrich by
their labors exclusively another community? And it may be added, is it
equitable for the United States to retain under its jurisdiction Georgetown
and Alexandria, and impose on the two adjacent States the duty of making
those improvements by which alone these cities can be revived and made
to flourish?
These questions cannot but be answered in the negative, and those who
so answer'cannot but concede, that it is both lawful and equitable to annex
to Ohio the disputed ground.
Believing that the ordinance of 13th of July, 1787, did not make a line
drawn due east from the Mississippi to the territorial line, so as to touch the
southern extreme of Lake Michigan, a fixed and unchangeable boundary,
north of which the three States bounded south by the Ohio, could not be
extended, unless the whole of the Northwest Territory was subjected to their
jurisdiction:
That Congress had full power to establish, with the consent of the inhabitants therein, the lines which have been made the northern boundaries of
the respective States of Indiana and Illinois; and can now; without conflicting with the requirements of the ordinance, annex to the State of Ohio
the territory lying south of Harris's line:
That the act of 11th of January, 1805, establishing the Territory of
Michigan was not a declaration, on the part of the United States, that there
should be formed two States north of an east and west line drawn through
the southern extreme of Lake Michigan; one of which should have jurisdiction over the country included in the limits claimed in the coIistitutiol,
which has been submitted to Congress by the people of Michigan:
That the act of 1805, did not secure to the inhabitants residing within
the boundaries of the Territory thereby constituted, whenever they became
sixty thousand in number, a right to form a State, to be admitted into the
Union on an equal footing with the original States:
That the people of Michigan have, without due authority, formed a State
Government, but nevertheless, that Congress has power to waive any objection whicll might, on that account, be entertained, to the ratification of the
constitution which they have adopted, and to admit their Senators and
Representatives to take their seats in the Congress of the United States:
That it is expedient to establish the north boundary of Ohio, by a direct
line drawn from the southern extreme of Lake Michigan, after intersecting
the eastern boundary of Indiana, to the most northerly cape of the Maumee
bay; thence, direct to the territorial line in Lake Erie, and by the said
territorial line to the Pennsylvania line:
That the period has arrived, when Congress ought to exert, in part, a
contingent power conferred by the ordinance, and to form a State north of
this east line, of dimensions, and capacity to accommodate a population as
nearly equal to the territory which may hereafter be formed into another
State, as circumstances will permit: the committee have the honor to report
a bill enforcing these opinions.
The committee have had also under consideration, certain propositions
submitted to Congress, by the convention which formed the Constitution of
Michigan, touching the public lands within the limits of the State to be
constituted, and will, at an early day, make report on that subject.
In conclusion, the committee respectfully invite the attention of the
House to the documents which are appended to the message of the Presi



[ Rep. No. 380. ]                        19
dent, above referred to: they show that there is a grave necessity bfr a
speedy action on the part of Congress, with regard to that most disturbing
controversy, the origin and causes of which it is the purpose of this report
to develope. Should the present session of Congress be closed before a
final and decisive action on the conflicting claims of Ohio and Michigan,
the disputed ground may be, to the reproach of the age, and our free institutions, stained with the blood of political brethren spilled in civil broil.
To guard effectually against so painful a catastrophe, is the solemn duty
of all who desire to perpetuate our Union, to multiply republican Governments, who desire to realize the bright hopes of the living, and of all who
venerate the virtues of our patriotic dead.




20


[ Rep. No. 380. ]


APPENDIX.
A No. 1.
AN ACT to divide the Indiana Territory into two separate Governments.
SECTION 1. Be it enacted by the Senate and House of Representatires
of the United States of America in Congress assembled, That, from and
after the 30th day of June next, all that part of the Indiana Territory whichl
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.
SECTION 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 on the 7th day of August, 1789, 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.
SECTION 3. Atnd be it further etacted, 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 Senmte, shall, respectively, exercise the same powers, perform the same duties;, and receive
for their services the same compensation, 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.
SECTION 4. And be it further enacted, That nothing in this act contained shall t;e 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 thle aforesaid
30th day of June next.
SECTION 5. And be it further enacted, That all suits, process, and proceedings, which, on the 30th 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 30th day
of June next, shall be pending in the general court of the Indiana Territory,
in c( nsequence 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 tlhe
same, be proceeded on, and judgments and decrees rendered thereon, in the
same manner as if the said Indiana Territory had remained undivided.
SECTION 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.




A No. 2.-ABSTRACT of the hole         uab(loe number q)' pJcrsoJs reiditgl ir, that p)ar of the /Territory of Michigan, as establis/ed by an act of Congress entitled " An act to divide the lIndiana  Territory into two separate Governments,"
approved January 11, 1805, on the 1st Monday of NAovember, 1834, as ascertained in conformity to the provisions of
acu act of the Legislative Council of said Territory, entitled "An act to provide for taking a census, and for other
purposes," approved September 6, 1834.


FREE WHITE PERSONS, INCLUDING HEADS OF FAMILIES.


MALES.


NAME OF COUNTY.
Wayne
Monroe
Washten. w
St. Clair
St. Joseph
Berrien
Branch
Calhoun
Jackson
Cass    -     -
Oakland
Macomb
Lenawee
Kalamazoo 
Mackinac*     -
Chippewa
Total


Under 5
years of
age.


Of 5 and
under
10.


Under 5.
1,655
908
1,443
219
279
165
67
156
171
344
1,351
661
774
297
66
50


to 10.
1,260
636
1,160
161
251
121
62
120
157
258
1,107
490
603
220
61
35
6,702


Of 10 and Of 15 and
under     under
15.       0.
to 15. F  to 20.
1,034      965
525 i      17
957       815
11        1 lI


Of20 and Of 30 and Otf40and   Of 50   Of 60    Of 70
undeer    tinder    under   and un- and un- and un30.       40.       50.    der 60.  er 0. der 80.


Of 80   Of 90
and un- and under 90. der 100.


197
76
43
109
109
223
915
397
509
180
58
33
5,437


179
95
46
76
90
177
731
350
427
186
44
43
4,760


to 30.
2,095
945
1,547
293
454
331
86
258
230
3G65
1,394
5G86
938
428
162
95
10,207


to 40.
1,027
619
1,046
204
233
159
61
132
147
200
1,071
402
556
26,1
81
55


to 50.
599
309
566t
100
108
55,29
64
55
119
515
217
290
101
40!  20
3,190


to 60.
243
190
276
41
5G
29
18
29
29
54
274
115
146
48
32
5
1,5,5


to 70.
88
78
124
21
24
12
3
9
0.)
25
119
47
44
27
10)
4
657


24
23
18
8
7
2
7
8
26
20
9
8
2
1


to 80.   - to 90.


6
8
5
4
1
1
3
1
2
40 1


to 10o.
I


Of 100
and up- -
w ards..
100, &c.  '
1      0
I,
3
1


8,60


163


4




ABSTRACT-Continued.
FREE WHITE PERSONS, INCLUDING HEADS OF FAMILIES.
FEMALES.
NAMS OF COUNTY.
Under 5 Of 5 and Of 10 amd      Of 15 and  Of20and     f30 and Of40 and    Of 50    Of 60 Of     70   Of 80   Of 90    Of 100
years of   under      under      under      under      under     under    and un- and un- and un- and un- and un- and upage.         10.        15.       20.        30.        40.        50.    der 60. der 70. I der 80. der 90. der 100. wards.
5.      to 10.     to..     to 30.     to 40. to    50.    to 60.   to7 0. to 90. to 90.      to 100. 100,&c.
Wayne               1,444      1,181      1,059       951      1,365        764        396       174     61       30        5        1
Monroe         -      808        604        487       420        724        406        226       100    334       11        3        1 
Washtenaw      -    1,435      1,014        832       800      1,303        742        437       180     81       26        5
St. Clair      -      221        139        123        94        184        107         45        26      9        6        3
St. Joseph     -      271        210        186        15        251        172         73        40     14        3        1
Berrien        -      149        11          78        87        1641        79         22        26      7 
Branch         -       76         53         37        54         64'        34         14        15      2
Calhoun        -      159        119        105        87        156         74         36        17      4        4
Jackson        -      162  |     12          19         90       182         95         36        33      15       3
Cass                  323        251        180        193       278        119         98        42      12       6        2
Oakland        -    1,325      1,028        780       692      1,147        699        385       206     97       22        6        1
Macomb         -      579        438        360       271        502        289        175        92     35       18        5
Lenawee        -      745        509        451       416        706        399        231        94     45       11        3        2
Kalamazoo      -      29         230        17         165       137         70         38        20      3
Mackinac*      -       55         55         49        41   1     5          41         25         8       1
Chippewa       -       46         32         14 31                30         12          9         3       1
Total     - |  8,047      6,117     5,012      4,568      7,374      4,169     2,278     1,094     438      145       33        5 


I -"
O
Q




ABSTRACT-Continued.


SLAVES. 
MALES. 'FEMALES.
i       i


FREE COLORED PERSONS.


MALES.


FE MALES.


NAME OF COWNTY. j Of 10 &  Of 10 &       Of 10  f10
lunder 20'under 20 years of  under
years.   years.   age.     2 -1to     0 to 20    10to 0 10  to24 -Wayne            -           -; 6            19
Monroe        -      1       1, 
Washtenaw      -     -                        9
St Clair      -     -                -
St. Joseph    -                               4 -   - 
Berrien       -     _        _                I
Branch        -     - 
Calhoun       -          -       -            1
Jackson       -I         - 
Cass          -              1
Oakland       -     -        -       4        4
Macomb        -     _    -
Lenawee       -                          i
Kalamazoo     - 
Mackinac*     -     -
Chippewa      -                      3        1
Total     -      I       2      39      46


Of 24 & Of 36 & Of 55 &   Of 100   Of 10  Of10 &,
under   under    under I and up- years of under
36      55      100     I wards.  age.    24


1       1
Of 24'& Of 36& Of 55 &
under! under   under
36      55     100.            I 


Of 100
and upwards.


to 36  to 55   to 100


100, &c. under 10 to 24  to 36  to 55  to 100 100, &c.


29
5
5
1
1
3
1


13
5
10
I


i
3         i
3
_         I
-         I
6


_! 22
3
I?
1 2
1  i 5 
_ I_
_ I
2   32
1


22
4
2
1
1
2


18      11
2       3
4       3
1. -
2       2
27      19
{


1
2
3


TOTAL.
I.
16,638
8,542    Z
14,920   0
2,244 
3,168   Co
1,787   O0
764 
1,714
1,865  L3,280
13,844
6,055
7,911
3,124
891
526
87,273


49  1 29 


39


*Michilimackinac.




ABSTRACT-Continued.


WHITE PERSONS INCLUDED IN THE POREGOINgC.


SLAVES AND COLORED PERSONS INCLUDED IN FOREGOING.


COUNTIEI.


Who. are (eaf
& dumb under 14 years.
under 14.


Wayne -       -     -
Monroe -      -     -
Washtenaw 
St. Clair     -     -
St Joseph
Berrien
Branch  -
Calhoun
Jackson -     -     -
Cass    -     -     -
Oakland -     -     -
Maconmb
Lenawee
Kalamnazoo
Michilimackinac
Chippewa
Total


3
1


Who are deaf
& (dumb of 14
years and undter 25.
to 25.
1
I


Who are deaf
& dumb of 25
and upwards.
25, &c.
1
1
2.2
'2
1


Who are
blind.


Aliens: fo- Deaf& dumb Deaf& duml
reignersnot  under 14   of 14 years
naturalized. years of age. & under 25.


1
3
'2


under 14.


to 25. 


2,053
369
421
191
221
53
I
10
198


1


Deaf & dumb
of 25 years
& upwards.
to 25, &c.


Who are
blind.


I


---     5'
Fz
I      b'
t4
00
0
L-J


5                          9
I }       3


1        79
7        3,596


1


1


1


I, John S. Horner, Secretary, and at prcsent Acting Governor in and over the Territory of Michigan, do hereby certify that the above is a true copy of
the original returns of said census on file in the ciace of the Secretary of this Territory.
In vyitne:s: whereof,  I have hcrelnlto;t mly hand, and caused the g-eat seal of said Territory to be hereunto affixed, this 21st day of November, 1835.
JOHN S. HORNER,
Seoretary and Acting Governor of Michigan Territery.




[ Rep4 No. 380i.J
A No. 3. 
AN ACT to enable the people of Michigan to form a Constitution and State Ooermneit.
Whereas it is ordained and declared, in and by the ordinance for the
government of the Territory of the United States Northwest of the River
Ohio, passed by Congress on the 13th day of July, 1787, that certain articles
therein contained " shall be considered as articles of compact between the
original States and the people and States in the said Territory, and forever
remain unalterable, unless by common consent:"
And whereas it is stipulated in and by the fifth of the said articles.of
compact, that there shall be formed in the said Territory not less than three,
nor more than five States; and that "the boundaries of the 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 Iake Michigan:"
And whereas it is stipulated in the said article that the said three States
shall be bounded on the north either by the territorial line between the
United States and Canada, or the said east and west line:
And whereas Congress has not admitted the said three States into the
Union, according to the boundaries mentioned in the said article:
And whereas it is provided in and by an act of Congress entitled "An
act to divide the Indiana Territory into two separate Governments," approved
Ja.tluary 11, 1S05, as follows, to wit:
':SECTION 1. That all that part of the Indiana Territory which lies
north of a line drawn east from the southerly bend or extreme of Lake
MLichigan, 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 b:e called Micligan:
'SECTION 2. 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:"
And whereas it was the right and privilege of sixty thousand free inhabitants within the limits of Indiana, according to the' said ordinance, to
form for themselves a permanent constitution and State Government:
And whereas the same right and privilege is granted by the act aforesaid
to the people of Michigan, whenever there shaf be sixty thousand free inhabitants within the limits mentioned in the said act:
And whereas it is ascertained, under the authority of an act of the Le'gislative Council, passed on the 6th day of September, 1834, that there now
are eighty-seven thousand two hundred and seventy-three free inhabitants
within the limits prescribed for Michigan by the act aforesaid: Therefore,
for the purpose of enabling the free inhabitants of the said Territory to secure to themselves the rights and privileges guarantied to them by the said'
ordinance and acts of Congress:
SECTION 1. Be it enacted by the Legislative Couneil of the Terito.
ry of Michiga#i; That the said free inhabitants of the Territory of MNehi
gan, as the said Territory was established by the act of Congress #tttdtl;"




26                     [ Rep. No. 380. ]
"' An act to divide the Indiana Territory into two separate Governments,"
approved January 11, 1805, that is to say, of all that territory which lies
north and east of a west line drawn through the southerly bend or extreme
of Lake Michigan, 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, and west and south of
the said boundary of the United States, be, and they are hereby, authorized
to assemble to choose delegates in the manner and at the time and place
herein after mentioned, to form for themselves a constitution and State Government, upon the principles and according to the provisions contained in
the ordinance for the government of the Territory of the United States
Northwest of the River Ohio, ' adopted in Congress the 13th day of July,
1787.
SECTION 2. That the free white male inhabitants of the said Territory,
above the age of twenty-one years, who shall reside therein three months
immediately preceding Saturday, the 4th day of April next, in the year
one thousand eight hundred and thirty-five, be, and they are hereby, authorized to choose delegates to form a convention, who shall be elected in the
several districts as follows, to wit: the county of Wayne shall form the first
election district, and shall be entitled to elect seventeen delegates to the said
convention; the county of Monroe shall form the second district, and shall
be entitled to elect nine delegates; the county of Lenawee shall form the
third district, and shall be entitled to elect eight delegates; the county of
Washtenaw, and the county attached thereto for judicial purposes, shall
form the fourth district, and shall be entitled to elect fifteen delegates; the
county of Oakland, and the county attached thereto for judicial purposes,
shall form the fifth district, and shall be entitled to elect fourteen delegates;
the county of Macomb shall form the sixth district, and shall be entitled to
elect six delegates: the county of St. Clair shall form the seventh district,
and shall be entitled to elect two delegates; the county of Jackson shall
form the eighth district, and shall be entitled to elect two delegates; the
counties of Hillsdale and Branch, and all that part of the Territory lying
south of the county of Branch, shall form tile ninth district, and be entitled
to elect one delegate; the county of Calhoun shall form the tenth district,
and be entitled to elect two delegates; the county of Kalamazoo, and the
county attached thereto for judicial purposes, shall form tie eleventh district, and shall be entitled to elect three delegates; the county of Cass, and
all that part of the Territory lying south of the said county, shall form the
twelfth district, and be entitled to elect three delegates; the county of St.
Joseph, and all that part of the Territory lying south thereof, shall form the
thirteenth district, and be entitled to elect three delegates; the county of
Berrien, and all that part of the Territory situated south and southwest thereof, shall form the fourteenth district, and be entitled to elect two delegates;
the county of Michilimackinac shall form the fifteenth district, and slall be
entitled to elect one delegate; and the county of Chippewa shall form the
sixteenth district, and be entitled to elect one delegate. The aforesaid delegates shall be citizens of the United States, of at least the age of twenty-one
years.
SECTION 3. The election for the said delegates shall be holden on Saturday, the fourth day of April next, in the several townships within the
said several election districts, and shall be in every respect held and conducted in the same manner, and under the same regulations, and the result




[ Rep. No. 380. ]                         27
certified, transmitted, and declared, in the same manner, as near as may
be, agreeably to the provisions of an act entitled "An act to provide for
the election of a delegate in the Congress of the United States," approved
April 12, 1827; and whenever any person shall present his vote or ballot at
such election for delegates, if he shall be challenged by either of the inspectors, or by any elector, said inspectors shall cause to be read to such person
somuch of the second section of this act as relates to the qualifications of
voters, and shall then tender and administer to him the following oath:
" I, A B, do solemnly swear (or affirm ) that I am duly qualified to vote at
this election according to law;" and thereupon the said inspectors shall
receive the vote of the person so taking the oath or affirmation as aforesaid;
and in case such person shall refuse to take such oath or affirmation, he shall
not be permitted to vote at said election.
SECTION 4. That it shall not be lawful for any officer or minister of justice to serve any civil process on any person entitled to vote at said election
on the day preceding the said election, on the day of election, nor on the
day immediately succeeding the same.
SECTION 5. The delegates elected as aforesaid shall meet at the capitol,
in the city of Detroit, oil the second Monday of May next; and they, or a
majority of them, are authorized to adjourn the said convention to any other
place within the said Territory for the transaction of business.
MORGAN L. MARTIN,
President of the Legislative Council.
Approved: January 26, 1835.
STEVENS T. MASON.
TERRITORY of MICHIG.AN, ss.
I, John S. Horner, Secretary, and at present Acting Governor in and over
the Territory of Michigan, do hereby certify that the foregoing is a true
copy of an act entitled "An act to enable the people of Michigan to form a
constitution and State Government," on file in the office of the Secretary
ot said Territory.
In witness whereof'  I have herelnto set my hand, and caused
[ t.. s. ] the great seal of said Territory to be affixed, at Detroit, this 21st
day of November, A. D. 1835, and of our independence the 60th.
JOHN S. HORNER,
Secretary and Actingr Governor in and over Michigan Territory.
AN ACT to amend an act to eenahle the people of Michigan to 1'bro  a Constitution and State
Go ernment.
SECTION 1. Be it enacted by the Legislative Council of the Territory of
Michignan, That whenever any person shall present himself to give his vote
or ballot at at any such election, and either of the inspectors shall suspect,
or any other person shall challenge, him to be unqualified for the purpose,
the inspectors shall tender and administer to him the following oath: I do
solemnly and sincerely swear and declare (or I do solemnly affirm and declare ) that I am of the age of twenty-one years, according to my best knowledge and belief; that I have been for the last three months an inhabitant
of this Territory, and now a resident of this district; and that I have not
voted before in any part of this Territory at this election.




28                    [ Rep. No. 380. ]
SECTION 2. That in the event that any of the citizens shall be ordered by
the commander-in-chief into military service, it shall be competent for such
persons to vote in any district where they may be on the day of election.
MORGAN L. MARTIN,
President of the Legislative Council.
Approved: March 27, 1835.
STEVENS T. MASON.
I, John S. Horner, Secretary and Acting Governor in and over the Territory of Michigan, do certify the foregoing to be a true copy of the original
law on file in the office of the Secretary of the Territory.
In witness whereof, I have hereunto set my hand and the seal
[ L. s. ] of said Territory, this 21st day of November, 1835.
JOHN S. HORNER,
ASecretary and Acting Governor of Michigan Territory.
A No. 4.
CONSTITUTION OF THE STATE OF MICHIGAN,.4. adopted in convention, begun and held at the Capitol, in the city of
Detroit, on Monday, the 11th day of May, A.D. 1835.
In convention, begun at the city of Detroit. on the second Monday of
May, in the year one thousand eight hundred and thirty-five:
We, the people of the Territory of Michigan, as established by the act
of Congress of the 11th of January, 1805, in conformity to the fifth article of the ordinance providing for the government of the Territory of the
United States Northwest of the River Ohio, believing that the time has
arrived when our present political condition ought to cetse, and the right
of self-government be asserted, and availing ourselves of that provision of
the aforesaid ordinance of the Congress of the United States of the 13th
day of July, 1787, and the acts of Congress passed in accordance therewith, which entitle us to admission into the Union, upon a condition which
las been fulfilled, do, by our delegates in convention assembled, mutually
agree to form ourselves into a free and independent State, by the style and
title of " The State of Michigan," and do ordain and establish the following constitution for the government of the same:
ARTICLE I.
1. All political power is inherent in the people.
2. Government is instituted for the protection, security, and benefit of
the people; and they have the right at all times to alter or reform the same,
and to abolish one form of government, and establish another, whenever
the public good requires it.
3. No man or set of men are entitled to exclusive or separate privileges.
4. Every person has a right to worship Almighty God, according to the
dictates of his own conscience; and no person can of right be compelled
to attend, erect, or support, against his will, any place of religious worship,




[ Rep. No. 380. ]                          29
or pay any tithes, taxes, or other rates, for the support of any minister of
the gospel or teacher of religion.
5. No money shall be drawn from the treasury for the benefit of religious societies, or theological or religious seminaries.
6. The civil and political rights, privileges, and capacities of no individual shall be diminished or enlarged on account of his opinions or belief
concerning matters of religion.
7. Every person may freely speak, write, and publish his sentiments onl
all subjects, being responsible for the abuse of that right; and no laws
shall be passed to restrain or abridge the liberty of speech or of the press.
In all prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter
charged as libellous is true, and was published with good motives, and for
justifiable ends, the party shall be acquitted, and the jury shall have the
right to determine the law and the fact.
8. The person, houses, papers, and possessions of every individual slall
be secure from unreasonable searches and seizures; and no warrant to
search any place, or to seize any person or things, shall issue without describing them, nor without probable cause, supported by oath or affirmation.
9. The right of trial by jury shall remain inviolate.
10. In all criminal prosecutions, the accused shall have the right to a
speedy and public trinl by an impartial jury of the vicinage; to be confronted with the witnesses against him; to have compulsory process for
obtaining witnesses in his favor; to have the assistance of counsel for his
defence;- and in all civil cases, in which personal liberty may be involved,
the trial by jury shall not be refuiscd.
11. No person shall be held to answer for a criminal offence, unless on
the presentment or indictment of a grand jury, except in cases of impeachment, or ill cases cognizable by justices of the peace, or arising in the
army or mi'itia whlel in actual service in time of war or public danger.
12. No person for tie sanme oftence shall be twice put in jeopardy of
punisllnent; all persons shall, before conviction, be bailable by sufficicnt
sureties, exceilt for capital offences, when the proof is evident, or the presulni)t;on,r.iat; a:nd the privilege of the writ of labeas corpus shall not
be slspendeld, unless when, in case of rebellion or invasion, the public
safety may -require it.
13. Every person has a right to bear arms for the defence of himself
and the State.
14. The military shall, in all cases and at all times, be in strict subordination to the civil power.
15. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nbr in time of war. but in a manner prescribed hy law.
16. Treason against the State shall consist only in levying war against
it, or in adhering to its enemies, giving them aid and comfort; no person
shall be convicted of treason, unless on the testimony of two witnesses to
the same overt act, or on confession in open court.
17. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall be passed.
18. Excessive bail shall not be required; excessive fines shall not be
imposed; and cruel and unjust punishments shall not be inflicted.




30


[ Rep. No. 3t0. ]


19. The property of no person shall be taken fbr public use, without
just compensation therefor.
20. The people shall have the right freely to assemble together, to consult for the common good, to instruct their representatives, and to petition
the Legislature for redress of grievances.
21. All acts of the Legislature, contrary to this or any other article of
this constitution, shall be void.
ARTICLE II.
Electors.
1. In all elections, every white male citizen above the age of twenty-one
years, having resided in the State six months next preceding any election,
shall be entitled to vote at such election; and every white male inhabitant
of the age aforesaid, who may be a resident of this State at the time of the
signing of this constitution, shall have the right of voting as aforesaid;
but no such citizen or inhabitant shall be entitled to vote except in the district, county, or township in which he shall actually reside at the time of
such election.
2. All votes shall be given by ballot, except for such township officers as
may, by law, be directed to be otherwise chosen.
3. Electors shall, in all cases, except treason, felony, or breach of the
peace, be privileged from arrest during their attendance at elections, and in
going to and returning from the same.
4. No elector shall be obliged to do militia duty on the days of election,
except in time of war or public danger.
5. No person shall be deemed to have lost his residence in this State by
reason of his absence on business of the United States, or of this State.
6. No soldier, seaman, or marine, in the army or navy of the United
States, shall be deemed a resident of this State in consequence of being
stationed in any military or naval place within the same.
ARTICLE III.
Division of the powers of Government.
1. The powers of the Government shall be divided into three distinct
departments-the legislative, the executive, and the judicial; and one department shall never exercise the powers of another, except in such cases
as are expressly provided for in this constitution.
ARTICLE IV.
Legislative Department.
1. The legislative power shall be vested in a Senate and House of Representatives.
2. The number of the rmembers of the House of Representatives shall
never be less than forty-eight, nor more than one hundred; and the Senate
shall, at all times, equal in number one-third of the House of Representatives, as nearly as may be.




[ Rep. No. 380. ]


31


3. 'he Legislature shall provide by law for an enumeration of the inhabitants of this State in the years eighteen hundred and thirty-seven, and
eighteen hundred and forty-five, and every ten years after the said last
mentioned time; and at their first session after each enumeration so made 
as aforesaid, and also after each enumeration made by the authority of
the United States, the Legislature shall apportion anew the Representatives and Senators among the several counties and districts, according to
the number of white inhabitants.
4. The Representatives shall be chosen annually on the first Monday of
November, and on the following day, by the electors of the several counties or districts into which the State shall be divided for that purpose.
Each organized county shall he entitled to at least one Representative; but
no county hereafter organized shall be entitled to a separate Representative,
until it shall have attained a population equal to the ratio of representation
hereafter established.
5. The Senators shall be chosen for two years, at the same time and in
the same manner as the Representatives are required to be chosen. At
the first session of the Legislature under this constitution, they shall be
divided by lot front their respective districts; as nearly as may be, into
two equal classes; the seats of the Senators of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year; so that one-half thereof, as nearly as may be,
shall be chosen annually thereafter.
6. The State shall be divided, at each new apportionment, into a number of not less than four, nor more than eight senatorial districts, to be
always composed of contiguous territory, so that each district shall elect an
equal number of Senators annually, as nearly as may be; and no county
shall be divided in the formation of such districts.
7. Senators and Representatives shall be citizens of the United States,
and be qualified electors in the respective counties and districts which
they represent; and a removal fron their respective counties or districts
shall be deemed a vacation of their seats.
8. No person holdingr any office under the United States or of this State,
(officers of the militia, justices of the peace, associate judges of the circuit
and county courts, and postmasters excepted,) shall be eligible to either
House of the Legislature.
9. Senators and Representatives shall, in all cases except treason, felony,
or breach of the peace, be privileged from arrest, nor shall they be subject
to any civil process during the session of the Legislature, nor for fifteen
days next before the commencement and after the termination of each
session.
10. A majority of each House shall constitute a quorum to do business;
but a smaller number may adjourn from day to day, and may compel the
attendance of absent members, in such manner and under such penalties
as each House may provide. Each Houseshall choose its own officers.
11. Each House shall determine the rules of its proceedings, and judge
of the qualifications, elections, and returns of its own members, and may,
with the concurrence of two-thirds of all the members elected, expel a
member; but no member shall be expelled a second time for the same
cause,, nor for any cause known to his constituents antecedent to his
election.
12. Each House shall keep a journal of its proceedings, and publish the




32                    [ Rep. No. 380. ]
same, except such parts as may require secrecy; and the yeas and nays of
the members of either House, on any question, shall, at the request of onefifth of the members present, be entered on the journal. Any member of
either House shall have liberty to dissent from and protest against any
act or resolution which he may think injurious to the public or an individual, and have the reasons of his dissent entered on the journal.
13. In all elections by either or both Houses, the votes shall be given
viva voce; and all votes on nominations made to the Senate shall be taken
by yeas and nays, and published with the-journal of its proceedings.
14. The doors of each House shall be open, except when the public
welfare shall require secrecy; neither House shall, without the consent of
the other, adjourn for more than three days, nor to any other place than
that where the Legislature may then be in session.
15. Any bill may originate in either House of the Legislature.
16. Every bill passed by the Legislature shall, before it becomes a law.
be presented to the Governor; if he approve he shall sign it; but, if not:
he shall return it, with his objections, to that House in which it originated,
who shall enter their objections at large upon their journal, and proceed to
reconsider it. If; after such reconsideration, two-thirds of all the members
present agree to pass the bill, it shall be sent, with the objections, to the
other House, by whom it shall likewise be reconsidered; and if approved
also by two-thirds of all the members present in that House, it shall become a law; but, in such cases, the votes of both I-ouses shall be determined by yeas and nays, and the names of the members voting for or
against the bill shall be entered on the journals of each House, repectively.
And if any bill be not returned by the Governor within ten days (Sundays
excepted) after it has been presented to him, the same shall become a law,
in like manner as if he had signed it, unless the Legislature, by their adjournment, prevent its return, in which case it shall not become a law.
17. Every resolution to which the concurrence of the Senate and House
of Representatives may be necessary, except in cases of adjournment, shall
be presented to the Governor, and, before the sanme shall ttl.ke effect, shall
be proceeded upon in the same manner as in the case of a bill.
18. The members of the Legislature shall receive for their services a
compensation to be ascertained by law, and paid out of the public treasury;
but no increase of the compensation shall take effect during the term for
which the nembers of either House shall have been elected; and snclt
compensation shall never exceed three dollars a day.
19. No member of the Legislature shall receive any civil appointment
from the Governor and Senate, or fiom the Legislature, during the term
for which he is elected.
20. The Governor shall issue writs of election to fill such vacancies as
may occur in the Senate and House of Representatives.
21. The Legislature shall meet on the first Monday in January in every
year, and at no other period, unless otherwise directed by law, or provided
for in this constitution.
22. The style of the laws of this State shall be: Be it evacted by the
2c.';te and House of Representatives of the State of Michigan.




[Rep. No. S8Qi]                         U
ARTICLE V.
Executive Department.
1. The supreme executive power shall be vested in a Governor, who
shall hold his office for two years; and a Lieutenant Governor shall be
chosen at the same time, and for the same term.
2. No person shall be eligible to the office of Governor or Lieutenant
Governor, who shall not have been five years a citizen of the United
States, and a resident of this State two years next preceding the election.
3. The Governor and Lieutenant Governor shall be elected by the
electors at the times and places of choosing members of the Legislature.
The persons having the highest number of votes for Governor and Lieutenant Governor shall be elected; but in case two or more have an equal
and the highest number of votes for Governor or Lieutenant Governor,
the Legislature shall, by joint vote, choose one of the said persons, so having an equal and the highest number ot votes, for Governor or Lieutenant
Governor.
4. The returns of every election for Governor and Lieutenant Governor
shall be sealed up and transmitted to the seat of Government, by the
returning officers, directed to the President of the Senate, who shall open
and publish them in the presence of the members of both Houses,
5. The Governor shall be conunander-in-chief of the militia, and ot
the army and navy of this State.
6. lie shall transact all executive business with the officers of Government, civil and military; and may require information, in writing,
from the officers in the executive department, upon any subject relating to
the duties of their respective offices.
7. He shall take care that the laws be faithfully executed.
S. He shall have power to convene the Legislature on extraordinary
occasions. He shall communicate, by message, to the Legislature, at
every session, the condition of the State, and recommend such matters to
them as he shall deem expedient.
9. He shall have power to adjourn the Legislature to such time as he
may think proper, in case of a disagreement between the two Houses,
with respect to the time of adjournment, but not to a period beyond the
next annual meeting.
10. He may direct the Legislature to meet at some other place than the
seat of Government, if that shall become, after its adjournment, dangerous
from a common enemy or a contagious disease.
11. He shall have power to grant reprieves and pardons after conviction,
except in cases of impeachment.
12. When any office, the appointment to which is vested in the Governor and Senate   or in the Legislature, becomes vacant during the
recess of the Legislature, the Governor shall have power to fill such
vacancy by granting a commission, which shall expire at the end of the
succeeding session of the Legislature.
13. In case of the impeachment of the Governor, his removal ftort
office, death, resignation, or absence from the State, the powers and duties
of the office shall devolve upon the Lieutenant Governor until such disability shall cease, or the vacancy be filled.
14. If, during the vacancy of the office of Governor, the Lieutenant




^It                    Io[R. No. )O ]
overnor shall be impeached, displaced, resign, die, or be.absent from
the State, the President of the Senate pro tempore shall act as Governor
until the vacancy be filled.
15. The Lieutenant Governor shall, by virtue of his office, be President of the Senate; in Committee of the Whole, he may debate on all
questions; and, when there is an equal division, he shall give the casting vote.
16. No member of Congress, nor any other person holding office under the United States or this State, shall execute the office of Governor.
17. Whenever the office of Governor or Lieutenant Governor becomes
vacant, the persons exercising the powers of Governor for the time being,
shall give notice thereof, and the electors shall, at the next succeeding
annual election for members of the Legislature, choose a person to fill
such vacancy.
18. The Governor shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the
term for which he has been elected.
19. The Lieutenant Governor, except when acting as Governor, and
the President of the Senate pro tempore, shall each receive the same compensation as shall be allowed to the Speaker of the House of Representatives.
20. A great seal for the State shall be provided by the Governor, which
shall contain the device and inscriptions represented and described in the
papers relating thereto, signed by the president of the convention, and
deposited in the office of the Secretary of the Territory. It shall be kept
by the Secretary of State; and all official acts of the Governor, his approbation of the laws excepted, shall be thereby authenticated.
21. All grants and commissions shall be in the name and by the
authority of the people of the State of Michigan.
ARTICLE VI.
Judicial Department.
1. The judicial power shall be vested in one Supreme Court, and in
such other courts as the Legislature may from time to time establish.
2. The judges of the Supreme Court shall hold their offices for the
term of seven years; they shall be nominated, and, by and with the advice and'consent of the Senate, appointed, by the Governor. They shall
receive an adequate compensation, which shall not be diminished during
their continuance in office. But they shall receive no fees nor perquisites
of office, nor hold any other office of profit or trust under the authority of
this State or of the United States.
3. A court of probate shall be established in each of the organized
counties.
4. Judges of all county courts, associate judges of circuit courts, and
judges of probate, shall be elected by the qualified electors of the county
in which they reside, and shall hold their offices for four years.
6. The Supreme Court shall appoint their clerk or clerks; and the
electors of each county shall elect a clerk, to be denominated a county
Ierek, who shall hold his offie for the term of two years, and shall perform the duties of clerk to all the courts of record t6 be held in each county,
ejcept ithe Supreme oCurt and court of probate.




[ Rep. No. 38..                          S
6. Each township may elect four justices of the peace, who shall hold
their offices for four years, and whose powers and duties shall be defined
and regulated by law. At their first election they shall be classed and
divided by lot into numbers one, two three, and four, to be determined in
such manner as shall be prescribed by law, so that one justice shall be annually elected in each township thereafter. A removal of any justice
from the township in which he was elected shall vacate his office. In all
incorporated towns or cities it shall be competent for the Legislature to increase the number of justices.
7. The style of all process shall be " In the name of the people of the
State of Michigan;" and all indictments shall conclude, "against the peace
and dignity of the same."
ARTICLE VII.
Certain State and County Officers.
1. There shall be a Secretary of State, who shall hold his office for
two years, and who shall be appointed by the Governor, by and with the
advice and consent of the Senate. He shall keep a fair record of the
official acts of the legislative and executive departments of the Government; and shall, when required, lay the same, and all matters relative
thereto, before either branch of the Legislature; and shall perform such
other duties as shall be assigned him by law.
2. A State Treasurer shall be appointed by a joint vote of the two Houses
of the Legislature, and shall hold his office for the term of two years.
3. There shall be an Auditor General and an Attorney General for the
State, and a prosecuting attorney for each of the respective counties, who
shall hold their offices for two years, and who shall be appointed by the
Governor, by and with the advice and consent of the Senate, and whose
powers and duties shall be prescribed by law. 
4. There shall be a sheriff, a county treasurer, and one or more coroners, a register of deeds, and a county surveyor, chosen by the electors
in each of the several counties once in every two years, and as often as
vacancies shall happen. The sheriff shall hold no other office, and shall
not be capable of holding the office of sheriff longer than four in any
term of six years; he may be required by law to renew his security from
time to time, and, in default of giving such security, his office shall be
deemed vacant; but the county shall never be made responsible for the
acts of the sheriff.  ' 
ARTICLE VIII,
Impeachments and removalsfrom ojfice.
1. The House of Representatives shall have the sole power of impeaching all civil officers of the State for corrupt conduct in office, or for crimes
and misdemeanors; but a majority of all the members elected shall be
necessary to direct an impeachment.
2. All impeachments shall be tried by the Senate. When the Governor
or Lieutenant.Governor shall be tried, the chief justice of the Supreme
Court shall preside. Before the trial of an impeathnent, the m rmbers 
of the court shall take an oath or affirmation truly and impartially to try




[ I Re No, 3s0 ]
aud determine the charge, in question according to the evidence; and no
person shall be convicted without the concurrence of two-thirds of the
members present. Judgment, in cases of impeachment, shall not extend
further than to removal from office; but the party convicted shall be liable
to indictment and punishment according to law.
3. For any reasonable cause, which shall not be sufficient ground for
the impeachment of the judges of any of the courts, the Governor shall
remove any of them on the address of two-thirds of each branch of the
Legislature; but the cause or causes for which such removal may be required shall be stated at length in the address.
4. The Legislature shall provide by law for the removal of justices ot
the peace and other county and township officers, in such manner and for
such cause as to them shall seem just and proper.
ARTICLE IX.
Militia.
1. The Legislature shall provide by law for organizing and disciplining
the militia in such manner as they shall deem expedient, not incompatible
with the constitution and laws of the United States.
2. The Legislature shall provide for the efficient discipline of the officers.
commissioned and non-commissioned, and musicians, and may provide by
law for the organization and discipline of volunteer companies.
3. Officers of the militia shall be elected or appointed in such manner
as the Legislature shall from time to time direct, and shall be commissioned
by the Governor.
4. The Governor shall have power to call forth the militia to execute
the laws of the State, to suppress insurrections, and repel invasions.
ARTICLE X.
Education.
1. The Governor shall nominate, and, by and with the advice and consent of the Legislature in joint vote, shall appoint, a superintendent of
'public instruction, who shall hold his office for two vears, and whose duties
shall be prescribed by law.
2. The Legislature shall encourage, by all suitable means, the promotion of intellectual, scientific, and agricultural improvement. The proceeds of all lands that have been or hereafter may be granted by the United
States to this State for the support of schools, which shall hereafter be sold
or disposed of, shall be and remain a perpetual fund; the interest of which.
together with the rents of all such unsold lands, shall be inviolably appropriated to the support of schools throughout the State.
3. The Legislature shall provide for a system of common schools, by
which' a School shall be kept up and supported in each school district at
least three months in every year; and any school district neglecting to
keep up and support such a school, may be deprived of its equal proportion of the interest of the public fund.
i. As soon.-asthe circumstances of the State will permit. the Legislature
shall provide for the establishment bf libraries, one at least in each town



Rep. No.            ]                    4%
ship; and the money which shall be paid by persons as an equivalent tr*
exemption from military duty, and the clear proceeds of all fines asessed in
the several counties for any breach in the penal laws, shall be exclusively
applied to the support of said libraries.
5. The Legislature shall take measures for the protection, improvement,
or other disposition, of such lands as have been or may hereafter be reserved
or granted by the United States to this State for the support of a university;
and the funds accruing from the rents or sale of such lands, or from any
other source, for the purpose aforesaid, shall be and remain a permanent
fund for the support of said university, with such branches as the publit
convenience may hereafter demand for the promotion of literature, and the
arts and sciences, as may be authorized by the terms of such grant: and it
shall be the duty of the Legislature, as soon as may be, to provide effectual
means for the improvement and permanent security of the funds of said
university.
ARTICLE XI.
Prohibition of Slavery.
1. Neither slavery nor involuntary servitude shall ever be introduced
into this State, except for the punishment of crimes of which the party shall
have been duly convicted.
ARTICLE XII.
Miscellaneous Provisions.
1. Members of the Legislature, and all officers, executive and judicial,
except such inferior officers as may by law be exempted, shall, before they
enter on the duties of their respective offices, take and subscribe the following oath or affirmation: " I do solemnly swear, or affirm, [as the case may
be,] that I will support the constitution of the United States and the ponstitution of this State, and that I will faithfully discharge the duties of the
office of --   according to the best of my ability." And no other oath,
declaration, or test shall be required as a qualification for any office or
public trust.
2. The Legislature shall pass no act ofincorporation, unless with the
assent of at least two-thirds of each House.
3. Internal improvement shall be encouraged by the Government of this
State; and it shall be the duty of the Legislature, as soon as may be, to
make provision by law for ascertaining the proper objects of improvement
in relation to roads, canals, and navigable waters; and it shall also be their
duty to provide by law for an equal, systematic, and economical application
of the funds which may be appropriated to these objects.
4. No money shall be drawn from the treasury but in consequence of
appropriations made by law: and an accurate statement of the receipts and
expenditures of the public money shall be attached to and published with
the laws annually.
5. Divorces shall not be granted by the Legislature; but the Legislature
may by law authorize the higher courts to grant them, under such restrictions as they may deem expedient.
6. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed. 




E Rep    No. 380. ]
T:  No county how organied by law shall ever be reduced, by the organization of new counties, to less than four hundred square miles.
8. The Governor, Secretary of State, Treasurer, and Auditor General,
shall keep their offices at the seat of Government.
9. The seat of Government for this State shall be at Detroit, or at such
other place or places as may be prescribed by law, until the year 1847, when
it shall be permanently located by the Legislature.
10, The first Governor and Lieutenant Governor shall hold their offices
until the first Monday of January, 1838, and until others shall be elected
and qualified; and thereafter they shall hold their offices for two years, and
until their successors shall be elected and qualified.
11. When a vacancy shall happen, occasioned by the death, resignation,
or removal from office of any person holding office under this State, the
successor thereto shall hold his office for the period which his predecessor
had to serve, and no longer, unless again chosen or reappointed.
ARTICLE XIII.
Mode of amending and revising the Constitution.
1. Any amendment or amendments to this constitution may be proposed
in the Senate or House of Representatives; and if the same shall be agreed
to by a majority of the members elected to each of the two Houses, such
proposed amendment or amendments shall be entered on their journals,
with the yeas and nays taken thereon, and referred to the Legislature then
next to be chosen, and shall be published for three months previous to the
time of making such choice. And if, in the Legislature next chosen as
aforesaid, such proposed amendment or aimendments shall be agreed to by
two-thirds of all the members elected to each House, then it shall be the
duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the Legislature
shall prescribe; and if the people shall approve and ratify such amendment
or amendments, by a majority of the electors qualified to vote for members
of the Legislature voting thereon, such amendment or amendments shall
become part of the constitution.
2. And if at any time two-thirds of the Senate and House of Representatives shall think it necessary to revise or change this entire constitution,
they shall recommend to the electors, at the next election for members of
the Legislature; to vote for or against a convention: and if it shall appear
that a majority of the electors voting at such election have voted in favor of
calling a convention, the legislature shall, at its next session, provide by
law for calling a ponveition, to be holden within six months after the passage of such law; and such convention shall consist of a number of members not less than that of both branches of the Legislature.
SCHEDULE.
1. That no inconvenience may arise from a change of the Territorial
Government to a permanent State Government, it is declared that all writs,
actions, prosecutions, contracts, claims, and rights of individuals and of
bodies corporate, shall continue as if no change had taken place in this
Government; and all process which may,*before the organization of the




[ Rep* No.- 38l) ].
judicial department under this constitution, be issued under the authority
of the Territory of Michigan, shall be as valid as if issued in the name of
the State.
2. All laws now in force in the Territory of Michigan, which are not
repugnant to this constitution, shall remain in force until they expire by
their own limitations, or be altered or repealed by the Legislature.,^3. All fines, penalties, forfeitures, and escheats, accruing to the Territory of Michigan, shall accrue to the use of the State.
4. All recognizances heretofore taken, or which may be taken before the
organization of the judicial department under this constitution, shall remain
valid, and shall pass over to, and may be prosecuted in the name of, the
State: and ill bonds executed to the Governor of this Territory, or to any 
other officer in his official capacity, shall pass over to the Governor or other
proper State authority, and to their successors in office, for the uses therein
respectively expressed, and may be sued for and recovered accordingly.
All criminal prosecutions and penal actions, which have arisen, or which
may arise before the organization of the judicial department under this
constitution, and which shall then be depending, may be prosecuted to
judgment and execution in the name of the State.
5. All officers, civil and military, now holding their offices and appointments in this Territory under the authority of the United States, or under
the authority of this Territory, shall continue to hold and exercise their respective olfices and appointments until superseded under this constitution.
6. The first election for Governor, Lieutenant Governor, members of the
State Legislature, and a Representative in the Congress of the United States,
shall be held on the first Monday in October next, and on the succeeding
day. And the president of the convention shall issue writs to the sheriffs
of the several counties or districts, or, in case of vacancy, to the coroners,
requiring them to cause such election to be held on the days aforesaid, in
their respective counties or districts. The election shall be conducted in
the manner prescribed, and by the township officers designated as inspectors
of elections, and the returns made as required by the existing laws of the
Territory, or by this constitution: Provided, howeer, That the returns of
the several townships in the district composed of the unorganized counties
of Ottawa; lonia, Kent, and Clinton, shall be made to the clerk of the township of Kent, in said district; and the said township clerk shall perform the
same duties as, by the existing laws of the Territory, devolve upon the
clerks of the several counties in similar cases.
7. The first meeting of the Legislature shall be at the city of Detroit, on
the first Monday in November next, with power to adjourn to any other
place.
8. All county and township officers shall continue to hold their respective
offices. unless removed by the competent authority, until the Legislature
shall, in conformity to the provisions of this constitution, provide for the
holding of elections to fill such offices, respectively.
9. This constitution shall be submitted, at the election to be held on the
first Monday in October next, and on the succeeding day, for ratification or
rejection, to the electors qualified by this constitution to vote at all elections;
and if the same be ratified by the said electors, the same shall become the
constitution of the State of Michigan. At the election aforesaid, on such
of the ballots as are for the said constitution shall be written or printed the
word " yes," and on those which are against the ratification of said constitu



*^                    I Kljh. r a. N s0. 
fita the wrd " no."  And the returns of the votes on the question of ratification or rejection of said constitution shall be male to the president of'
this convention at any time before the first Monday in November next, and
a digest of the same communicated by him to the Senate and House of
Representatives on that day..
10. And if this constitution shall be ratified by the people of Michigan,
the president of this convention shall, immediately after the same shall be
ascertained, cause a fair copy thereof, together with an authenticated copy
of the act of the Legislative Council, entitled " An act to enable the people
of Michigan to form a constitution and State Government," approved January 26, 1835, providing for the calling of this convention, and also a copy
of so much of the last census of this Territory, as exhibits the number of the
free inhabitants of that part thereof which is comprised within the limits
in said constitution defined as the boundaries of the proposed State of Michigan, to be- forwarded to the President of the United States, together with
an expression of the decided opinion of this convention that the number of
the free inhabitants of said proposed State now exceeds the number requisite to constitute two Congressional districts, and the respectful request of
this convention, in behalf of the people of Michigan, that all said matters
may be by him laid before the Congress of the United States at their next
session. 
11. In case of the failure of the president of this convention to perform the duties prescribed by this constitution, by reason of his absence,
death, or from any other cause, said duties shall be performed by the secretaries of this convention.
12: Until the first enumeration shall be made as directed by this constitution, the county of Wayne shall be entitled to eight representatives; the
county of Monroe to four representatives; the county of Washtenaw to,
seven representatives; the county of St. Clair to one representative; the
county of St. Joseph to two representatives; the county of Berrien to one
representative; the county of Calhoun to one representative; the county
of Jackson to one representative; the county of Cass to two representatives;
the county of Oakland to six representatives; the county of Macomb tothree representatives; the county of Lenawee to four representatives; the
county of Kalamazoo, and the unorganized counties of Allegan and Barry,
to two representatives; the county of Branch to one representative; the
county of Hillsdale to one representative; tle county of Lapeer to one
representative; the county of Saganaw, and the ullorganized counties of
Genesee and Shiawasse, to one representative; the county of Michilimackinac to one representative; the county of Chippewa to one representative; and
the unorganized counties of Ottawa, Kent, Ionia, and Clinton, to one
representative.
And for the election of senators, the State shall be divided into five
districts, and the apportionment shall be as follows: The county of
Wayne shall compose the first district, and elect three senators; the
counties of Monroe and Lenawee shall compose the second district, and
elect three Senators; the counties of Hillsdale, Branch, St. Joseph, Cass,
Berrien, Kalamazoo, and Calhoun shall compose the third district, and
elect three Senators; the counties of Washtenaw, and Jackson shall composte the fourth distlict, and elect three Senators; and the counties of Oakland, Lapeer, Saganaw, Macomb, St. Clair, Michilimackinac, and ChippW*a shal compose the fifth district, and elect four Senators.




[UIte.L Ne. 3.84o]


44w


Any country attached to any county for judicial purposes, if ot'otherwise represented, shall be considered as forming part of such countyso
far as regards elections for the purpose of representation in the Legislature
Done in convention, at the city of Detroit, on the twenty-fourth day
of June, eighteen hundred and thirty-five, in the fifty-ninth year of
American independence.


A.


John Norvell,
John McDonell,.no. R. Williams,
Alpheus White,
Amos Stevens,
Conrad Ten Eyck,
Lewis Beufait,
Peter Van Every,
J. D. Davis,
Caleb Herrington,
Ammon Brown,
Theoph's E. Tallman,
Geo. W. Perrington,
Asa H. Otis,
Orin Howe,
Emanuel Case,
E. Mundy,
Orrin White,
Isaac Voorhees,
Randolph Manning,
Seneca Newberry,
Joshua B. Taylor,
Elijah Cook,
Ebenezer Raynale,
John Ellenwood,
Jeremiah Riggs,
Benjamin B. Morris,
William Patrick,
C(h. F. Irwin,
Wm. Woodbridge,


Edward D. Ellis,
James J. Godfroy
Peter P. Ferry,
Robert McClellan
David White,
Eliphalet Clark,
Samuel Ingersoll,
Lemuel Colbath,
J. V. D. Sutphen,
Ross Wilkins,
Selleck C. Bough
Allen Hutchins,
John J. Adam,
Joseph Howell, ju
Joseph H. Patters
Darius Conistock
Alexander Tiffan
Gilbert Shattuck,
Abel Godard,
William Moore,
Robert Purdy,
John Brewer,
Alpheus Collins,
M. P. Stubbs,
Richard Brower,
Rufus Crossman,
Nathaniel Noble,
Russell Briggs,
Jonathan Chase,


JOHN BIDDLE, President.
Samuel White,
Thomas Curtis,
Norman Davison,
d,    Samuel Axford,
Ephraim Calkin,
Jacob Tucker,
John S. Axford,
Henry Porter, 
Solomon Porter,
John Clarke,
ton,  Ralph Wadhams,
Townsend E. Gidley,
Roswell B. Rexford,
in.    Lewis T. Miller,
on,   Isaac E. Crary,,  Ezra Convis,
y,     Lucius Lyon,
William H. Welch,
H-ezekiah G. Wells,
James Newton,
James Odell,
Baldwin Jenkins,
John S. Barry,
Hubbel Loomis,
Martin G. Shellhouse,
Titus B. Willard,
Elijah Lacy,
Michael Dousman,
Bela Chapman.




ORDINANCE. 
Be it ordained by the convention assembled to form a constitution for
tile State of Michigan, in behalf and by authority of the people of said
State, that the following propositions be submitted to the Congress of the
United States, which, if assented to by that body, shall be obligatory on
this State:
1st. Section numbered sixteen in every surveyed township of the public
lands, and, where such section has been sold or othewise disposed of, other
lands equivalent thereto, and as contiguous as may be, shall be granted to
the State for the use of schools.
2. The seventy-two sections of land set apart and reserved for the tse
and support of a university, by an act of Congress approved on the twme




[ Rep. No. 380. ]
tieth day of May, eighteen hundred and twenty-six, entitled "An act concening a seminary of learning in the Territory of Michigan," shall,
together with such further quantities as may be agreed upon by Congress,
be conveyed to the State, and shall be appropriated solely to the use and
support of such university, in such manner as the Legislature may prescribe.
3d. Four entire sections of land, to be selected, under the direction of
the Legislature, from any of the unappropriated lands belonging to the
United States, shall be granted to the State for its use in establishing a seat
of Government.
4th. Seven hundred section's of the unappropriated public lands lying
within the State shall be designated, under the direction of the Legislature,
and granted the State for the purpose of internal improvement.  Said
lands, or the proceeds of the sale thereof, shall be appropriated to aid the
State in constructing one or more rail-roads or canals across the peninsula,
from Lake Erie or Detroit river to Lake Michigan, and also to aid in the construction of such other roads and canals, and in the improvement of such
rivers, as the Legislature may designate. And five per cent. of the nett
proceeds of the sale of all lands lying within the Territory or State, which
shall be sold by Congress from and after the first day of January, eighteen
hundred and thirty-six, after deducting all the expenses incident to the
same, shall be appropriated, two-fifths thereof obr the purposes before described in this proposition, and three-fifths for the encouragement 6f
learning.
5th. All salt springs within the State, and the lands reserved for the' use
of the same, at least one section including each spring, shall be granted to
the State, to be used or disposed of as the Legislature may direct.
6th. The roads commenced in this State, for the construction of which
appropriations have been made by Congress, shall be completed and put in
repair at the expense of the United States.
7th. The first Senators and Representative or Representatives elected to
Congress from this State are hereby authorized and empowered to make
or assent to such other propositions, or to such variations of the propositions herein made, as the interests of the State may require; and any such
changes or new propositions, when approved by the Legislature, shall be
as obligatory as if the assent of this convention were given thereto; and all
stipulations entered into by the Legislature in pursuance of the authority
herein conferred, shall be considered articles of compact between the
United States and this State; and the Legislature is hereby further authorized to declare, in behalf of the people of Michigan, if such declaration be
proposed ty Congress, that they will never interfere with the primary disposal, under the authority of the United States, of the vacant lands within
the limits of this State.
JOHN BIDDLE, President.
CHARLES W. WHIPPLE, )crtaris.
MARSHAL J. BACON,           etMe
I, John Biddle, president of the convention to form a constitution, do
hereby certify the foregoing to be a true copy of the constitution adopted
by the said convention.
In witness whereof, I have hereunto set my hand this 23d day of November A. D. 1835.
JOHN BIDDLE, President of the Conventiom.




[ Rep. No. 38*.) ] 
B No. 1.
Extractfrom the Charter of the Province of the Massackusetts Bay, in
New England, 7th October, 1691.
WILLIAM and MARY, by the grace of GoT, King and Queen of England,
Scotland, France, and Ireland, defenders of the faith, &c. to all to whom
these presents shall come, greeting:
We do; by these presents, for us, our heirs and successors, will and
ordain, that the territories and colonies commonly called or known by the
names of the Colony of the Massachusetts Bay, and Colony of New Plymouth, the province of Maine, the territory called Acadia or Nova Scotia
and the said province of Maine, be erected, united and incorporated; and
we do, by these presents, unite, erect and incorporate the same into one
real province, by the name of our province of the Massachusetts Bay in
New England; and for especial grace, certain knowledge and mere motion,
we have given and granted, and by these presents, for us, our heirs and
successors, do give, grant and bequeath unto our good subjects, the inhabitants of our said province or territory of the Massachusetts Bay, and their
successors, all that part of New England in America, lying and extending
from the great river, commonly called Monomack, alias Merrimack, on the
north part, and from three miles northward of the said river, to the Atlantic,
or Western Sea or Ocetan. on the south part, and all the lands and hereditaments whatsoever, lying within the limits aforesaid. and extending as far
as the outermost points or promontories of land call  Cape   od, and Cape
Malabar, north and south, and in latitude, breadth, and in length, and
longitude, of and witlin all the breadth and compass aforesaid, throughout
the main land there, from the said Atlantic or Western Sea and Ocean on
the east part, towards the South Sea or westward, as far as our colonies of
Rhode Island, Connecticut, and the Naragansett country; and also, all that
part and portion of main land, beginning at tle entrance of Piscataqua
harbor, and so pass up the same into the river Newuhwannock, and through
the same into the furthest head thereof, and from thence, northwestward,
till one hundred and twenty miles be finished; and from Piscataqua harbor
mouth albresaid, northwestward, along the sea coast, to Sagadehock, and
up the river thereof, to Kennybecky river, and through the same. to the
head thereof, and unto the land northwestward untiT one hundred and
twenty miles be ended, being accounted from the mouth of Sagadehock,
and from the period of one hundred and twenty miles aforesaid, to cross
over land to the one hundred and twenty miles before reckoned up, into
the land from Piscataqua harbor, through Newuhwannock river; and also,
the north half of the Isles of Shals, together with the Isles of Capawock
and Nantuckett, near Cape Cod aforesaid; and also, the lands and hereditaments lying and extending between the said country or territory of Nova
Scotia and the said river of Sagadehock, or any part thereof.
[The old patents granted by the Council of Plymouth, for Massachusetts
and Plymouth, are dated 1627 and 1629, respectively. The first Massachusetts charter granted on 4th March, 1628-9, to the patentees, (Sir Henry
Rosewell and others) by King Charles I, was vacated by quo warranto, in
1684. The grant for Maine to Sir Georges, dated April 3, 1639, had been
purchased by Massachusetts in 1674. The charter of 1691, unites those
several grants, and adds to them Acadia or Nova Scotia, and country lying
between it and the Kennebec river, the eastern boundary of Maine.]




44                    r    p. Nao. 38$0   -
B No. 2.
Extract from the grant of Charles the Second to James Duke of York.
12th March, 1663-4.
Know ye that we, for divers good causes, &c. have, &c. &c. and by these
presents, &c. do give and grant unto our dearest brother, James D)uke of
York, his heirs and assigns, all that part of the main land of' New England,
beginning at a certain place called or known by the name of St. Croix,
next adjoining to New Scotland in America; and from thence extending
along the sea coast unto a certain place called Pamaquie or Pamaquid, and
so -up the river thereof to the farthest head of the same as it tendeth northward; and extending fiom thence to the river of Kinbequin, and so upwards, by the shortest course, to the river Canada northward. And also
that island or islands commonly called by the several name or names of
Motowacks or Long Island, situate, lying, and being towards the west of
Cape Cod and the Narrow Higansets, abutting upon the mainland between
the two rivers, there called and known by the several names of Connecticut
and Hudson's river; together, also, with the said river called Hudson's
river; and all the lands from the west side of Connecticut river to the east
side of Delaware Bay. And also all those several islands called or known
by the name of Martha's Vineyard and Nantuckes, or otherwise Nantucket.
[The preceding grant merged in the Crown by the accession of' the Duke
of York (James the second) to the throne. The territory between Pemaquid
and St. Croix was, by the charter of 1692, annexed to Massachusetts. A
part of the territory between Hudson and Delaware rivers, had been transferred by the Duke of York, and formed New Jersey. The residue of the
grant constituted the regal government of New York. to which the jurisdiction over the territory of the "Six Nations" seems to have been annexed.]
B No. 3.
Extract from the Second Charter of Virginia.
Sec. 6. And we do also of our special grace, &c. give &c. unto the said
treasurer and company, &c. all those lands, countries, and territories,
situate, lying, and being in that part of America called Virginia, from the
point of land called Cape or Point Comfort, all along the sea coast to the
southward 200 miles; and all that space and circuit of land lying from
the sea coast of the precinct aforesaid up into the land throughout from sea
to sea west and northwest; and also all the islands lying within one hundred miles along the coast of both seas of the precinct aforesaid.
[The first charter, dated 10th of April, 1606, extended along the sea coast
from the 34th to the 41st degree of north latitude, but only fifty miles inland. Third charter, dated March 12, 1612, annexed to Virginia all the
islands within three hundred leagues of the coast. These three charters
were vacated by quo warranto before the 15th of July, 1624, on which
day a commision issued for the government of Virginia, without making,
J owever, ajmy alteration in boundaries-established by the secoffd charter.
The colony was afterwards curtailed on the north by the grant to Lord




[   ep. NSo. 3^0    ]                   45
Baltimore and to William Pens, and on the south by that to the proprietors of Carolina. The charters of Maryland and Pennsylvania are net
inserted, as these States made no cession to the United States: New York,
Connecticut, and Massachusetts, being the only States that had, or laid any
claim to the territory north of the river Ohio and west of Pennsylvania,
the cession of those States has given to the United States an indisputable
title to the public lands within that territory as far west as the river Mississippi, which, by the treaty of 1763, was established as the boundary between British America and Louisiana: Note by the Editor of the Land
Laws.]
B No. 4.
Extract from the Charter of Connecticut. 23d April, 1662.
And know ye further that we, of our abundant grace, certain knowledge,
and mere motion, have given, granted, and confirmed, and by these presents for us, our heirs, and successors, do grant, and confirm, unto the said
governor and company, and their successors, all that part of our dominions
in New England in America, bounded on the east by Naragansett River.
commonly called Naragansett Bay, where the said river falleth into the
sea; and on the north by the line of the Massachusetts plantation; and on
the south by the sea; and in longitude as the line of Massachusetts colony
running from east to west, that is to say, from the said Naragansett Bay
on the east, to the South Sea on the west part, with the islands thereunto
adjoining, &c. &c.
[The first Connecticut patent to Lord Say and Seal was dated 19th
March, 1631. Whether the title of the patentees had become vested in the
colony of Connecticut before the year 1662, is now immaterial. so far as
relates to the United States. By an agreement originally made in 1683,
but not finally ratified till 1731 or 1733, the boundary between Connecticut
and New York was established. But Connecticut continued to claim the
land west of New York and within the limits of their charter. [ See the
first proviso to the act of Congress of the 28th April, 1800;, by which a
legislative act renouncing all claim west of that line, is required from Connecticut. ]
C No. 1.
Resolution of Congress of 30th October, 1779.
WHEREAS, The appropriation of vacant lands by the several States
durincg the continuance of the war, will, in the opinion of Congress, be
attended with great mischief: therefore,
Resolved, That it be earnestly recommended to the State of Virginia, to
reconsider their late act of Assembly for opening their land office: and that
it be recommended to the said State, and all other States similarly circtmstanced, to forbear setting or issuing warrants for unappropriated lands, or
granting the same during the continuance of the prasent was. (3d vol,
Journal, page 385.)                                        ' "




46                        [ Rep. No. 380. ]
C No. 2.
Extract from  3d vol. Journal oJ Congress, page 516.
Congress took into consideration the report of the committee to whom
were referred the instructions of the General Assembly of Maryland to
their delegates in Congress respecting the articles of confederation, and
the declaration therein referred to, the act of the Legislature of New York
on the same subject, and the remonstrance of the General Assembly of
Virginia; which report was ag(reed to, Whereupon,
Resolved, That copies of the several papers referred to the committee,
be transmitted, with a copy of the report, to the Legislatures of the several
States, and that it; be earnestly recommnended to tlhose States, who have
claims to the western country, to pass such laws, and give their delegates
in Congress such powers, as may effectuallv remove the only obstacle to a
final ratificatioll of the articles of confederation; ard that tie Legislature
of Maryland be earnestly requested to authorize thleir delegates in Congress
to subscribe tle said articles. (lPassed Septem-ber 6, 1780.)
C No. 3.
Extract from 3d vol..Journal of Con g'ress. parre 535.
Resolved, That the unappropriated lauds that may be ceded or relinquished to thle United States, by alny particular State, pursuant to the
recommendation of Congress, of the 6thl day of' September last, shall be
disposed of for the common, benefit of the United States, and be settled and
formed into distinct republican States, whlich shall become memlers of the
Federal Union, and have the same rights of sovereignty, freedom and
independence, as the other States; thlat eacl State which shall be so formed
shall contain a suitable extent of territory, not less than one hundred nor
more than one hundred and filty miles square, or as nlear tllereto as circumnstances will admit: that the necessary and reasonable expenses which
any particular State shall have incurred since the commencement of the
present rwar, in subduing any British posts, or in manintaininn forts or garrisons within, and for the defence, or in acquiring any part of the territory
that may be ceded or relinquished to the United Stales:shall be reimbursed.
(Passed October 10, 1780.)
(C No. 4.
E.ctract from the Journal of Col',ngress for 1782, '83: Sth vol. page 25S.
The committee, consisting of Mr. Rutledge, Mr. Ellsworth, Mr. Bedford,
Mr. Gorham, and Mr. Madison, to whom were ref;rred the act of the
Legislature of Virginia, of the 2d of January, 1781, and the report thereon:
Report, that they have considered the several matters referred to them,
and observe, that the Legislature of Virginia, by their act of the 2d of




[ Rep. No. 880. ]                        47
January, 1781, resolved that they would yield to the Congress.of the
United States, for the benefit of the said States, all right, title, and claim
which the said Commonwealth hath to the lands northwest ot.the river
Ohio, upon the following conditions, viz:
1. That the territory so ceded, should be laid out and formed into States
containing a suitable extent of territory, not less than one hundred nor
more than one hundred and fifty miles square, or as near thereto as circumstances will admit; and that the States so formed, should be distinct
republican States, and admitted members of the Federal Union; having
the same rights of sovereignty, freedom and independence as the other
States.
[Here follow six propositions not transcribed because irrelevant.]
8. That all the remaining territory of Virginia included between the
Atlantic ocean and the southeast side of the river Ohio, and the Maryland,
Pennsylvania and North Carolina boundaries, shall be guarantied to the
Commonwealth of Virginia, by the said United States. 
Whereupon your committee are of opinion that the first condition is
provided for by the act of Congress of the 10th of October, 1.780.
[Here follow parts of the report not transcribed. Irrelevant.]
As to the last condition, your committee are of opinion, that Congress
cannot agree to guaranty to the Conmonwealth of Viiginia, the land described in the said condition, without entering into a discussion of the
right of the State of Virginia to the said land; and that Iy the act of Congress, it appears to have been their intention, which the committee cannot
but approve, to avoid all discussion of the territorial rights of individnal
States; and only to recommend and accept a cession of their claims, whatsoever they might be, to vacant territory. Your committee conceive this
condition of a guaranty, to bed either unnecessary or unreasonable; inasmuch as if the land above mentioned is really the property of Virginia, it
is sufficiently secured by the consideration; and if it is not the property of
that State, there is no reason or consideration for such guaranty.
On the question to agree to this report, it was resolved in the affirmative.
C No. 5.
Extract from the Cession of the State of New  York, March Ist, 1781.
Now therefore, know ye, that we; the said James Duane, William Floyd,
and Alexander M'Dougall, by virtue of the power and authority, and in
execution of the trust reposed in us, as aforesaid, have judged it expedient
to limit and restrict, and we do, by these presents, for and in behalf of the
said State of New York, limit and restrict, the boundaries of the said
State on the western parts thereof, with respect to the jurisdiction, as well
as the right or pre-emption of soil, by the lines and in the form following,
that is to say;, a line from the northeast corner of the State of Pennsylvania along the north bounds thereof, to its northwest corued, continued
due west till it shall be intersected by a meridian line, to be drawa fron
the forty-fifth degree of north latitude; through the most westerly betid or
inclination of Lake Ontario; thence by the saidmeridian line to the fortylfifi
degree of north latitude; and thence by the said fory-fifthdegreef i:'b.




latitude; btt if, on experimnt, te above described meridian line shall not
eomprehend twenty miles due west from the most westerly bendor inclination of theriver or Strait of Nigara, then we do, by these presents, in the
name of the people, and for and in behalf of the State of New York, and
by virtue.of the authority aforesaid, limit and restrict the boundaries of
the said State in the western parts thereof with respect to jurisdiction, as
well as the right of pre-emption of soil, by the lines and in the manner
following, that is to say: a line from the northeast corner of the State of
Ptnnsylvania, along the north bounds thereof, to its northwest corner, continued due west until it shall be intersected by a meridian line to be drawn
from the forty-fifth degree north latitude, to a point twenty miles due west
from the most westerly bend or inclination of the river or Strait of Niagara,
thence by the same meridian line to the forty-fifth degree of north latitude,
and thence by the said forty-fifth degree of north latitude. And we do, by
these presents, in the name of the people, and for and on behalf of the State,
of New York, and by virtue of the power and trust committed in us by
the said act and commission, cede, transfer, and for ever relinquish to and
for the only use of such of the States as are or shall become parties to the
articles of confederation, all the right, title, interest, jurisdiction, claim,
&c. of said State of New York, to all lands and territories to the northward
and westward of the boundaries, to which the said State is, in manner
aforesaid, limited and restricted, and to be granted, disposed of, and appropriated in such manner only, as the Congress of the said United or
Confederated States shall order and direct.
C No. 6.
Extract from the Cession of the State of Virginia, March 1, 1784.
That it shall and may be lawful for the delegates of this State to the
Congress of the United States, or such of them as may be assembled in
Congress, and the said delegates, or such of them so assembled, are hereby
fully authorized and empowered for and on behalf of this State, by proper
deeds or instrument in writing, under their hands and seals, to convey,
transfer, assign, and make over unto the United States in Congress assembled. for the benefit of the said States, all right, title, and claim, as well of
soil as of jurisdiction, which this Commonwealth hath to the territory or
tract of country within the limits of the Virginia charter: situate, lying
and being to the northwest of the river Ohio, subject to the terms and
conditions contained in the before recited act of Congress of the thirteenth
day of September last: that is to say, upon condition that the territory so
ceded shall be laid out and formed into States containing a suitable extent
of territory, not less than one hundred, nor more than one hundred and
ffty miles square, or as near thereto as circumstances will admit; and that
the States so formed shall be distinct republican States, and admitted mem.
bers of the Federal Union, having the same rights of sovereignty, freedom,and independence, as the other States. [Here a provision was inserted
teserving certain.tracts of land ]
tnd.iwhereas the said General Assembly, by their resolution of June
onhfttoe  ouisaid seven hundred and eighty-three, had constituted and
pmd us^ithe said Thomas Jefferson, Samuel Hardy, Arthur Lee, and
)f  ^Moiiaoe, delegate Sto represent the said Commonwealth in Congress
for one year from the first Monday in November then next following, which




[ Rep. No. 380                          4$
resolution remaips in full force: Now, therefore, know ye, that we, the
said Thomas Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, by
virtue of the power and authority committed to us by the act of the said
General Assembly of Virginia before recited, and in the name, and for and
on behalf of the said Commonwealth, do, by these presents, convey, transfer, assign, and make ovtr unto the United States, in Congress assembled,
for the benefit of said States, Virginia inclusive, all right, title, and claim,
as well of soil as of jurisdiction, which the said Commonwealth hath to.
the territory or tract of country within the limits of the Virginia charter,
situate, lying, and being to the northwest of the river Ohio, to and for the
uses and purposes, and on the conditions of the said recited act. 'In testimony whereof, &c. &c.
C No. 7.
Extractsfron the Cessionl fromt the State of Massachulsetts, April 19th,
1785.
And whereas the said General Court, on the 17th day of June, in the
aforesaid year of our Lord 1784, did nominate and appoint the aforesaid
Samuel Holton, and on the third day of November following, the aforesaid
Kufus King, delegates to represent the said Commonwealth of Massachusetts in the Congress of the United States of America, for one year, from
the first Monday in November, in the said year 1784, which appointment
remains in full force. Now, therefore, know ye, that we, the said Samuel
Holton and Rufus King, by virtue of the power and authority to us committed by the said acts of the General Government of Massachusetts before
recited, in the name, and for and on behalf of the said Commonwealth of Massachusetts, do by these presents, assign, transfer, quit-claim, cede, and convey
to the United States of America, for their benefit, Massachusetts inclusive,
all right, title, and estate, of and in as well the soil as the jurisdiction which
the said Commonwealth hath to the territory or tract of country, within
the limits of the said Massachusetts Bay, situate and lying within the following line; that is to say, a meridian line to be drawn from the 45th deg.
of north latitude, through the westerly strait or inclination of Lake Ontario, thence by the said meridian line, to the most southerly side line of the
territory contained in the Massachusetts charter; but if, on experiment, the
above described mpridian shall not comprehend twenty miles due west,
from the most westerly bend or inclination of the river or strait of Niagara,
then we do, by these presents, by virtue of the power and authority, in
the name and on behalf of the said Commonwealth of Massachusetts,
transfer, quit-qlaim, cede, and convey to the United States of America, for
their benefit, Massachusetts inclusive, all right, title and estate, of anl in,
as well the soil as the jurisdiction, which the said Commonwealth hath to
the territory or tract of country within the limits of the Massachusetts
charter, situate and lying west of the following line; that is 'to say, a meridiai line to be drawn from the 45th deg. of north-latitude, through a point
twenty miles due west, from the most westerly bend or inclination of the
river or strait of Niagara, thence by the stme meridian line to the most
southerly side lins ofths territory c~nttaned in the Massachusetts charter
4




s0                    [ Rep. No. 380. ]
aforesaid, for the purposes in the said recited acts declared, and to the uses
in a resolve of Congress, of the 10th day of October,-1780. In testimony
whereof, &c. &c.
C No. 8.
Extrsct from the Cession from the State of Connecticut, September 14,
1786.
Whereas the General Assembly of the State of Connecticut, oil the
second Thursday in May, in the year of our Lord, one thousand seven
hundred and eighty-six, passed an act in the following words, viz: Be it
enacted, by the Governor, Council, and Representatives, in General Court
assembled, and by the'authority of the same, that the delegates of this State,
or any two of them, who shall be attending the Congress of the United
States, be, and tley are hereby directed, authorized, and fully empowered,
in the name and'behalf'of this State, to make, execute, and deliver under,their hands and seals, an ample deed of release and cession, of all the right,
title, interest, jurisdiction, and claim, of the State of Connecticut. to. certain
western lands, beginning at the completion of the forty-first degree of north
latitude, one hundred and twenty miles west of the western boundary line
of the Commonwealth of Pennsylvania, as now claimed by said Commonwealth, and from thence by a line drawn north, parallel to, and one hundred
and twenty miles west of the said west line of Pennsylvania, and to continue north until it comes into forty-two degrees and two minutes north
latitude. Whereby all the right, title, interest, jurisdiction and claim, of the
State of Connecticut, to the lands lying west of the said line to be drawn as
aforementioned, one hundred and twenty miles west of the western boundary line of. the Commonwealth of Pennsylvania, as now claimed by said
Commonwealth, shall be included, released and ceded to the United States in
Congress assembled, for the common use and benefit of the. said States,
Connecticut inclusive. Now, therefore, know ye, that we, the said Samuel
William Johnson, and Jonathan Sturges, by virtue of the power and authority to us committed by the said act of the General Assembly of Connecticut, before recited, in the name and for and on behalf of the said State of
Connecticut, do by these presents assign, transfer, quit-claim, cede and convey to the United States of America, for their benefit, Connecticut inclusive, all the right, title, interest, jurisdiction and claim, which the said State
of Connecticut hath in and to the before mentioned and described territory or
tract of country, as the same is bounded and described in the said act of
Assembly, for the uses in the recited act of Assembly declared. In witness
whereof, &c. &c.
C No. 9.
Extract from resolution of Congress, 23d April, 1784.
Resolved, That so much of the territory ceded by individual States 4o
the United States, as is already purchased, or shall be purchased, of the
Indian inhabitants, and offered for sale by Congress, shall be divided into




[ Rep. No. 380. ]                        51
distinct States in the following manner, as nearly as the cessions will admit:
that is to say, by parallels of latitude, so that each State shall comprehend
from north to south two degrees of latitude, beginning to count from the
completion of forty-five degrees north of the equator, and by meridians of
longitude, one of which shall pass through the lowest point of the rapids
of Ohio, and the other through the western cape of the mouth of the Great
Kanhaway; but the territory eastward of this last meridian, between the
Ohio, Lake Erie, and Pennsylvania, shall be one State, whatsoever may
be its comprehension of latitude: that which may be beyond the completion of the 45th degree, between the said meridians, shall make part of the
State adjoining it on the south; and that part of the Ohio which is between
the same meridians, coinciding nearly with the parallel of 39 degrees, shall
be substituted so far, in lieu of that parallel, as a boundary line. That the
settlers on any territory so purchased and offered for sale, shall, either on
their own petition, or on the order of Congress, receive authority from
them, with appointments of time and place, for their free males of full age,
within the limits of the State, to meet together for the purpose of establishing a temporary government, to adopt the constitution and laws of any
one of the original States; so that such laws, nevertheless, shall be subject
to alteration by their ordinary Legislature; and to erect, subject to a like
alteration, counties, townships, or other divisions, for the election of members for their Legislature.
That when any'such State shall have acquired twenty thousand free
inhabitants, on giving (lue proof thereof to Congress, they shall receive
from them authority, with appointments of time and place, to call a convention of representatives to establish a permanent constitution and government for themselves.
C No. 10.
Friday, July 7,1786. Congress assembled: present.as before.
Congress took into consideration a report of a grand committee, to
whom, among other things, was referred a motion of Mr. Monroe, respecting
the cessions of western territory, and forming the same into States, and the
committee having submitted that it be
Resolved, " That it be recommended to the Legislatures of the States of
Massachusetts and Virginia, to take into consideration their acts of cession,
and revise the same, so far as to empower the United States in Congress
assembled, to make such division into States of the ceded lands and territory, as the situation of the country and future circumstances may require;
with this limitation and condition, however, that all the territory of the
United States, lying northwest of the river Ohio, shall be formed into a number of States, not less than two, nor more than five, to be admitted into the
confederacy on the principles and in the forms heretofore established and
provided."
A motion was made by Mr. Grayson, seconded by Mr. Lee, to postpone
the consideration of the same, in order to take up the following:
"That it be recommended to the States of Virginia and Massachusetts,
so to alter their a4ts of cession, as that the States in tha western territory
may be bounded as follows: There shall be three States between the Ohio
and a line running due east from the Mississippi to the eastern boundary




52 %;[ Rep; No. 380. ]
of the United States, so as to touch the most southern part of Lake Michigan.
-   "The State lying on the Mississippi shall be separated from the middle
State by a line running north from the western side of the mouth of the
Wabash river, till it intersects the said east line; the middle State shall be
separated from the others by the aforesaid line, and a line running also due
north from the western side of the m6uth of the Big Miami, till the intersection thereof with the said east line; and the other State shall be divided
from the middle State by the said line, the said east line; Lake Erie, the
bounds of Pennsylvania, the other original States, and Ohio; there shall
be a State between the said east line, Lake Michigan, Lake Huron, and the
straits of Michilimackinack; and another between the said east line, the
Iake Michigan and Superior, and the boundary line of the United States
and the river Mississippi to be admitted into the confederacy on the principles, and in the form, heretofore established and provided."
And on the question to postpone for the purpose above mentioned, the
yeas and nays being required by Mr. Grayson:
New Hampshire      -        No. Pennsylvania    -   -    -    No.
Massachusetts -    -    -,No. Maryland      -    -    -   Aye.
Rhode Island  -    -       Aye. Virginia       -    -        Aye.
Connecticut        -    -   No. North Carolina -             Aye.
New York      -    -    Divided. South Carolina -   -     Divided.
New Jersey    -    -    -   No. Georgia    -    -   -        Aye.
So the question was lost.
A motion was then made by Mr Pinckney, seconded by Mr. Symmes, to
strike out the words, " with this limitation and condition, however, that all
the territory of the United States lying northwest of the river Ohio, &c.
to the end."
And on the question, Shall those words stand? the yeas and nays being
required by Mr. Grayson:
New Hampshire      -    -   No. Connecticut         -     - No.
Massachusetts -    -    -   No. New York        -      - Aye.
Rhode Island  -    -    -   Aye. New Jersey        -     -Divided.
Maryland      -    -    -   Aye. Pennsylvania   -      - No.
Virginia      -    -   -   Aye. South Carolina -          No.
-North Carolina -           Aye. Georgia-        -     - Divided.
So the question was lost, and the words were struck out.
The resolution being amended to read as follows:
That it be recommended to the Legislature of Virginia to take into consideration their act of cession, and revise the same, so far as to empower
the United States, in Congress assembled, to make such a division of the
territory of the United States. lying northerly and westerly of the river Ohio,
into distinct republican States, not more than five nor less than three, as
the sittation of that country and future circumstances may require; which
States shall hereafter become members of the Federal Union, and have the
same rights of sovereignty, freedom, and independence as the original States,
in conformity with the resolution of Congress of the 10th October, 1780.
On the question to agree to the resolution as amended, the yeas and
nays being required by Mr. Grayson:




/
[ Rep. No. 380. ]                       S3
New Hampshire        -     Aye.   Pennsylvania     -      - Aye.
Massachusetts    -      - Aye.    Maryland  -               Aye.
Rhode Island     -      - Aye.    Virginia  -      -      - Aye.
Connecticut          -     -Aye.  North Carolina   -      - Aye.
New York         -      - Aye.    South Carolina   -        Aye.
New Jersey              - -Aye.   Georgia      -     -   - Aye.
So it was resolved in the affirmative.
The report being further amended, the whole was agreed to as follows:
Whereas it appears from the knowledge already obtained of the tract of
country lying northwest of the river Ohio, that the laying it out and forming it into States, of the extent mentioned in the resolution of Congress, of
the 10th of October, 1780, and in one of the conditions contained in the
cession.of Virginia, will be productive of many and great inconveniences.
That by such a division of the country some of the New States will be de-,
prived of the advantages of navigation, some will be improperly intersected
by lakes, rivers, and mountains, and some will contain too great a proportion of barren unimprovable land, and of consequence will not for many
years, if ever, have a sufficient number of inhabitants to form a respectable
government, and entitle them to a seat and voice in the Federal Council.
And whereas, in fixing the limits and dimensions of the next States, due
attention ought to be paid to natural bouindarics and a variety of circumstances which will be pointed out by a more perfect knowledge df the
country; so as to provide for the fiture growth and prosperity of each
State, as well as for the accommodalion and security of the first adventurers.
In order, therefore, that the ends of Government may be attained, and that
the States which shall be formed may becom' a speedy and sure accession
of strength to the confederacy:
Resolved, That it be, and hereby is, recommended to the Legislature of,
Virginia to takle into consideration their act of'cession, and revise the same,
so far as to empower the United States, in Congress assembled; to make
such a division of the territory of the United States, lying northerly and
westerly of tie river Ohio, into distinct republican States, not more than
five nor less than three, as the situation of that country and future circumstances may require; whiclh States shall hereafter become members of the
Federal Union, and have the same rights of sovereignty, freedom and independence as the original States, in conformity with the resolution of Congress of the 10th of October, 1780.
C No. 11.
Extract from the Ordinance for the government of the Territory of the
United States Northwest of the River Ohio, July 13, 1787.
SECTION 1. Be it ordained by the United States in Congress assembled,
That the said Territory, for the purposes of temporary government, be
one district, subject, however, to be divided into two districts, as future
circumstances may, in the opinion of Congress, make it expedient.
ARTICLE 5. There shall be formed in' the said Territory, not less than
three, nor more than five States, and the boundaries of the States, as soon as
Virginia shall alter her act of cession and consent to the samte, shall bIecome
fixed and established as follows, to wit: The western State in said Territor
shall be bound by the, Mississippi, the Ohio, and Wabash rivers, a direct line




54                    [ Rep. No. 380. ]darwn from theWabash and Post Vincents, due north, to the territorial line
between the United States and Canada, and by the said territorial line to the
Lake of the Woods, and Mississippi. The middle State shall be bounded by
the said direct line, the Wabash, from Post Vincents to the Ohio, by the Ohio,
by a direct line drawn due north from the mouth of the Great Miami to the
said territorial line, and by tile said territorial line. The Eastern State shall be
bounded by the last mentioned direct line, tle OhioPennsylvania, and the
said territorial line: provided, however, and it is further understood and
declared, that the boundaries of these three States shall be subject so far to
be altered, that if Congress hereafter find it expedient; they shall have authority to form one or two States in that part of said Territory which lies
lies north of an east and west line drawn through the southerly bend or
extreme of Lake Michigan. And whenever any of the said States shall
have sixty thousand free inhabitants therein, such State shall be admitted,
by its delegates, into the Congress of the United States,on an equal footing
with the original States in all respects whatever; and shall be at liberty to
form a permanent constitution and State Government: Provided, the constitution and government so to be formed, shall be republican, and in conformity to the principles contained in these articles; and so far as it can be
consistent with the general interest of the confederacy, such admission shall
be allowed at an earlier period, and when there may be a less number of
free inhabitants in the State than sixty thousand.
SECTION 2. Be it ordained by the authority aforesaid, that the resolutions of the 23d of April, 1784, relative to the subject of this ordinance, be,
and the same are hereby, repealed and declared null and void. Done, &c.
C No. 12.
Act of Virginia of 30th December, 1788.
WHEREAS, the United States in Congress assembled, did, on the seventeenth
day of July, in the year of our Lord one thousand seven hundred and
eighty-six, state certain reasons, showing that a division of tle territory. whiclh has been ceded to tile said United States, by this Commonwealth, into States, in conformity to the terms of cession, should the same
be adhered to, would be attended with many inconveniences, and did
recommend a revision of the act of cession, so far as to empower Congress to make such a division of the said territory into distinct and
republican States, not more than five nor less than three in number, as
the situation of that country and future circumstances might require:
And the said United States, in Congress assembled, have, in an ordinance
for the government of the rTerritory Northwest of the River Ohio, passed
on the thirteenth of July, one thousand seven hundred and eighty-seven,
declared the following as, one of the articles of compact between the
original States and the people and States in the said Territory, viz:
And it is expedient that the Commonwealth do assent to thd proposed
alteration, so as to ratify and confirm the said article of compact between the
original States and the people and States.of the said Territory.




[ Rep. No. 380. ]                         55
2. Be it enacted, therefore, by the General Assembly, That the afore re
cited article of compact, between the original States and the people and
States in the Territory Northwest- of the Ohio river be, and the same is
hereby, ratified and confirmed, any thing to the contrary in the deed of
cession of the said territory by this Commonwealth to the United States,
notwithstanding.
DNo. 1.
AN ACT to divide the Territory of the United States Northwest of the River Ohio into two
separate Governments.
Sec. 1. Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That from and
after the fourth day of July next, all that part of the territory of the United
States northwest of the Ohio river, which lies to the westward of a line
beginning at the Ohio, opposite to the mouth of the Kentucky river, and
running thence to Fort Recovery, and thence north, until it shall intersect
the territorial line between the United States and Canada, shall, for the
purpose of temporary government, constitute a separate Territory, aid be
called the Indiana Territory.
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 the inhabitants thereof shall be entitled to, and enjoy, all and singular the rights,
privileges, and advantages, granted and secured to the people by the said
ordinatce.
Sec. 5. And be it further enacted, That nothing in this act contained
shall be construed so as in any manner to affect the government now in
force in the territory of the United States northwest of the Ohio river,
further than to prohibit the exercise thereof, within the Indiana Territory,
from and after the aforesaid fourth day of July next: Provided, That
whenever that part of the territory of the United States, which lies to the
eastward of a line beginning at the mouth of the Great Miami river, and
running thence, due north, to the territorial line between the United States
and Canada, shall be erected into an independent State, and admitted into
the Union.on an equal footing with the original States, thenceforth said
line shall become and remain permanently the boutdary line between such
State and tlie Indiana Territory: any thing in this act contained to the
contrary notwithstanding.
Sec. 6. And be it further enacted, That, until it shall be otherwise
ordered by the Legislatures of the said Territories, respectively, Chillicothe,
on the Scioto river, shall be the seat of tlie Government of the, Territory of
the United States Northwest of the Ohio river: and that Saint Vincennes,
on the Wabash river, shall be the seat of the Government for the Indiana
Territory. [Approved, May 7,1800.]




j I,Rep. No. f8(. ]
D No. 2.
AN-ACT to enable the people of the eastern division of the Territory Northwest of the River
' Ohio, to form a Constitution and State Government, and for the admission of such State
into the Union on an qtlal footing with the original States, and for other purposes.
SECTION 1. Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That the inhabitants of the eastern division of the Territory Northwest of the River Ohio,
be, and they are hereby, authorized to form for themselves a constitution and
State Government, and to assume such name as they shall deem proper;
and the said State when formed, shall be admitted into the Union upon the
same footing with the original States in all respects, whatever.
SECTIOn 2. And be it further enacted, That the said State shall consist
of all the territory included within the following boundaries, to wit: bounded
on the east by the Pennsylvania line, on the south by the river Ohio, to
the mouth of the Great Miami river, on the west by the line drawn due north
from the mouth of the Great Miami aforesaid, and on the north by an east and
west line drawn through the southerly extreme of Lake Michigan, running
east, after intersecting the due north line aforesaid, from the mouth of the
Great Miami, until it shall intersect Lake Erie, or the territorial line, and
thence, with the same, through Lake Erie, to the Pennsylvania line aforesaid: Provided, that Congress shall be at liberty, at any time hereafter,
either to attach all the territory lying east of the line to be drawn due north
from the mouth of the Miami aforesaid, to the territorial line, and north ot
an east and west line drawn through the southerly extreme of Lake Michigan; running east, as aforesaid to Lake Erie, to the aforesaid State, or dispose
of it otherwise, in conformity to the fifth article of compact between the
original States and the people and States to be formed in the Territory
Northwest of the River Ohio.
SECTION 3. And be it further enacted, That all that part of the territory
of the United States northwest of the river Ohio, heretofore included in the
eastern division of said territory, and not included within the boundary
herein prescribed for the said State, is hereby attached to, and made a part
of, the Indiana-Territory, from and after the formation of the said State,
subject, nevertheless, to be hereafter disposed of by Congress according to
the rights reserved in the fifth article of the ordinance aforesaid; and the
inhabitants therein shall be entitled to the same privileges and immunities,
and subject to the same rules and regulations, in all respects whatever, with
all other citizens residing within the Indiana Territory.
SECTION 4. And be it further enacted, That the members of the convention, thus duly elected, be, and they are hereby authorized, to meet at
Chillicothe on the first Monday in November next, which convention, when
met, shall first determine, by a majority of the whole number elected,
whether it be or be not expedient, at that time, to form a constitution and
State Government for the people within the said Territory; and if it be
determined to be expedient, the convention shall be, and hereby are authorized
to form a constitution. and State Government; or if it be deemed more
expedient, the said convention shall provide by ordinance for electing representatives to form a constitution or frame of government; which said
representatives shall be chosen in such manner, and in such proportion
and shall meet at such time and place, as shall be prescribed by the said
ordinance, and shall form for the people of said State a constitution and.
state Government,




[ Rep. No. 380. 3                         57
Provided, The same shall be republican and not repugnant to the ordinance of the 13th of July, 1787, between the original States and'the people
and States of the Territory Northwest of,the River Ohio.
Approved 30th April, 1802.
D No. 3.
Extract from the 7th article of the Consittition of the State of Ohio.
SEC. 6. That the limits and boundaries of this State be ascertained, it is
declared; that they are as hereafter mentioned, that is to say: bounded on
the east by the Pennsylvania line, on thllesouth by the Ohio river to, the
mouth of the Great Miami river, on the west by the line drawn due north
from the mouth of the Great Miami river aforesaid, and on the north by an
east and west line drawn through the southerly extreme of Lake Michigan,
running east after intersecting the due north line aforesaid, from the mouth
of the Great Miami until it shall intersect Lake Erie or the territorial line,
and thence with tlhe same through Lake Erie to the Pennsylvania line
aforesaid: Provided always, a(nd it is hereby fully zunderstood and declared bg this Convention, That if the southerly bend or extreme of Lake
Michigan should extend so far south that a line drawn due east from it
should not intersect Lake Erie, or if it should intersect thd said Lake Erie
east of the mouth of the Miami river of the Lake, then and in that case,
with the assent of the Congress of the United States, the northern boundary of this State shall be established by, and extended to, a direct line
running from  the southern extremity of Lake Michigan'to the most
northerly cape of the Miami bay, after intersecting the due north line from
the mouth of the Great Miami river as aforesaid, thence northeast to the
territorial line, and by the said territorial line, to the Pennsylvania line.
D No. 4.
AN ACT for dividing the Indiana Territory into two separate Governments.
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That
from and after the first day of March next, all that part of the Indiana
Territory which lies west of the Wabash river, and a direct line drawn
from the said Wabash river and Post Vincennes, due north, to the territorial line between the United States and Canada, shall, for the purpose of
temporary government, constitute a separate Territory, and be called Illinois.
SECTION 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 13th day of July, 1787,
for the government of the Territory of the United States, Northwest of the
River Ohio, and by an act passed on the 7th day of August, 1789, entitled
" An act to provide for the government of the Territory Northwest of the




5~8  `[ Rep. No. 380. ]
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.
Approved February 3, 1809. 
D No. 5.
AN ACT to enable the people of the Indiana Territory to form a Constitution and State
Government, and for the admission of such State into the Union, on an equal footing with
the original States.
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That
the inhabitants of the Territory of Indiana be, and they are hereby authorized to form for themselves a constitution and State Government, and to
assume such name as they shall deem proper; and the said State, when
formed, shall be admitted into the Union, upon the same footing with the
original States, in all respects whatever.
SECTION 2. And be it further enacted, That the said State shall consist of all the territory included within the following boundaries, to wit:
bounded on the east by the meridian line which forms the western boundary of the State of Ohio; on the south by the river Ohio, from the mouth
of the Great Miami river to the mouth of the river Wabash; on the west
by a line drawn along the middle of the Wabash, from its mouth to a point
where a due north line drawn from the town of Vincennes would last
touch the northwestern shore of the said river; and from thence, by a due
north line,' lntil the sarne shall intersect an east and west line, drawn
through a point ten miles north of the southern extreme of Lake. Michigan; on the north by the said east and west line, until the same shall
intersect the first mentioned meridian line which forms the western boundary of the State of Ohio: Provided, that the convention hereinafter provided for, when formed, shall ratify the boundaries aforesaid; otherwise
they shall be and remain as now prescribed by the ordinance for the government of the Territory Northwest of the River Ohio: Provided also,
that the said State shall have concurrent jurisdiction on the river Wabash,
with the State to be formed west tlereof, so far as tile said river shall form
a common boundary to both.
SECTION 4. And be it jfrther enacted, That the members of the convention thus duly elected be, and they are hereby, authorized to meet at the
seat of the Government of the said Territory, on the second Monday of
June next; which convention, when met, shall first determine, by a majority of the whole number elected, whether it be or be not expedient at
that time to form a constitution and State Government for the people
within the said Territory; and if it be determined to be expedient, the
convention shall be, and hereby are, authorized to form a constitution and
State Government: or if it be deemed more expedient, the said convention
shall provide by ordinance for electing representatives to form a constitution or frame of government, which said representatives shall be chosen in
such manner, and in such proportion, and shall meet at such time and
place as shall be prescribed by the said ordinance, and shall then form, for




[  ep. No. 380. ]
the people of said Territory, a constitution and State Government: Provided, that the same, whenever formed, shall be republican, and not repugnant to those articles of the ordinance of the 13th of July, 1787, which
are declared to be irrevocable between the original States and the people
and States of the Territory Northwest of the River Ohio, excepting so
much of said articles as relate to the boundaries of the States therein to be
formed.
Approved, April 19, 1816.
D No. 6.
AN AOT to enable the people of the Illinois Territory, to form a constitution and State
Government, and for the admission of such State into the Union on an equal footing with
the original States.
SEC. 1. Be it enacted by the Senate and House of Representatives
of he United States of America, in Congress assembled, That the
inhabitants of the Territory of Illinois be, and they are hereby, authorized
to form for themselves a constitution and State Government, and to assume
such name as they shall deem proper; and the said State, when formed,
shall be admitted into the Union upon the same footing with the original
States, in all respects whatever.
SEc. 2. And be it further enacted, That the said State shall consist of
all the territory included within the following boundaries, to wit: Beginning at the mouth of tlhe Wabash river; thence up the same, and witli the
line of Indiana; to the northwest corner of the said State; thence east with
the line of the same State, to the middle of Lake Michigan; thence north
along the middle of said lake, to north latitude '42~ 30'; thence west to
the middle of the Mississippi river; and thence down along the mniddle of
that river, to the confluence with the Ohio river; and thence up the latter
river, along its northwestern shore, to the beginning: Provided, That the
convention herein after provided for, when formed, shall ratify the boundaries aforesaid; otherwise they shall be and remain as now prescribed by
the ordinance for the government of the Territory Northwest of the River
Ohio: Provided also, That the said State shall have concurrent jurisdiction with the State of Indiana. on the Wabash river, so far as said. river
shall form a common boundary to both, and also concurrent jurisdiction on
the Mississippi river with any State or States to be formed west thereof,
so far as said river shall form a common boundary to both.
SEC. 7. And be it further enacted, That all that part ot 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,
slhall be, and hereby is attached to, and made a part of the Michigan Territory, from and after the formation of the said State; subject, nevertheless,
to be hereafter 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 subject to the
same rules and regulations, in all respects, with the, other citizens of the
Michigan Territory.
Approved, April 18, 1818.




Atb              [wI Rep. No. 390. ]
DNo. 7.
Extracs from an act, approved April 7th, 1798, ch. 45, vol. 3. Laws U. S.
page 39, entitled, '" An act for an amicable settlement of the limits
with the State of Georgia, and authorizing the establishment of a
Government in the Mississippi Territory."
SECTION 3. Be it further enacted, That all that tract of country,
bounded on the west by the Mississippi, on the north by a line to be drawn,due east from the mouth of the Yasous to the Chattahoochee river, on the
easf by the river Chattahoochee, and on tie south by the thirty-first degree
north latitude, shall be, and hereby is, constituted one district, to be called
the Mississippi Territory: and the President of the United States is hereby
authorized to establish therein a Government, in all respects similar to that
now exercised in the Territory Northwest of the River Ohio, excepting and
including the last article of the ordinance made for the government thereof
by the late Congress, on the thirteenth day of July, one thousand seven hundred and eighty-seven, and by, and with the consent of the Senate, to appoint
all the necessary officers therein.
SECTION 4. Be it further enacted, That the Territory hereby constituted one district, for the purposes of government, may, at the discretion ot
Congress, be hereafter divided into two districts, with separate Territorial
Governments in each, similar to that established by this act.
SECTION 6. Be it further enacted, That. from and after the establishment of the said Government, the people of the aforesaid Territory shall
be entitled to, and enjoy, all and singular, the rights, privileges, and advantages, granted to the people of the United States northwest of the river
Ohio, in and by the aforesaid ordinance of the thirteenth day of July, one
thousand seven hundred and eighty-seven, in as full and ample a manner
as the same are possessed and enjoyed by the people of the same last
mentioned Territory.
D No. 8.
Extract fron an act to enlarge the boundaries of the Mississippi Territory, approved lay 14, 1812, ch. 407, vol. 4, Laws U. S. page 432.
SECTION 1. Be it enacted, i'c. That, all that portion of territory lying
east of Pearl river, west of the Perdido, and south of the thirty-first degree
of latitude, be, and the same is hereby, annexed to the Mississippi Territory,
to be governed by the laws now in force therein, or which may hereafter
be enacted, and the laws and ordinances of the United States relative
thereto, in like manner as if the same had originally formed a part of said
Territory; and until otherwise provided by law, the inhabitants of the said
district hereby annexed to the Mississippi Territory shall be entitled to one
representative in the General Assembly thereof.




[ Rep. No. 380. ]~


614


D No, 9.
Extract from an act, entitled "An act to enable the people of the western
part of the Mississippi to form a donstltution and State Government,"
approved March 1, 1817, ch. 119, vol. 6, page 175, laws U. S.
SECTION 2. Be it further enacted, That the said State shall consist of
all the territory included within the following boundaries, to wit: beginning
on the river Mississippi, at the point where the southern boundary line of
the State of Tennessee strikes the same; thence east, 'along the said boundary line, to the Tennessee river; thence up the same to the mouth of Bear
creek; thence by a direct line to the northwest corner of the county of
Washington; thence due south to the Gulf of Mexico; thence westwardly,
including all the islands within six leagues of the shore, to the most eastern junction of Pearl river with Lake Borgne; thence up said river to the
thirty-first degree of north latitude; thence west along the said degree of
latitude to the Mississippi river; thence up the same to the beginning.
E No. 1.
An Act to provide for the due execution of the laws of the United rStategs
within the State of Ohio.
Whereas the people of the eastern division of the Territory Northwest of
the River Ohio did, on the 29th day of November, one thousand eight hundred and two, form for themselves a constitution and State Government,
and did give to the said State the name of the " State of Ohio," in pursuance of an act of Congress, entitled " An act to enable the people of the
eastern division of the Territory Northwest of the River Ohio to form a constitution and State Government, and for the admission of such State into
the Union on an equal footing with the original States, and for other purposes," whereby the said State has become one of the United States of
America: in order, therefore, to provide for the due execution of the laws
of the United States within the said State of Ohio:
SEC. 1. Be it enacted by the Senate and House of Representatives of
the 'United States of America in Congress assembled, That all the laws
of the United States, which are not locally inapplicable, shall have the
same force and effect within the said State of Ohio as elsewhere within the
United States.
SEC. 2. Be it further enacted, That the said State shall be one district,
and be called the Ohio district; and a district court shall be held therein,
to consist of one judge, who shall reside in the said district, and be called.
a district judge. He shall hold, at the seat of government of the said
State, three sessions, annually, the first to commence on the first Monday
in June next, and the two other sessions, progressively, on the like Monday
of every fourth calendar month afterwards: and he shall, in all things,
have and exercise the same jurisdiction and powers which are by law given
to the judge of the Kentucky district. He shall appoint a clerk for the
said district, who shall reside and keep the records of the court at the place
of holding the same, and shall receive for the services performed by him,




(laQ           [{ Rep. No. 380: ]
the same fees to which the clerk of the Kentucky district is entitled for
similar services.
SEC. 3. Be it further enacted, That there shall be allowed to the judge
of the said district court, the annual compensation of one thousand dollars,
to commence from the date of the appointment, to be paid, quarter yearly,
at the Treasury of the United States.
SEC. 4. Be it further enacted, That there shall be appointed in the said
district; a person learned in the law, to act as attorney for the United States,
who shall, in addition to his stated fees, be paid, by the United States, two
hundred'dollars annually, as a full compensation for all extra services.
SEC. 5. Be it further enacted, That a marshal shall be appointed for
the said district; who shall perform the same duties, be subject to the same
regulations and penalties, and be entitled to the same fees, as are prescribed
to marshals in other districts; and shall, moreover, be entitled to the
sum of two hundred dollars, annually, as a compensation for 'all extra
services. [Approved, February 19, 1803.]
E No. 2.
Extract from Vol. 4, House Journal, page 258. A committee, consisting
ot Mr. Randolph, Mr. Elmendorf, Mr. Goddard, Mr. Henderson and Mr.
Archer, to whom was referred, on the 23d of December, 1802, "a letter
from Thomas Worthington, an agent appointed by the convention of the
State of Ohio, enclosing a copy of the constitution of said State. and an
ordinance passed by said convention, containing certain propositions for
the consideration of Congress, with instructions that they do examine the
matter thereof, and report the same with their opinion thereupon to the
House," after speaking of several propositions, relative to donations of
land, proceed in this report, say: " The proviso contained in the sixth section of the seventh article of the constitution of the State of Ohio, respecting the northern boundary of that State, depending on a fact not yet ascertained, and not being submitted in the shape of other propositions from the
convention to Congress, the committee have thought it unnecessary to take
it, at this time, into consideration."
E No. 3.
Mr. Worthington. Senator from Ohio, presented, on the 21st October, the
memorial of Joseph Harrison and others, citizens of the United States, re.
siding in that part of the Indiana Territory which lies north of an east and
west line, extending through the southerly bend or extreme of Lake Michigan, praying that that district may be erected into a separate Government;
and the memorial was read.
"On motion, Ordered, That it be referred to Messrs. Worthington, Breckenridge, and Franklin, to consider and report thereon."
Mr. Worthington was thus made chairman of the committee, and, on the
1st day of November following, he made a report favorable to the prayer of
the petitioners, and concluding with the following resolution, viz: "' Reselved,




[ Rep. No. 380. ]


63


That the prayer of the memorial of Joseph Harrison and others ought to
be granted, and that all that portion of the Indiana Territory which lies
north of a line drawn east from the southernmost extreme of Lake Michigan,
until it intersects Lake Erie, and west from the said southernmost extreme
of Lake Michigan, until it shall intersect the Mississippi river, shall form a
separate Territory, and that the said Territory shall, in all respects, be
governed by, and according to, the principles and regulations contained in
"An ordinance for the government of the Territory of the United States
Northwest of the River Ohio," passed on the 13th day of July, 1787.
"And the report was adopted.
On motion, Ordered, That the committee who made the report be instructed to prepare and bring in a bill accordingly.
"A motion was made that it be
Resolved, That the sixth section of the 7th article of the constitution of
the State of Ohio be referred to a conmmittee, to consist of  members,
with instructions to examine and report thereon, by bill or otherwise; and
it was agreed that this motion lie for consideration.
"On motion,
"The Senate adjourned to 11 o'clock to-morrow morning." (See Senate
Journal, vol. 3, pages 300 and 306.)
"WEDNESDAY, November 2, 1803.
"On motion,
"It was agreed that the motion made yesterday for a committee to examine the seventh article of the constitution of the Stateof Ohio be withdrawn, and the following resolution be adopted:
" Resolved, That the proposition of the convention of the State of Ohio
to the Congress of the United States of America, contained in the 6th section of the seventh article of the constitution of that State, be referred to a
committee, with leave to report thereon, by bill or otherwise; and
" Ordered, That it be referred to Messrs. Worthington, Breckenridge,
and Franklin, the committee who, on the 21st of October last, had under
consideration the petition of Joseph Harrison and others, to consider and
report thereon to the Senate."' (Senate Journal, vol 3, page 307.)
" FRIDAY, November 4, 1803.
"Mr. Worthington, from the committee appointed on the 21st of October
last, on the petition of Joseph Harrison and others, and on the proposition
contained in the sixth section of the seventh article of the constitution of the
State of Ohio, reported a bill to divide the Indiana Territdry into two separate Governments, and giving the assent of Congress to the proposition of
the convention of the State of Ohio, contained in the sixth section of the
seventh article of the constitution of that State; which bill was read.
" Ordered, That it pass to the second reading."
(Senate Journal, vol. 3, page 307.)
' MONDAY, November 7, 1803.
"The bill to divide the Indiana Territory into two separate Governmentei
and giving the assent of Congress to the proposition of the convention of
the State of Ohio, contained in the sixth section of the seventh article of the
constitution of that State, was read the second time.




64


[ Rep. No. 380. ]


' Ordered, That it be referred to Messrs. Bradley, Tracey, Baldwin,
Worthington, and Franklin, to consider and report thereon to the Senate."
(Senate Journal, vol. 3, page 309.)
"WEDNESDAY, November 16, 1803.
'! Mr. Bradley, from the committee to whom was referred, on the 7th inst.
the bill to divide the Indiana Territory into two separate Governments, and
giving the assent of Congress to the proposition of the convention of the
State of Ohio, contained in the sixth section of the seventh article of the
constitution of that State, reported the bill with amendments; which were
read.
" Ordered, That they lie for consideration."
(Senate Journal, vol. 3, page 312.)
"MONDAY, December 5, 1803.
" The Senate took into consideration the amendments reported on the
16th of November last, to the bill to divide the Indiana Territory into two
separate Governments, and giving the assent of Congress to the proposition
of the convention of the State of Ohio, contained in the sixth section of the
seventh article of the constitution of that State; and having agreed thereto,
and further amended the bill,
" Ordered, That it pass to a third reading as amended."
(Senate Journal, vol. 3, page 320.)
" TUESDAY, December 6, 1803.
" The bill to divide the Indiana Territory into two separate Governments,
and giving the assent of Congress to the proposition of the State of Ohio,
contained in the sixth section of the seventh article of the constitution of
that.State, was read the third time and further amended; and
" Resolved, That this bill pass, that it be engrossed, and that the title
thereof be " An act to divide the Indiana Territory into two separate Governments."
" Ordered, Trhat the Secretary request the concurrence of the House of
Representatives in this bill."
(Senate Journal, vol. 3, page 321.)
E No. 4.
Resolution on the subject of appointing commissioners for ascertaining;
running, and marking the western and northern boundary lines of the
State of Ohio, passed 17th February 1809.
Whereas, great inconvenience has been and is daily occurring, in consequence of the western and northern boundary lines of the State not being
ascertained, therefore,
Resolved by the General Assembly of the State of Ohio, That our
Senators in Congress be instructed, and our Representatives requested, to
use their best endeavors to have commissioners appointed on the part of
the United States, to act jointly with such commissioners as may be appointed on the part of this State, to ascertain, run, and mark the western
and northern boundaries thereof




[ Rep. No. 380. ]                        65
E No. 5.
- Extract from House Journal, Vol. 8, page 109.
On 4th January, 1812, Mr. Morrow, of Ohio, offered the following resolution, viz:
Resolved, That a committee be appointed to inquire into the expediency
of confirming the northern boundary of the State of Ohio, as designated
by the constitution of that State, and of providing by law for the actual
surveying of the western boundary lines of the said State, and that they
report by bill or otherwise.
E No. 6.
AN ACT to authorize the President of the United States to ascertain and designate certain
boundaries. 
Be it enacted by the Senate and House of Representatives in Congress
assembled, 'c. That the surveyor general, under the direction of the President of the -United States, be, and he is hereby, authorized and required,
(as soon as the consent of the Indians can be obtained) to cause to be surveyed, marked and designated, so much of the western and northern boundaries of the State of Ohio, which have not already been ascertained, as
divides said State from the Territories of Indiana and Michigan,-agreeably
to the boundaries established by the act, entitled, "An act to enable the
people of the eastern division of the Territory Northwest of the River Ohio,
to form a constitution and State Government, and for the admission of such
State into the Union on an equal footing with the original States, and for
other purposes," passed April thirtieth, one thousand eight hundred and
two, and to cause to be made a plat or plan of so much of the boundary
line as runs from the southerly extreme of Lake Michigan to Lake Erie,
particularly noting the place where the said line intersects the margin of
said lake, and to return the same, when made, to Congress: Provided,
That the whole expense of surveying and marking the said boundary lines
shall not exceed five dollars for every mile that shall be actually surveyed
and marked, which shall be paid out of the moneys appropriated for defraying the expense of surveying the public lands. [Approved, 7May 20th,
1812.].E No. 7.
Extract from  Report of Elijah Hayward, Documents accompanying
Presidenl's Message, of December 10, 1835.
GENERAL LAND OFFICE, May 14, 1835.
SIR: In compliance with the requisition of the President, I have,the
honor to make to you the following report:
The first notice that can be found in relation to the present disputed
line is contained in the fifth article of the ordinance of Congress, for the
goyernment of the Territory.Northwest of the River Ohio, of the 13th July,
1787, (Land Laws, page 101,) which provided that, in case the State of
5




66                    [ Rep. No. 380. ]
Virginia should alter her deed of cession, the Territory should be divided
into three States, having the territorial line between the United States and
Canada as the boundary on the north in each case: Provided, however, -
That the boundary of these three States shall be subject to be so far altered
that, if Congress shall hereafter find it expedient, they shall have authority
to form one or two States in that part oJ said Territory which lies north
of an east and west line drawn through the southern bend or extreme of
Lake Michigan."
On the 30th of December, 1788, (Land Laws, page 101,) Virginia gave
her assent to the provisions of the before mentioned fifth article of the
ordinance of the 13th July 1787. (See this ordinance in extenso, Land
Laws, page 356.)
On the 30th April, 1802, (Land Laws, page 474.) an act was passed to
enable the inhabitants of the eastern portion of the Northwestern Territory
to form a constitution and State Government; and the 2d section, which
defines the boundaries of the future State, declares them to be " on the
east by the Pennsylvania line, on the south by the Ohio river to the mouth
of the Great Miami river, on the west by the line drawn due north from
the mouth of the Great Miami aforesaid, and on the north by an east and
west line drawn through the southern extreme of Lake Michigan, running
east, after intersecting the due nortt line afbresaid, from the mouth of the
Great Miami, until it shall intersect Lake Eric, or the territorial line, and
thence with the same, through Lake Erie, to the Pennsylvania line
aforesaid."
The constitution of Ohio was 'formed 29th November, 1802, and the
seventh article recognised the boundaries as prescribed by the act of 30th
April, 1802, with a proviso " that if the southerly bend or extreme of Lake
Michigan should extend so far south that a line drawn due east from it
should not intersect Lake Erie, or if it should intersect thy said lake east
of the mouth of the Miami of the Lake, then, and in that case, with the
assent of the Congress of the United States, the northern boundary of the
State shall he established by, and extend to, a line' running from the southerly extremity of Lake Michigan to the most northerly cape of the Miami
bay, after intersecting the due north line from the mouth of the Great
Miami river, as aforesaid, thence northeast to the territorial line, and by
the said territorial line to the Pennsylvania line."
No act of Congress giving this assent, nor any act or resolution for
admitting Ohio into the Union after her forming her constitution, is knowh;
and, by the act of 11th January, 1805, establishing Michigan Territory,
(Land Laws, page 514,) the Territory is described as comprising " all that
part of the Indiana Territory which lies north of a line drawn east from
the southern bend or extreme of Lake Michigan, until it shall intersect
Lake Erie, and east of a line drawn,"+'c.
Under the provisions of the act of Congress, approved 20th May, 1812,
entitled " An act to authorize the President of the United States to ascertain and designate certain boundaries," the surveyor general, under the
direction of the President of the United States, was "authorized and
required (as soon as the consent of the Indians can'be obtained) to cause
to be surveyed, marked, and designated, so much of the western and
northern boundaries of the State of Ohio, which have not already been
ascertained, as divides said Stete from the Territories of Indiana and
Michigan, agreeably to the boundaries as established by the act entitled




[ Rep. No. 380. ]


" An act to enable the people of the eastera division of the Territory Northwcst of th. River Ohio, to form a constitution and State Government, and
for ti,:tdcllnission of such State into the Union on an equal footing with
the or.Ci'.nal States, and for other purposes," passed April 30, 1802; and to
cai:,- 1o be made a plat or plan of so much of the boundary line as runs
froln th: southerly extreme of Lake* Michigan to Lake Erie, particularly
notii r  'ic place where the said line intersects the margin of said lake, and
to r:i:inin the same, when made, to Congress."  Owing to that section of
Cou:'; r i eing, during that year, the scene of Indian warfare, no measures
welr;,i tliat time taken to carry that act into effect.
ir' -, first communication on record from the Commissioner of the General
Lal l?(:Iice to the surveyor general, wherein allusion is made to the act of
20ti L.t ty, 1812, above alluded to, is a letter dated 23d March, 1815, giving
SO-Ln.; ilral instructions as to the then contemplated survey of a portion
of t    l Michigan Territory, for satisfying military bounty land warrants,
gras,, I for services during the late war.
Ti.!e intention- of these instructions appears to be merely precautionary,
lest tile contemplated survey for military bounties in that Territory [afterwards:ibandoned, however,] should possibly encroach on what might be
the i,;rt:li:rn boundary of Ohio.
T;he next notice of the subject is in a letter to Surveyor General Tiffin,
dated 18th April, 1815, which is a reiteration of the extract.of the letter
of 2:d March, 1815.
In;[ letter dated 6th January, 1815, Surveyor General Tiffin says: "I
also tencflose, herewith, a sketch of the Sandusky river, and the result of an
obsc:v ition made by Mr. Hough, to ascertain the latitude of the most northerly.lap of Miami bay, which he has been so good as to favor me with."
'Il, latitude of the place of observation, states Mr. Tough, is 41~ 51'
50", f;:rty-one degrees fifty-one minutes and fifty seconds.
ILi -, letter dated 8th August, 1815, addressing Surveyor General Tiffin,
the (Co inmiissioner says: "iftpossible, let Mr. Hough, or some other surveyor,
ascertain the latitude of the south part of Lake Michigan. The observations nmade for the latitude on the shore of Lake Erie are valuable, and it
will!)e very acceptable to possess similar observations relative to the south
part of Michigan."
On the 16th September, 1815, the commissioner of the General Land
Office addressed a letter to Surveyor General Tiffin on the subject of the
latitude of the northern cape of the Miami of Lake Erie, containing strictures on Mr. Hough's calculations, going to show that his observations were
not to be depended on.
The following is a copy of a letter from the Commissioner of the General
Land Office to Surveyor General Tiffin, dated 20th September, 1815:
"' observed in the National Intelligencer of this day a notice that probably
the latitude of the southern extreme of Lake Michigan will be ascertained
the ensuing winter. As the operations which have taken place relative to
the latitude of the north cape of the Miami of Lake Erie appear to be very
incorrect, (of which I gave you an account in my letter of the 16th instant,)
it will be best to omit for the present any further proceedings relative to the
boundary between Ohio and Michigan."
"P. S. In my letter of the 16th, for: geographical miles' read English
miles."
The Commissioner of the General Land Office, in a letter to the Presi



68                    [ Rep. No. 380. ]
dent of the United States, dated 26th September, 1815, recommends that
the running of the western and northern boundaries of Ohio should be so
executed as to preclude all doubt and dispute as to its accuracy, and that
Andrew Ellicott be employed on that service.
On the 2d October, 1815, the Commissioner addressed Surveyor General
Tiffin a letter, of which the following ig an extract:
" I have had communication with the President on the subject of the
northern boundary of Ohio, and I advise that Mr. Hough should take no
further trouble in that business."
On the 22d August 1816, the Commissioner of the General Land
Office informed the surveyor general that, in consequence of the receipt
of a letter from Mr. Creighton, of Chillicothe, urging the necessity of
having the' northern boundary of Ohio run and established during that
year, he had submitted the subject to the President, who had directed him
to have it' run and marked agreeably to the act of the 20th May, 1812.
On the 1st December, 1817, the surveyor general transmitted to this office
a copy of the plat and field notes of the western and northern boundaries of
Ohio; and stated that, as the question of jurisdiction between Ohio and
Michigan excited some interest, he enclosed copies of his correspondence
with Governors Worthington and Cass on the subject.
The plat thus transmitted shows that Mr. Harris, the deputy employed
to execute the work, ran the western boundary from the old Indian boundary northwardly 97 miles; that, from this point, he ran a random line
north 84~ 42' east 71 miles 67 chains and 67 links; that from the 70th
mile post, he made offsets, south 5 miles, west 2 miles, and south 5 miles
50 links, to ascertain the connection of his random line with the n6rth~
cape of the Miami bay; that from this north cape, he ran and marked
a line, as the northern boundary of the State, south 87~ 42' west 71 miles
and 72 chains, when he intersected his western boundary line 89 miles
21 chains 87 links from the old Indian boundary. The copy'of the field
notes refers to the following lines, viz: 1st. The western line of Ohio,
(being the continuation of the line between Ohio and Indiana,) from the
old Indian boundary, near Fort Recovery, running north for 89 miles 21
chains and 87 links, to what Harris calls the "northwest corner of the
State." 2d. The random line, commencing on the western line of the
State, as extended to the 97th mile post from the old Indian boundary,
and running north 84~ 42' east for 71 miles 67 chains and 67 links. 3d.
The line run from the north cape of the Miami bay south 87~ 42' west,
to its intersection with the western line of the State at said "northwest
corner." (This line was intended to be in a direct course from the north
cape to the south extreme of Lake Michigan.) And 4th. A line running
east for 130 miles 71 chains 42 links from the southern extremity of Lake
Michigan to the line between Ohio and Indiana, which it intersected 5
miles 24 chains and 64 links below what Harris designated as the northwest
corner.
These papers do not state the latitude of any position; but in the letter
from: the surveyor general to Governor Cass, before referred to, it is
stated that Harris ":commenced his, operations at the southerly extreme
of Lake Michigan, and found that an east line would strike Lake Erie 7
miles and 49 chains south of'the most northerly cape of the Miami bay;"
and that, "by his observations, he found the latitude at the southerly
extrene of Lake Michigan to be 41~ 37' 19", and at the most northerly,*  \.'- ' ' * * '       '*       f




[ Rep. No. 380. ]                       69
cape of the Miami bay 41. 51' 50", a difference of 14' 31"." ) The latitude
of the north cape, it.is perceived, is the same as that given by Mr. Hough,
whose calculations were pronounced by Mr. Commissioner Meigs, as being
erroneous, by his letters to Mr. Tiffin of 16th and 26th September, 1815.
All the foregoing papers were transmitted by the Commissioner to the
Secretary of the Treasury on the 9th of December, 1817; and on the
same day tile Commissioner, in acknowledging the receipt of the letter
and papers sent by the surveyor general, expressed to him his surprise
that the lines had been run, as he ": was not authorized to cause those
boundaries to be run without further orders," and referred to his letters
to him of the 20th September, 2d, 10th, and 19th October, 1815. To this
communication the surveyor general replied oil the 17th December,
1817, by forwarding a copy of the letter of the Commissioner to him of
22d August,.816, ordering the survey to be made agreeably to the act of
1812, which required the line to be run oni a true east course to Lake
Erie, whereas the line was, in fact: run on a course north 87~ 42' east, to
the north cape of the Maumee bay.
In the Senate of the United States, on tile 17th December, 1817, a
committee, of which Mr. Morrow was chairman, was appointed to " inquire whether any, and if any, what, legislative provision is necessary to
be made for ascertaining and establishing the northern boundary of the
State of Ohio, and that they have leave to report by bill or otherwise."
It may be fairly inferred that all these papers were 'sent by the Secretary of the Treasury to this committee, as Mr. Morrow, by letter to
him, dated April 20, 1818, returnedc them to the Secretary of the Treasury, with a memorial of the Legislature of Michigan to Congress, dated
3d January, 1818, in relation to this line.  IIn this letter, Mr. Morrow
states that, " on comparing the return of the surveyor general with the
law directing the survey, there appears to be a want of accordance. The
fact is not ascertained whether the line designated by the ordinance of
1787 will intersect Lake Erie east of the mouth of Miami river with
that accuracy which was intended by Congress. The commnittee made
no report on the subject, believing the Executive has tle power to cause
the survey to be made in the manner the law directed, and that Congress
could not properly legislate on the subject until such survey shatl be
made."
This letter, with all the accompanying papers, was sent to the General
Land Office by the Secretary of the Treasury on the 8th of May, 1818,: for a report showing the irregularity or defect of the attempt which has
been made to survey and mark the northern boundary line of the State of,
Ohio, agreeably to the ordinance of 1787, and the act of 1802, for admitting the eastern territory northwest of the Ohio into the Union." To
this letter the Commissioner replied on the 5th of June, 1818.
On the 24th of June, 1818, the Secretary of the Treasury directed the
Commissioner to have the northern boundary of Ohio run andl marked in
conformity to the provisions of the act of the 20th May, 1812; and on the
29th of June, 1818, the Commissioner directed the surveyor general
accordingly. (See copies of those instructions, marked B and C.) 
On the 2d of November, 1818, the surveyor general transmitted to the
Commissioner the plat and field notes of the northern boundary of Ohio,
as run in compliance with the orders of the 29th of June, 1818, by John A.
Fulton; Mr. Harris, to whom the job was offered, having declined to act.




70


[ Rep. No. 380. ]


The field notes state the survey was commenced at the point on tche <c'::; ern
boundary of the State where the line run by Harris, east from the:so-f:Jeern
extremity of Lake Michigan, intersected that boundary, and call d, by
Mr. Fulton, the northwest corner of the State of Ohio, and that tli line
was run east 80 miles and 40 chains to the shore of Lake Erie. t'hcse
field notes do not state the latitude of the line at any point; but by the plat
it appears that the latitude of the point of the commencement of 1 '- line
on the line between Ohio and Indiana, was 410 32' 47"; at the 35ti; nile
east thereof, it was 41~ 32' 40"; and at the intersection of the liil. with
Lake Erie, it was 41~ 31' 38". None of the papers show that Mr.,Fulton
ever took the latitude of the south extreme of Lake Michigan. Duplicate
copies of the plats of the surveys by Mr. Fulton, and MAr. HarriU;, wcre
sent by the Commissioner to the Secretary of the Treasury, on the' 7th of
March, 1820, who, upon the same day, transmitted them to the Prce:ident,
in a letter of the following purport, viz: "Pursuant to the provisions of the
act of the 20th of May, 1812, entitled 'An act to authorize the Prts dent
of the United States to ascertain and designate certain boundaries,' the
northern and western boundaries of the State of Ohio have been run and
marked. Cdpies of the plats or plans of the said boundaries are herewith
submitted, in order that they may be communicated to Congress:" and, on
the 8th of March' the President transmitted them to the House of Representatives, with the following message: "' I transmit to Congress a report
from the Secretary of the Treasury, which, with the accompanying documents, will show that the act of the 20th of May, 1812, respecting the
northern and western boundaries of the State of Ohio, has been executed."
The next document, in order of date, to which I can refer, is the printed
report made to the House of Representatives on the 18th of March, 1828,
by the Hon. Mr. Strong, from the Committee on tlhe Territories, recommending that the latitude of sundry points be correctly ascertained.
Accordingly, on the 14th of July, 1832, an act was passed directing the
President to cause to be ascertained, by accurate observation, the latitude
and longitude of the following positions, viz: the southerly extreme of
Lake Michigan; the point on the Miami of the Lake which is due east
therefronr; the most northerly cape of the Miami bay; of the most southerly point in the northern boundary line of the United States in Lake Erie;
the point at which a direct line from the southern extreme of Lake Michigan to the most southerly point 1i said northern boundary of the United
States, will intersect the Miami river and bay; also, the point on the Mississippi which is due west from the southerly extreme of Lake Michigan.
The time limited for making these observations, was extended to the 31st
of December, 1835, by the fifth section of the general appropriation law
the 2d March, 1833.
It appears from the report of Captain Talcott, the officer charged with
the execution of the last mentioned act, (see Congressional Document, No.
497, H. R. 1st Sess. 23d Cong.) that the latitude of the southern extreme
of Lake Michigan, is 41~ 37' 7".9, and that of the north cape of the Mhumee bay, 41~ 44' 2".4; and in a letter to General Gratiot of March 27th
last, Captain Talcott further states that, as at that time he was separated
from all the papers relating to that subject, he was only able to state, generally from recollection, the results arrived at, which were, first, the due east
line from the foot or most southern bend of Lake Michigan, will intersect
the Maumee river very near the line as run and marked by the commis



[ Rep. No. 380. ]                       71
sioners; "it will not vary from it three hundred yards:" the other points
in this letter, refer to. the boundary line in the lake.
The line thus referred to by Captain Talcott, must be the line run by
Fulton, as that is the only line run which has intersected the Miami river.
"a       ELIJAH   HAYWARD.
Hon. LEVI WOODBURY,
Secretary of the Treasury.
E No. 8.
On the 29th of January, 1818, the following resolution was adopted, viz:
lesolved, by the General Assembly of. the State of Ohio, That this
General Assembly consider the line running from the most northerly cape
of the Miami bay, westwardly, to the most southerly extreme of Lake
Michigan, till it intersects the line running due north 'from the mouth of
the Great Miami river, as the northern boundary of that part of the State
of Ohio adjoining the Michigan Territory.
E No. 9.
On the 23d of February, 1820, Mr. Brush, of Ohio, offered in the House
of Representatives the following resolution, viz:
" Resolved, That a committee be appointed to inquire into the expediency of providing by law, for the surveying, marking and permanently
establishing the northern boundary line of the State of Ohio, beginning at
the point north of the most northerly cape of the Miami bay, running
thence due west to intersect the western line of the said State."
This resolution the House did not consider.
E No. 10.
On the 24th of April, 1820, Mr. Woodbridge, the delegate from Michigan, submitted to the House of Representatives the following resolution,
viz:
" Resolved, by the Senate and House of Representatives of the United
States of America, in Congress assembled, That the line heretofore
caused to be surveyed, marked and designated from the southern extreme
of Lake Michigan, due east, in pursuance of the provisions of the act entitled " An act to authorize the President of the United States to ascertain
and designate certain boundaries," passed May 131 1812, so far as the same
extends due east from the western boundary line of the State of Ohio,.be
and remain the established boundary between the said State of Ohio and
the Territory of Michigan."
This resolution was read and referred to the Committee on the Public
Lands, who reported it to the Houses, unanimously, without amendment,
but was not acted on.




72                    [ Rep. No. 380. ]
E No. 11.
On the 4th of January, 1828, Mr. Vinton, of Ohio, offered to the House
of Representatives the following resolution:
" Resolved, That the Committee on the Territories be instructed to inquire
into the expediency of giving the assent of Congress to the provisions of
the sixth section of the seventh article of the Constitution of Ohio, relative
to the boundary line between the State of Ohio and the Territory of
Michigan."
E No 12.
On the 14th of December, 1831, a memorial from the Legislature of Ohio,
was presented in the Senate of the United States, praying that measures
might be adopted by Congress for the speedy and permanent establishment
of the dividing line between that State and the Territory of Michigan, and
on the 14th July, 1832, the following act was approved by the President:
AN ACT to provide for the taking of certain observations preparatory to the adjustment of
the northern boundary line of the State of Ohio.
Be it enacted by the &Senate and House of Representatives of the United
States oJ America, in Congress assembled, That the President of the
United States cause to be ascertained, by accurate observation, the latitude
and.longitude of the southerly extreme of Lake Michigan; and that he cause
to be ascertained, by like observation, the point on the Miami of the Lake
which is due east therefrom, and also, the latitude and longitude of the most
northerly cape of the Miami bay; also, that he cause to be ascertained,
with all practicable accuracy, the latitude and longitude of the most southerly point in the northern boundary line of the United States in Lake Erie:
and also, the point at which a direct line drawn from the southerly extreme
of Lake Michigan, to the most southerly point in the said northern boundary line of the United States, will intersect the Miami river and bay; and
also, that he cause to be ascertained, by like observation, the point in the
Mississippi which is due west from the southerly extreme of Lake Michigan; and that the said observations be made, and the result thereof returned
to the proper department, within the current year.
Approved, July 14, 1832.
E No. 13.
Fifth section of an act passed 2d IMarch, 1833.
SECTION 5. And be it further enacted, That the time limited for making
observations and returns thereof, under the act of 14th'July, 1832, " to provide for the taking of certain observations preparatory to the adjustment of
the northern boundary line of the State of Ohio," be and the same is hereby extended until the 31st day of December, 1835; and that for the purpose of carrying into effect the provisions of the act aforesaid, the sum of
six thousand one hundred and ten dollars be appropriated for the purchase




[ Rep. No. 380. ]                       73
of instruments; and the further sum of seven thousand five hundred dollars
for the expenses of taking such observations.
Approved, March 2, 1833.
E No. 14.
Extract fromn the Report of the (ommnissioner of the General Land
Office.
It appears from the report of Captain Talcott, the officer charged with
the execution of the last mentioned act, (see Congressional Document, No.
497, H. R. 1st Sess. 23d Cong.) that the latitude of the southern extreme
of Lake Michigan, is 410 37' 7".9, and that of the north "cape of the
Maumee bay, 41~ 44' 2".4; and in a letter to General Gratiot of March
27th last, Captain Talcott further states that, as at that time he was separated from all the papers relating to that subject, he was only able to state
generally from recollection the results arrived at, which were, first, the due
east line from the foot or most southern bend of Lake Michigan, will intersect the Maumee river very near the line as run and marked by the
commissioners; "it will not vary from it three hundred yards:" the other
points in this letter refer to the boundary line in the lake.
The line thus referred to by Captain Talcott, must be the line run by
Fulton, as that is the only line run which has intersected the Miami river.
ELIJAH HAYWARD.
Hon. LEVI WOODBURY,
Secretary of the Treasury.
PHILADELPHIA, March 27, 1835.
SIR: I have the honor to acknowledge the receipt, this morning, of your
letter of the 23d instant, postmarked 26th, requiring, at as early a day as
practicable, a report of the result of the astronomical observations made
for the adjustment of the northern boundary of Ohio. At this time I am
separated from all the papers relatinlg to that service, but I am able to state,
generally from recollection, the results arrived at:
1st. The due east line from the foot or most southern bend of Lake
Michigan, will intersect the Maumee river, very near the line as run and
marked by commissioners. It will not vary from, it 300 yards.
2d. The same due east line prolonged, did not intersect the line " along
the middle of Lake Erie," as deduced from these observations; but will
pass more than two thousand feet south of the most southern point of that
line. I must also state, that the long, low, narrow sand point, on the north
side of Lake Erie, called '" Point an Platt," or " Point Pele," was, at the
time my observations were made there, much shortened, from some cause.
I was so informed by the captain of the cutter, as we' approached it; and
he expressed much surprise at the change that had taken place since he
last visited it. A young man residing near made the same remark, " that
the point formerly extended much further into the lake."  The map prepared by and accompanying the report of the commissioners for ascertaining this portion of the national boundary shows the same thing, viz: that
the point then projected much further south than at present.




74


[ Rep. No. 380. ]


It follows then, that a line " along the middle of Lake Erie," at the time
the commissioners surveyed it, must be considerably south at this pioint, of
the line along the middle of the lake now.
Which of these lines shall be considered as the boundary line of the
United States, the undersigned is not competent to decide. If the first
line is the boundary, then it is probable the east line referred to will intersect it very near its most southern culmination, and to ascertain that, further
observations will be necessary, and reference also to the notes of the surveyors employed by the commissioners.
If the latter line, there is no doubt upon the subject; the observations
are already sufficiently advanced to decide that there will be no intersection.
I am, sir, most respectfully,
A. TALCOTT,
Captain Engilners.
Gen. C. GRATIOT, Chief Engineer.
Extract from Captain Talcott's letter, dated Albany, New York, May
13, 1835, addressed to the Chief Engineer.
SIR: The observations I made at the most-southern bend of Lake Michigan, in 1833, with a ten-inch reflecting and repeating circle, gave, for the
latitude of that point, 41~ 37' 07" 9. The observations were continued
here for seven or eight successive days, and on the sun and stars south and
stars north of its zenith, and the results of these observations accorded well;
and I have no doubt that the latitude above stated is within less than two
seconds (2") of the truth. At the time of making these observations, they
were considered as preliminary only to the use of the large instrument
which had been ordered for this service. Last summer I made a station on
the left baik of the Maumee river, about three miles (by the river) above
Fort Lawrence. The station was a little north of a marked line, which
was pointed out to me as the boundary line between Ohio and Michigan,
by persons residing near; and is, Ido not doubt, the line designated as
"Ftilton's line" on Burr's map, and which was run for a due east line from
the south bend of Lake Michigan.
The result of my observations at this station, with a zenith micrometer,
when reduced to the line above referred to, gave for its latitude 41~ 37' 09".35. In other words, the marked line, where it crossed the Maumee, was
one hundred and forty-five feet north of the parallel of latitude through the
south bend of Lake Michigan. No observations were made in connection
with this line east of the Maumee. I can, therefore, give no further information touching its intersection with Lake Erie, than can be deduced
from the fact, that as the line was run with great accuracy from Lake Michigan to the Maumee river, it is not probable that any great error was committed in prolonging it east of the Maumee to its intersection with the
lake.
I am, sir, most respectfully,
Your obedient servant,
A. TALCOTT,
Captain of Engineers.
A true extract from the original on file in the Engineer Department.
'>"~'4~ ~C. GRATIOT.




[ Rep. No. 380. J


75


E No. 15.
PHILADELPHIA, November 23, 1835.
SIR: I have th-e honor to submit the following statement, showing the
results of a portion of the observations made during the last season for determining the latitude of certain points connected with the settlreent of the
northern boundary of Ohio, as required by the act of July 14, 1832.
The results are deduced from taking the mean of a number of observations on twenty fixed stars. The very near coincidence in the deductions
made from each observation on the same star, as also their accordance with
other results, obtained from a series of observations on other stars, which
have also been calculated, induce me to believe that the latitudes of the
several points are true to the nearest second.
1. The most southern extreme of Lake Michigan is in latitude 41 deg.
37 mill. 07 sec. N.
The greatest dirference, arising from a comparison of the observations
being 03.05 sec. and the greatest difference from the mean result, 01.17 sec.
2. From observations upon a portion of the same stars, made on the
Maumee river, near the east line, recognised as Fultofi's, where that line
crosses the Maumee, and referred to said line, the latitude is found to be 41
deg. 37 min. OS sec. N. or about 101 feet north of the parallel tangent to the
south bend of Lake Michigan.
This result is obtained from a mean of five determinations; the greatest
difference found, on comparing the observations, being 01.67 sec. and the
greatest difference from the mean result, 00.98 sec.
3. The north cape of the Maumee bay is in latitude 41 deg. 44 min. 07
sec. N.
This result is obtained from a series of observations made on fourteen
different stars, the greatest difference, as before, being 02.56 sec. and the
difference obtained from a comparison with the mean result, being 01.50 sec.
Tile observations from which the above latitude is deduced, were made
on Turtle island; the difference of latitude having been determined trigonometrically.
The latitude of the astronomical station on Turtle island, Maumee bay,
is 41 deg. 45 min. 12 sec. N.
4. For the determination of the latitude of the most southerly point of
the boundary heretofore established between the United States and Canada,
in Lake Erie, two positions were chosen:
The first, 21 miles east of Huron, Ohio, on the margin of the lake, and in
the immediate neighborhood of its most south.wardly bend. The result of
the observations made at this station, fixed the latitude of the most southwardly bend of Lake Erie at 41 deg. 22 min. 54 sec. N.
The second position was.taken at Point Pel6, Canada, nearly due north
of the first position. From a series of observations made at this station, it
is found that the southern extreme of Point Pele is in north latitude 41
deg. 53 min; 59 sec.; and further, that it appears from the results of the
survey and triangulation connecting this station with Point Pel6 island,
that Point Pel; when surveyed under the orders of the commissioners appointed to settle the position of the territorial line between the United States
and Great Britain, under the treaty of Ghent, projected much further into
the lake than it does at present; and that, as near as it can be ascertained
from a comparison of the two surveys, this point, in 1815, was in north
latitude 41 deg. 52 min. 24 sec.




76


[ Rep. No. 380. ]


The latitudes of the two last mentioned points, furnish the data from
which the most southwardly point of the territorial boundary in Lake Erie
must be determined, because "a line along the middle of Lake Erie" must
make its greatest southing between these two points.
Before this latitude can be determined, however, the principle which
governs in its location must be established. A middle point on the meridian.
between the two shores, is found to be in latitude 41 deg. 38 min. 26.5 sec.
north, from a portion of the data given above.  A middle point on the same
meridian in 1818, was in latitude 41 deg. 37 min. 39 sec. north, deduced
from another portion of the same data; now, a line dividing the lake into
two equal parts, and perpendicular to lines radiating fiom Point Pele, is
found to be in north latitude 41 deg. 33 min. 15 sec.
In 1818 it is found in latitude 41 deg. 32 min. 44 sec.
It will be observed that, in both cases under the first construction of the
language used in the decision of the commissioners, relating to the territorial boundary, the due east line from the south bend of Lake Michigan will
pass south of said territorial line; and that, under the last construction in
both cases, the territorial line will be intersected by a line running due east
from the south bend of Lake Michigan.
For the longitude of the several points above mentioned, I have the honor
to refer to my report furnished in January, 1834.
I have the honor to be,
Very respectfully,
Your obedient servant,
A. TALCOTT,
CJapt. of Enlg.
Gen. C. GRATIOT, Chief Engineer.
A  TABLE of the latitude and longitude of certain points required to be
determined by the law of July, 1832, with a view to the a(djstlment of
the northern botundary of the State of Ohio. *
Latitude ILongitdc in Longitude il
north.   dlegrees.    time.
O,,/              h ih. m. see.
Bay point, or north cape of Maumee bay _  - 41 44 02.4 83 18 55.5  5 33 15. 
Turtle island, Lake Erie -                41 45 08.8 83 17 22.5  5 33 09.5
Gull island, Lake Erie  -        _  -     41 39 30.5 82 33 54   5 30 15.6
South bend of Lake Michigan _ _       - 41 37 07.9 8709 06      5 4836.4
Station on Mississippi river  _  _     - 41 38 10.5 i 90 13 45   6 00 55.0
Most southern point of United States boundary in
Lake Erie    -     -           _        41 38 38   822334      5 293.3
The intersection of a line drawn fiom! Maumec
the southern bend of Lake Michi-  iyver - 41 39 23.4 83 26 10.5  5 33 45.'
gan to the southern point of the.nith
United States boundary in Lake J  Lake
Erie     _     _     _       J  Erie - 41 39 13    83 1135     5 3 2 46.3
An extract from Captain Talcott's report of January, 1834.




[Rep. No. 3O. 3 '                        7 7   '
E No. 16.
Report of J J. Stoddard on survey of Maumee river.
SIR: Having, in accordance with your instructions, completed a survey
and examination of the Maumee river, from Toledo to Maumee, I have the
honor to make the following report, of. the practicability and expense of:
deepehing the channel, so as to enable the larger vessels navigating Lake
Erie, to ascend to Perrysburg on the southerly and Maumee on the northerly,shore of that river:
From Palmer's wharf in Toledo, to the chain-ferry in Maumee, is a direct
line. south 41~ 36', 5 west, r49J v   miles.
Between these points, the river flows at a depth of forty to sixty feetbelow the level of the adjoining country. Its width varies from an eighth
of a mile to a mile.
The banks are bold, in some cases receding from the shore they leave
considerable intervals of rich bottom land; but generally rise from near
the water's edge.
Prom Toledo to the head of Grassy point, the channtel along the southerly
shore is wide and deep, above this point, the southerly channel, which
here connects with the northerly, becomes rather intricate, and is used by,
the smaller vessels only. The northerly channel affords a depth of ten to
fifteen feet water, to the foot of Corbut island, three miles above Toledo.
At this place it becomes necessary to recross the river through a very
narrow passage, which will probably be improved at some future day,,but
can very easily be made to answer present purposes, and has not been esti-,
mated in detal. After gaining the southerly channel, Which is wide and
regular, there is from nine to fourteen feet water to' the Delaware flats, a '
short distance above Eagle point, and four and a quarter (4.25) miles above
Toledo.
These flats, which are caused, in part, by the great width of the river at
this place, and partly by the diversion of the water from the main river to
several lateral channels, are thirty-seven chains in length, afford seven feet
water, and may very easily be deepened. 
Above the flats, the channel along the northerly shore has from nine to
fourteen feet water to the Rock bar, on the first reserve, six and a-half (6.60)
miles above Toledo.
This bar, which is forty-five chains in length, affords six and a-half to
eight feet water, and may be deepened to nine, at a moderate expense.
From the bar, there is a good channel with eight to ten feet Water, to the
foot of Big, or Ewing's island.
Around this island' are two channels, the northerly one leading to tXi 
wharves at Maumee, the southerly to those at Periysburg  Each of these
channels is obstructed by a bar, the removal of which can be effected witth. 
out encountering any very serious difficulty, and will complete the impjot e.ments necessary to enable the largest vessels enterin,the bay, to ascead
to the head of navigation. In projecting the plans tob  proposed for fth:
improvement of this river, the, principle adopted has been: To make 11, 
alterations with reference to the depth of water in the bay; but to prqpoe.
such only as are necessary under.present circumstances. And, as it appea;,
from the report made in 1834, by the canal commisstoners of 'the Statel ^;
Ohio, that the depth of water at a low stage over the br at the.mouth of,
bay, is from eight and a quarter to nine feet, it is propoled to secAu  a cxa; I
which shall in all places afford a depth,of not less thai eight feet at loww.'r.




*  78


[ Rep. No. 380. ]


To acquire the thorough knowledge of the river, necessary to the accomplishment of this plan, both shores and the islands were surveyed.
Sounding lines between determined points, were then run diagonally across
the river sufficiently near each other to detect any changes in the character of the channel, and the depths along these lines were measured at equal
intervals of thirty to forty feet: in all difficult places, the diagonals were so
" taken as to be not more than three to five chains apart in the middle of the
river.
These soundings havingbeen taken principally between the twenty-second
of June and second of July, when the water was considerably above the low
stage to which it falls in September and October, it became necessary to
reduce them to their corresponding low water depths. The accuracy of the
report and estimate depends on the correctness of this reduction, which was
effected in the following manner:
At morning, noon, and evening, of each day, on which soundings were
taken, a permanent mark was made at the surface of the water. By inquiries of captains of vessels, of persons owning wharves, andof others
acquainted with the river, and by personal examination,. low water marks
were ascertained at Turtle island, Toledo, Delaware flats, the rock bar,
Perrysburg, and Maumee.
These points being compared by an accurate level, were found to differ
but a few inches, and their average assumed as the true low water mark.
The sounding marks of each day, were referred to this standard, and the
corrected soundings recorded as the true low water depths.
The assumed elevation of Lake Erie, at a low stage, is six and a-half
feet below the stone door sill in the northerly end of the brick house on
'Turtle island, and the corresponding depth at the Rock bar, is six and a half
feet. By reference to the following extract from a report made in 1824, by
the Canal Commissioners of the State of Ohio, it will be seen that the
results of the two surveys are the same, and as at the time of their examination, the water was very low, the correspondence affords strong reason to
believe that the elevation now assumed, is not above the level of Lake
Erie at a low stage of water.
Soundings were taken of the Maumee river and bay, from the foot of
the rapids to Turtle island; off the north cape of the bay, at the point where
it is proposed to erect the dam suggested, there is rock bottom, with six and
a half fiet water. Below this rock, the water increases in a short distance
to eight and nine feet depth. At a point between that and Swan creek, a
mile above Grassy point, about eight feet water was found, and on the bar
at the bay, eight and a quarter to nine feet. This will admit vessels which
can pass the bar in the bay, with but little difficulty, up to the proposed
dam, and by means of a lock, up to the mouth of the canal."
The place above referred to, as the point at which it was proposed to
erect a dam, is on the rock bar.
The influence of the'wind upon the waters of the lake, is very great.
The sum of elevation and depression produced at the mouth of the river
by heavy gales exceeding six feet, and the undulations of the surface consequent upon any disturbance, continuing for some time after the exciting
cause has ceased to act. There is a tide or rise and fall of the waters,
during the course of almost every twenty-four hours.
These oscillations will of course, at certain times, reduce the water to
less than the proposed depth, but as they affect the bay to at least as unfavorable an extent as they do the river, the proposed improvements will




[ Rep. No. 380. ]


79


secure an upward passage to vessels at all times when they can-cross the
bar at the bay.
The bottom at the Delaware flats, is a fifle angular sand, easilv dredged,
and presenting no difficulty of any magnitude. Were the shoals formed
principally by deposites, or the bottom of a nature to be very easily affected
by the current, the general depth would diminish, and the greatest depth be
found in the main channel. The reverse of this is the case.
It is asserted by the most experienced captains, that the depth has not
decreased in the period of sixteen to eighteen years. The deepest water
is by the shores of Clark and Grassy islands, entirely out of the channel,
and in several places the depth increases, in the distance of a few rods,
from eight to ten feet.
Through these flats, it is proposed to excavate a channel, perfectly
straight, and one hundred feet wide, to the depth of eight feet below the
surface of the water; and in order to secure the full force of the current, it
is also proposed to close the channels around Grassy and Delaware islands,
and the smaller ones between the other islands.
By this means the whole river will be turned into the central and natural
channel between Clark and Grassy islands, with a velocity, in high water,
exceeding a mile and a half per hour, which is sufficient to prevent the
deposit of alluvial earth or quicksand, and will, it is confidently believed,
preserve any channel that may be constructed.
The Rock bar, which is a ledge of the rock foundation of the country
is composed of a hard gray limestone, of a compact structure, in layers
of three to ten inches il thickness. This stone is suitable for building
purposes, and may be quarried without any great difficulty. From onefou rth to one-third of the stone taken from this bar may be advantageously
used in the constructions at Delaware flats. The residue may be corded
on the shore and sold at a fair price, for building stone, or they can be
transported to Turtle island at a moderate expense, and it is believed can
be used with good economy in the constructions necessary to the preservation of the light-house at that important place.
Across this bar it is proposed to excavate a channel to the depth of nine
feet below the surface of the water, sixty feet wide, and perfectly straight.
This width is less than is generally deemed necessary, and should the
business done upon the river be as great as is anticipated by many, an
extension will no doubt become needful, but at present there seems to be no
very strong reason for a greater width than that proposed.
There.is no danger from wind or waves. The channel is in the direction of the main stream, and at all times when danger might be apprehended
from the force of the current, there is a sufficiency of water over all parts of
the bar. Boats happening to meet at the place might be detained for a short
time, Il)t the occurrence would be so seldom as to occasion no inconvenience of any consequence.
In the vicinity of Perrysburg and Maumee, the excavation will be in
letached portions at several places where there is less than eight feet water,
mad will consist principally of clay and fine gravel. 
This bottom, which somewhat resembles hard-pan, is susceptible of
being dredged, but will require a considerable greater expense, per yard,
than the bar at Delaware flats.
It is proposed to improve the channel on the Maumee side to Babi's
wharf, forty-five chains above the foot of Ewing's (or Big) island; and on




so


80         ~~~[ Rep. No. 3180. j


the Perrysburg side.to Hollister's wharf, thirty-eight chains above the foot
of the same island, and to secure tL width of one hundred feet with a depth
of not less than eighit feet at low water.
ESTIMATE.
Excavating and removing from the channel at Mlaumee,


8,936 yards clay and gravel at 70 cents  - 
8 buoys on the Maumee:side at $155 00 -     -
Excavat-ing, 4-c. at Perrysburg,
9675 yards clay, gravel, &c. at 70 cents  -  -
6 buoys at Perrysburg at $15 00  -    -      -
Excavations, 4'c. at the Rock bar-,


$6,255 20
- 120 00


- 6,7-72 50
- 90 00


17,160 yards limestone at $1 40    -
4 buoys at Rock bar at $15 00      -


-     ~~24,024 00
-  -     ~~60 00


Ex-cavating, 4-c.. at Delawvare flats,
11,458 yards sand at 40 cents   -      -      -
4 buoys at Delaware flats at $15 00    - 
Dam above Delaware flats-    -      -         -
Improving channiel at Corbert island   -      -


-  4,583 20
- 60 00
- 3,000 00
- 1,000 00


$45,964 90
Engineering., superintendence, and contin o'encie1~ 2prcn    1     `'
Total estimate                             $051,480 69
The estimate is considered liberal for the plans propospd. Should it be
deemed proper to enlarge the dimnensions of the channel to be formed, or to
effect the improvements in a way different from that proposed, it is believed
the charts accompanying this report, will afford sufficient data for projecting,
and estimating such other plans as may appear best suited to the accomplishiment of the proposed,object.
Withi great'respect,
Your obedient servant,
JOHN J. STODDARD.
M1aumzee, July 18305.
To Captain HENRY SMITH, U. & A.
~Superintendent.snrvey of the AMaumee river.
F No. 1.


EECUricivE OFFICE,
Detroit, January 24, 1835.
'SIR: 'I have' the honor to enclose you a copy of an act passed by th(
b~L ~ ative Council of the Michigan Territory at the~r recent session, pro
vi in    frthe, appointment of commissioners to adjust the boundari




[ Rep. No. 880. ]


81


between the State or States to be formed north of an east and west line
drawn through the southerly extreme of Lake Michigan, and the States of
Ohio, Indiana and Illinois. The conciliatory disposition manifested by
Michigan in the passage of this act, it is believed, will be met by a corresponding feeling on the part of your State.
I am, sir, very respectfully,
Your obedient servant.
STEVENS T. MASON.
Hon. ROBERT LUCAS.
AN ACT to provide for the appointment of commissioners to adjust the boundary between
the State or States to be lormed north of a line running east and west through the southerly extreme of Lake Michigan, and the States of Ohio, Indiana, and Illinois.
SEC. 1. Be it enacted by the Legislative Council of the Territoryof.Michigan, That there shall be three commissioners appointed by the
Governor of the Territory of Michigan, by and with the advice and consent of the Legislative Council, whose duty it shall be to enter into a negotiation with such commissioners as may be appointed on the part of the
States of Ohio, Indiana, and Illinois, or with the Governors of those
States, to adjust and finally settle the northern boundary of the said States
or either of them. It shall be the duty of the said commissioners, or a
majority of them, to make a report of their proceedings to the Legislature or Legislatures of the State or States to be formed north of the aforesaid line; and if said boundary line shall be ascertained or agreed upon
by the said commissioners, it shall beome the fixed and established boundary between such of the said States as shall consent and agree to the
same by the ratification of the proceedings of the said commissioners by
their Legislatures, respectively; so soon as their consent shall be given.
SEc. 2. And the said commissioners to be appointed on the part of
Michigan shall receive such compensation for their services as may be
hereafter allowed them by law.
Approved, December 26, 1834.
F No. 2.
EXECUTIVE OFFICE, OHIO,
Columbus, February 6, 1835.
LTo the honorable the General Assembly:
I have received from the Acting Governor of the Territory of Michigan,
a communication, enclosing a copy of an act passed by the Legislative
Council of that Territory, providing for the appointment of commissioners
to adjust the boundary between the State or States to be formed north of
an east and west line drawn through the southern extremity of Lake
Michigan, and the States of Ohio, Indiana, and Illinois, which is herewith
transmitted for your consideration. In transmitting this document, I think
it just to remark, that had Michigan been regularly admitted into the Union
as an independent State, and a doubtful question on the subject of boundary between her and Ohio was in existence, the course proposed in the
6




[ Rep. No. 380. ]


~aforesaid act might have been deemed by Ohio conciliatory and proper, and
would have been acted upon accordingly. But, in the present case, we
-cannot admit that the Legislative Council of the Territory of Michigan
had any right to authorize a negotiation on the subject of boundary, or that
any arrangement entered into with commissioners appointed under their
authority, would be binding, even on Michigan herself; after she might become an independent State. Neither can we admit that there is any question of boundary existing between the State of Ohio and that Territory.
If a question of that character exists any where, (which we do not admit,)
it is between the State of Ohio and the United States; as Congress alone
has the power to settle questions relating to the boundaries of the Territories of the United States. The boundaries of Ohio are expressly described
in the sixth section of the seventh article of our constitution. The proviso
in this section declares ' that if the southerly bend of Lake Michigan shall
extend so far south that a line drawn due east from it should not intersect
Lake Erie, or if it should intersect the said Lake Erie east of the mouth of
tle Miami river of the Lake, then, and in that case, with tile assent of the
Congress of the United States, the northern boundary ot this State shall )be
established by, and extended to, a direct line rnnming fiomn the southern extremity of Lake Michigan to the most northerly cape of the Miami bay,
after intersecting the due north line fiom the mouth of the Great Mliami
river as aforesaid; thence northeast to the territorial line, and by the said
line to the Pennsylvania line." This proviso of our constitution established
the northern boundary of Ohio (under the contingencies expressed therein)
by a direct line running from the southern extremity of Lake Michigan to
the most northerly cape of the Maumee bay. This "proviso was assented
to by the Congress of the United States, when they adopted our constitution, and admitted Ohio into tlhe Union upon an equal footing with tlhe
original States.
The ground upon wh    ich  igan appears to found her claim to a portion of the territory within the constitutional limits of Ohio, is an expression in the fifth article of the ordinance of C(ongress of the 1.3th of.Julyv
1787, for the government of the Territory of' lle United States Northwest
of thle River Ohio. This article, after definiilr the boundaries of three
States, to be fornied in the said Territory. las a "proviso" in thle followring
words: " Provided, however, and it is fritiher understood and declared,
that the boundaries of these three States shall Le subject so far to be altered
that, if Congress shall fiind it expedient, they shall have authority to form
one or two States in thlat part of the said Territory which lies north of an
east and west line drawn through the southern extremity of Lake Michigan." In this provision there appears to be a discretionary power vested in
Congress with regard to the formation of one or two States north of tllis
east and west line, but nothing that confines themn to this line as the special
boundary of the one or two States to be formed north of it. If tills east
and west line had been intended as the permanent northern boundary of
the three States first to be formed within the said Territory (to wit, Ohio,
Indiana and Illinois,) so soon as Congress should organize a Territory or
Territories north of it, there would certainly have been some expressions
in the ordinance that would have indicated such intentions, but we can find
no expressions of this character in the ordinance.
On this subject Congress must have been satisfied when the States of
Indiana and Illinois were admitted with their present boundaries, for both




[ Rep. No. 380. ]


83


of these States extend considerably north of the southern extremity of
Lake Michigan: and if these States had the right to extend their boundaries north of an east and west line drawn through the southern extremity of Lake Michigan, Ohio had undoubtedly an equal right; for the
objection that applies to Ohio would apply with equal force to all these
States. But when we examine this east and west line, as it is now understood to run, we find it does not correspond with the northern boundary of Ohio, as expressed in the act of Congress of the 30th of April,
1802, authorizing the people of the eastern division of tile Territory
Northwest of the River Ohio to form a State Government, &c.; for tle
second section of that act declares that the State to be formed shall be
bounded north by an east and west line, drawn through the southern
extremity of Lake Michigan, running east until it shall intersect. Lake Erie
or the territorial line; thence with the same through  lake Erie to the
Pennsylvanlia line. T'llis is -an impossible line, for the line running due
east fiom the soluthern extremity of Lake Michigan, will cross the Mlaulmee
river considerably south of the Maumee bay, and extending east, will never
strike the territorial line, but will pass through or near Cunningham's
island, in the colltly of 'Iluroll: thence through Cuyalioga, Geaufga, and
Aslhtabula counties, to thle Pennsylvania line, some twenty or thirty miles
south of [,ake Eric. ( an the people of' Ohio acknowledge this as the
northern boundary of the State? I presume their t nalinious voice would
be in the negative.  rhe convention that formed our constitution declared
that it should not be the boundary: and to guard against such a. contingency the lprovision waxs mlade in olur constitution establishing the northern botlndary of Ohio by a direct line running from the most southern
extreinity of (I k:e M:ici'himan to the most northern cape of the Miami bay;
thence northeast to the territorial line, and by the said territorial line to tlhe
Pennsylvania line. This is the only line that can be recognised by Ohio
as her constitutional bloundary. It has been assented to by the Congress
of the United States in the adoption of our constittution. There has never
been an opinio); expressed by either branch of Congress adverse to this
line  bu t there h[as beel, after a fill investigation of thle subject by the
Judiciary _'ommnittee of thle Senate of the United States, an able report in
its favor iaide )by that committee to the Senate, and a bill has twice passed
that body e-t blishling this line as the northern boundary of Ohio. The
Committee on toe Territories in the House of Representatives of the United
States reported, on the 11th of March, 1834, that they thought it unnecessary to adopt any additional legislation on the subject. With this view of
the cas,e,. I am drawn to the conclusion that we are bound, by the solemn
obligation wxe hlavle taken to support the constitution of Ohio, to adopt
promipt, ad elffective measures to extend the jurisdiction of tlhe State to the
boundiries specified in the constitution, and to secure to all who may
reside within tlhese limits the protection and benefit of our laws,
To accomplish this object, I would call your attention, in an especial
manner, to the act entitled " An act for the erection of certain counties
therein named," passed February 12th, 1820. By this act the counties of
Williams, Henry, Wood, and Sanduskey were erected. In describing the
northern boundaries of these four counties, the term  State line is used
without explanation. I would therefore, recommend the passae of a
declaratory act, declaring that all counties bordering' on the northern
boundary of the State of Ohio shall extend to and be bounded on the




84                    [ Rep. No. 380. ]
north by the line running from the southern extremity of Lake Michigan
to the most northern cape of the Maumee bay; thence, northeast, to the
territorial line, and with the territorial line to the Pennsylvania line; and
that the northern organized townships in these counties be extended to
that line; and that all the county and township officers within these
counties and townships, be directed to exercise jurisdiction within their
respective counties and townships thus extended, until new townships may
be regularly erected, by proper authority, and organized under the laws of
this State.
I herewith transmit to the Senate the report of the Judiciary Committee
of the Senate of the United States of the 12th of May, 1834, with the
accompanying documents. Also, to the House of Representatives, the
report of the Committee on the Territories, made to the House of Representatives of the United States, on the 11th March, 1834, with accompanying
documents.
In these reports and documents will be found an extended view of the
boundary question, with the arguments of the delegate from Michigan
and those advanced by the Representatives from Ohio.
All which is respectftlly submitted,
By your obedient servant,
ROBERT LUCAS.
Preamble and resolutions relating to the northern boundary of the State
of Ohio.
Whereas, the constitution of the State of Ohio declares that the said
State shall be bounded on the north by an east and west line drawn
through the southerly extreme of 'Lake Michigan, running east, after
intersecting a line drawn due north from the mouth of the Great Miami
river, until it shall intersect Lake Erie or the territorial line; and thence
with the same through Lake Erie to the Pennsylvania line, and that if
the southerly bend or extreme of Lake Michigan (the exact position of
which was not known) should extend so far south that a line drawn due
east from it should not intersect Lake Erie, or if it should intersect the
said Lake Erie east of the mouth of the Miami river of the Lake, then,
and in that case, with the assent of the Coingress of the United States,
the northern boundary of the State shall be established by, and extending
to, a direct line running from the southern extremity of Lake Michigan
to the most northerly cape of the Miami bay, after intersecting the due
north line from the mouth of the Great Miami river; thence northeast to the territorial line, and by the said territorial line to the Pennsylvania line. And whereas, the Congress of the United States, by the
admission of Ohio into the Union  with the foregoing provisions and
declarations in her constitution, did virtually ratify, approve of, and assent
to the same, and thereby confirm and establish the northern boundary of
the State as before described, and guarantee to her complete jurisdiction
over all territory lying within the limits so assigned to her; and as subsequent surveys and examinations have ascertained the fact tlha an east
and west line drawn through the southerly extreme of Lake Michigan
will intersect Lake Erie (if at all) east of the mouth of the Miami river
of the Lake, and to prevent all disputes and difficulties upon this subject,
the State of Ohio has repeatedly memorialized Congress for an act




[ Rep. No. 380. ]                         8]
expressly recognising said boundary; which act, if passed, could give no
validity to her claims, but would merely quiet her title, and prevent controversy with a State that may be. hereafter erected adjacent to said
northern boundary; and as the passage of such an act seems to be but
little nearer now than it was thirty years ago, neither motives arising from
a solrd and enlightened public policy, nor principles of strict and impartial justice having had sufficient influence to effect a settlement of this
important question: and whereas, also, during the time we have been
asking Congress for a recognition of our rights, by the negligence or forbearance of the State authorities, the Territorial Government of Michigan
has been permitted to extend its jurisdiction over a part of said State, and
is now actually exercising usurped and Iunauthorized power over the
citizens of a free, sovereign, and independent State of this Union, against
which she has remonstrated to Congress in vain; and, as a proper degree
of self-respect demands that Ohio should firmly maintainL her rights, and
promptly resist encroachments upon ler territory, jurisdiction, or privileges,
let theml come from what quarter they may, so does it require that she
should not tamely submit to invasions of either, by those wvho have neither
the right nor the power to disturb her in the quiet enjoyment of her constitutional sovereignty; it ill becomes a million of freemen to humbly
petition, year after year, for what justly belongs to them, and is comp!etely
within their own control: therefore,
Rhesolved, As the opinlion of this General Assembly, that the territory
included within the constitutional limits of Ohio, forms an integral part of
said State, of which no power on earth has a right to dispossess her.
Resolved, That measures ought to be taken immediately by the legislative, executive, and judiciary authorities of Ohio, to cause her jurisdiction
to be fillv established throughout every part of her territory, as described
in her constitutioll and to obtain, for her laws and public officers that
respect ald obedience fiom  all persons residing or comting within her
borders to which they are properly entitled.
RIesolved, That this State has anr indisputable right to run out and
designate lier northern boundarvy, in accordance with the provisions of her
constitution, and tlhat without allowing her public wvorks to he longer suspended, or the interests of her citizens to be further jeopardized, by the
refusal of Congress to ulnite with her in this work, commissioners should
be appoinlted for that purpose, with instructions to run and mark the same
from a place where a line from the most southerly extremity of Lake
Michliran to tlhe most northerly cape of the Miami bay crosses her western
boundary to the said cape, so tlat its exact location may be known and
recogrnised by all persons within the State as well as by those without its
limits.
JOHN M. CREED,
Speaker of the House of Represetatives.
PETER HITCHCOCK,
Speaker of the Senate.
February 23, 1835.
AN ACT defining the northern boundary of certain counties within this State, and for
other purposes.
SEC. 1. Be it enacted by the General Assembly of the State of Ohio,
That the'counties of Williams, Henry, Wood, Sandusky, Huron, Lorain,




86                    [ Rep. No. 380. ]
Cuyahoga, Geauga, and Ashtabula, shall extend to, and be bounded on the
north by, the line run from the southern extremity of Lake Michigan to
the most northern cape of the Maumee bay; thence northeast to the territorial line, being the northern boundary of the United States, in Lake Erie;
thence with said northern boundary of the United States, through Lake
Erie, to the Pennsylvania line.
SEC. 2. That, untiJ the Legislature shall establish one or more new
counties, it shall be the duty of all officers, civil and military, judicial and
ministerial, that are authorized by the constitution and laws of the State
to exercise jurisdiction within the aforesaid counties, to extend their jurisdiction within those colunties, respectively, to the northern extremity of the
boundaries described in the preceding section of this act.
SEc. 3. That such part of the townships nine and tel south, in ranges
one, two, three, and four, west of the principal meridian ill ichigan, as
lies south of the line run from the southern extr mity of Iake Michigan to
the most northern cape of the Mameen bay, be, and the same is hereby,
declared to be attached to the county of Williams, and shall be considered
as forming a part of that county.
SEC. 4. That such part of townships nine and ten southl, in ranges one,
two, three, and Ibur, east of the principal meridian in Miclhigan, as lies
south of the line run from the southern extremity of Lake Michigan to the
most northern cape of the Maumee bay, be, and the same is hereby, declared
to be attached to the coiuty of Henry, and shall be cons'idered as forming
a part of that county.
Sr:c. 5. That sulch part of townships nine and ten south. in range live,
six, sevel, and eight, east of the principal meridian in Micligan, as lies
south of the line run from the southern extremity of Lake Michigan to the
most northern cape of the Maumee bay, together with all the territory
between said townships and the line rul due east from the southern extremity of lake Michianl, until it intersects alake Erie, including the territory east of the Maumee river, and between Lake Erie and said east line,
shall be, and the same is hlereby declared to be, attached to tlhe county of
Wood, and shall be considered as forming a part of that county.
SEC. 6. That it shall be the duty of the county conmmissioners of tile
respective counties of Williams and Henry, to hold a special session, within
their respective counties, as soon after the passage of' tis act as practicable,
and to extend the boundaries of the organized townships, inl tleir respective
counties, to the northern boundaries of said counties, as specified in this,act, or to erect and cause to be organized new townships, as prescribed by
the laws of this State.
SEC. 7. That such part of the territory declared by this act as being
attached to the county of Wood, shall be erected into townships, as follows, to wit: such part of said ranges five and six as lies between the
line run due east from the southern extremity of Lake Michigan, and the
line run from the said southern extremity to the most northern cape of
the Maumee bay, be, and the same is hereby, erected into a separate and
distinct township, by the name of Sylvania; and that all such part of said
ranges seven and eight, together with the territory east of the Maumee
river, as lies between the line run from the southern extremity of Lake
Michigan to thle most northern cape of' the Maumee bay, and between
Lake Erie and the line run due east from the southern extremity of Lake
Michigan to Lake Erie be, and the same is hereby, erected into a sepa



[ Rep. No. 380. ]


87,


rate and distinct township, by the name of Port Lawrence; and the
qualified electors, within each of said townships, are hereby authorized
and required to meet at some suitable place within such townships respectively, on the first Monday in April next, and elect, according to law,
three justices of the peace, within and for each of said townships, three
constables, and a competent number of other township officers, as required
by the laws of this State: Provided, however, That the township officcrd
now exercising jurisdiction within said townships, shall be permitted to
exercise their hfunctiols until said townships shall be duly organized under
this act.
SEC. 8. That for the purpose of defining, with more certainty, that part
of the northern boundary of' this State, as declared by tihis act, which lies
west of Lake Erie, it is hereby made the dutty of the Governor to appoint
three commissioners, whose duty it shall be to re-mark that part of said
line, lying west of Lake Erie, (conmonly known as Harris's line,) distinctly
upon the trees, where they are to be found suitably situated; and where
tlhere are no trees suitably situated, tiey shall erect suitable monuments,
with inscriptions plainly marked; and the said commissioners shall be
authorized to employ such assistants as they may find to be necessary;
and should any of the colmmissioners to be appointed as aforesaid die, neglect or reftise to act, the (Governor shall fill such vacancy as often as the
same may occur; and tie said commissioners and their assistants shall
each receive a sum not exceeding three dollars per day, for the time they
may be engaged in the said service, to be settled and paid by the Governor
o.It of his contingent fund.
SEC. 9. That it shall be the (lItty of the comnlissioners to be appointed
by the Governor, to proceed, at as early a day after their appointment as
practicable, to the discharge of their duties; and said commissioners shall
forthwith report to the Governor, stating tle manner in which their duties
have been performed. 
JOHN M. CREED,,Speaker of the HIouse of Representatives.
PETER HITCiHCOCK,
Sp)eaker of the Senate.
Iebruaryj 2:3:, 1835.
'SE3CRETARY OF STArTI;' OFFICE,
Columbus, Ohio, February 23, 18365.
I certify that the foregoing preamble and resolutions and act are true and'
correct copies of the original rolls thereof remaining on file in this office.
B. IIINKSON,
ASecretary of State.
F No. 3.
AN ACT to prevent the exercise of a foreign jurisdiction within the limi:i. of the Territory
of Michigan.
SEC. 1. Be it enacted by the Legislative Council of the Territory of
Michigan, That, if any person shall exercise, or attempt to exercise, any




88                    [ Rep. No. 380. ]
official functions, or shall officiate in any office or situation, within any
part of the present jurisdiction of this Territory, or within the limits of
any of the counties therein, as at this time organized, by virtue of any
commission or authority not derived from this Territory, or under the laws
of this Territory, or under the Government of the United States, every
person so offending shall, for every such offence, on conviction thereof
before any court of record, be punished by a fine not exceeding one thousand dollars, or by imprisonment at hard labor not exceeding five years, or
both, at the discretion of the court.
SEC. 2. And be it Jurther enacted, That if any person residing within
the limits of this Territory, shall accept of any office or trust from any
State or authority other than the Government of the United States or
Territory of Michigan, every person so offending: shall be fined not exceeding one thousand dollars, or imprisoned five years, at the discretion of
the court before which any conviction may be had.
Approved, February 12, 1835.
EXECUTIVE OFFICE,
Detroit, February 19, 1835.
SIR: I have received the special message of the Governor of Ohio,
recommending to the Legislature of that State the passage of a law extending their jurisdiction over the country in contestation w7 ith Michigan. I
have not yet been directly notified of the passage of this law, although I
have been infbrmed, from a source which may be confidently relied on,
that it will receive the sanction of almost a unanimous vote of both
branches of the Legislalure. Should this law pass, of which I have no question, the policy of Ohio will be to oltain jurisdiction over the territory in
dispute before the authorities of Mlichigan are aware   of her movements,
and thus place us in the wrong, by making her struggle for jurisdiction
defensively. This Michigan is called upon to prevent by every means in
her power. It is unnecessary to examine the views and arrangements of
the Governor relative to our southern boullldary, as contained in his message. They are such as hlave been entertaille d ii advanced on the part
of Ohio since the origin of the dispute with us. You are familiar witlI
the grounds taken by Michigan in opposition to the claiml of Ohio; and I
believe I may confidently assert that, with tile exception of a few persons
on the extreme border of the disputed territory, who are governed by private considerations, this subject is filly understood by our citizens, and
that there exists amongst them but one opinion as to tile merits of the controversy. We are the weaker party, it is true, but we are on the side of
justice; and, with the guidance of Him wllo never forsakes the weak, or
hesitates to pursue with punishment the unjust, we cannot fail to maintain
our rights against the encroachments of a powerfill neighboring State. But
one feeling, I am happy to say, prevails in every department of society.
Whatever may be our local divisions on other questions, on this there
exists no division. The cause of Michigan is advocated by the united
voice of her freemen.
The course now pursued by Ohio is, certainly by Michigan, as it nmst
be by the nation, as much regretted as it was unexpected. In the question of disputed boundary between Michigan and Ohio, that State has
always contended.that Congress have a right to legislate upon it. Michigan has urged it to be a question for judicial adjustment; but, granting for




[ Rep. No. 380. ]                        89
a moment that Ohio is correct in the power which she has been willing to
give to Congress over this subject, does it not seem an unjustifiable, if not
an unwarrantable and high-handed, measure, that, while she is still urging
the question before that body, she should take the remedy into her own
hands, and attempt to seize by force what she has not as yet been able to
obtain by the sanction of the Congress of the United States?
Under existing circumstances, but one of two courses is left for Michigan to pursue if Ohio continues to persevere in the attempt to wrest from
us our territory, as she now meditates-involuntary submission to encroachments upon our rights, or firm and determined opposition to her:
the latter, though painful to us, is preferable to the former, and must be
decided upon. With this view, I have, with a due regard to the important
and delicate task assigned you, concluded to give you the control of the
measures necessary to be adopted in consequence of the peculiar and unpleasant relations which, I fear, may soon exist between the civil authorities of Ohio and those of this Territory.
It is desirable that your proceedings should be colducted not only with
decision and firmness, but with forbearance and discretion. You will use
every conciliatory argument and persuasion to induce the officers of Ohio,
in the event of the passage of the law contempllated by the Legislature
of that State, to desist from all attempts to extend their jurisdiction within
the limits of Miclligan as they exist. Your own prudence will dictate the
necessity and importance of forbearing to use force until all other means
shall fail; but, in tlhe event that the officers of Ohio should still persevere
in the attempt to exercise their official functions within the limits of any
of the organized counties of the Territory, you will promptly and energetically enforce the act of the Legislative Council, a certified copy of
which is herewith enclosed to you. The law makes it a criminal offence,
under the penalty of imprisonment for five years, and a fine of one thousand dollars, for any officer, other than of this Territory or of the United
States, to exercise, o)r attempt to exercise, any official functions within any
part of tile present jurisdiction of this Territory.
This law must be rigidly enforced, if necessary. You will, however,
readily see tile importance of using the civil officers of the Territory in all
cases where individuals are to be arrested. Your power must necessarily
be discretionary.
You are authorized to call to your aid. in the event that the posse comitattis of the sheriff is insufficient, any assistance that may be required to
resist such strength as the civil and military authorities of Ohio may bring
against you. In no event, however, will you call out the militia, until absolute necessity demands it.
It is mportant tht no individual should be permitted to hold a commission, either civil or military, under this Territory, who is in the least degree
disposed to favor the views of Ohio. To enlale me to vacate the commissions of such as are in the interest of Ohio, yo1 will personally visit
the inhabitailts residing on the disputed tract, and ascertain every individual officer who is in favor; or suspected to be in favor, of the claim of
Ohio. Such persons should be immediately removed from office, and you
will report them to me without delay. You will also select such persons
for civil and military officers as, in your opinion, may be relied upon for
discretion and firmness, and for their devotion to the cause of Michigan.
Commissions will be issued immediately to such persons as you may de



[IRp. No. 380.: 


sinate. I enclose you a list of the civil officers of Monroe county, which
will assist you in your investigations.
I have thus, sir, reposed in you a highly important and delicate trust.
In so doing; I have evinced to you the high estimate in which you are held
as a public officer. Upon your sound judgment, deliberate firmness, discretion, and forbearance, much depends, in the event of a collision with
Ohio. Many of the calamities and unpleasant consequences attending such
an event may, it is hoped, be avoided; but, should the worst come to pass,
you know the duty assigned you, and you are aware of what is expected
from you.
You will communicate to me your views and movements fully and freely.
Communications will be forwarded to you from this office as circumstances
may require it.
Very respectfully,
Your obedient servant,
STEVENS T. MASON.
To. Brig. Gen. Jos. W. BROWN, Michigan Militia.
Copy of the official repo"t of the Commissioners of Ohio.
PERRYSBURG, May 1, 1835.
SIRt: In discharge of the duties which devolved on us as commissioners
appointed by your Excellency for re-marking the northern boundary line
of this State which is known and distinguished as Harris's line, we met at
Perrysburg, on Wednesday, the 1st of April last, and, after completing the
necessary arrangements, proceeded to the northwest corner of the State,
and there succeeded in finding the corner, as described in the field notes of
the surveyor, Harris, a copy of which we had procured from the Surveyor
General's office. Thence your commissioners proceeded eastwardly along
said line, which they found with little difficulty, and re-marked the same,
as directed by law, in a plain and visible manner, to the distance of thirtyeight miles and a half, being more than half the length of the whole line.
During our progress, we had been constantly threatened by the authorities
of Michigan; and spies from the Territory, for the purpose of watching
our movements, and ascertaining our actual strength, were almost daily
among us.
On Saturday evening, the 25th ultimo, after having performed a very
laborious day's service, your commissioners, together with their party, retired to the distance of about one mile south of the line, in Henry county,
within the State of Ohio, where we thought to have rested quietly, and
peaceably enjoyed the blessings of the Sabbath; and, especially, not being
engaged on the line, we thought ourselves secure for that day.
But, contrary to our expectations, at about twelve o'clock in the day, an
armed force of about fifty or sixty men hove in sight, within musket shot of
us, all mounted upon horses, well armed with muskets, and under the command of General Brown, of Michigan.
Your commissioners, observing the great superiority, having but five
armed men among us, and who had been employed to keep a look out, and
as hunters for the party, thought it prudent to retire, and so advised our
men. Your commissioners, with several of their party, made good their
retreat to this place: but, sir, we are under the painful necessity of relating,
that nine of our men, who did not leave the ground in time, after being



[ Rep. No. 380. ]                         91
fired upon by the enemy from thirty to fifty shots, were taken prisoners,
and carried away into the interior of the country. Those who were taken
were as follows, to wit: Colonels Hawkins, Scott, and Gould, Major Rice,
Captain Biggerstaff, and Messrs. Ellsworth, Fletcher, Moale, and Rickets.
We are hapiy to learn that our party did not fire a gun in turn, and that
no1 one was wounded, altiough a ball from the enemy passed through the
clothing of one of our men.
We have this day learned, by some of the men who were arrested, and
have just returned, that they were taken to Tecumseh, under the escort of
the armed force; were there broulght bfore the magistrate for examination;
that they denied the jurisdiction, but that six entered bail for their appearance; two were released as not guilty; and one, to wit: Mr. Fletcher, refused to give bail, and is retained in custody. We are also informed, by
unquestionable autlority, that, oil the same Sabbath day, an armred force
of several hundred men were stretc!hd along the line, to tile east of us, with
a view to intercept us on our wav. Under existing circumnstance, and in
the present threatening attitud.e of affairs, your commissioners have thought
it prudent, fbr the inAter;est of the State, as also for the safety of her citizens,
and to prevent the tlhrelaten.ed efrtl;sion of blood, to withldraw from tie line
at present, and suspend tile firther prosecutionl of the work until some efficient preparatory measures can be takeln w!hich will enlsture tie comlpletion
of the undertakill.
All of which is respectfuill submitted.
JONATHAN TAYLOR,
J. PATTERSON,
URI SEELY,
Commissioners.
'To ROBERT LUCAS, Esq.
Goveraior of/ the,S1ate (of Ohio.
F  INo. 4.
IEIXElCU1I'1V.E OFFICE,
Detroit, IFebruary 20, 1835.
SiR: I have the thonor to enclose you, to be laid before the President of
the United States, sundry papers bearing upon the question of disputed
boundary betweenl Ohio and MNichigan; fiom which it will be seen that
there is a possibility of collision between tie civil authorities of that State
and this Territory.  You will perceive from them tlhat Ohio has determined
upon taking forcible possession of the territory claimed by her, by extending her jurisdiction over it, without waiting for the final action of Congress
upon the subject. Such is the painful anxiety with which Michigan contemplates such an event, that I am illduced, by a sense of duty, to communicate to the President tihe course she will pursue in consequence of it.
In- December last, the Legislative Council of this Territory, with an
anxiety to avoid all possible collision with a sister State, and with a disposition and wish to adjust amicably the question in dispute with Ohio, passed
a law providing for the appointment of commissioners to adjust the boundary-between the State or States to be formed north of an east and west line
drawn through the southerly extreme of Lake Michigan, and the States of




92


[ Rep. No. 380. ]


Ohio, Indiana, and Illinois. This law was communicated to the Governor
of Ohio, with the expression of a belief that the conciliatory disposition
manifested by Michigan would be met by a corresponding feeling on the
part of his State. To that communication I have never received the cold
formality of an answer, although, strange as it may seem, it is made the
singular pretext of a recommendation of the Governor to the Legislature,
urging the passage of a law extendiigo their jurisdiction over that part of the
Territory of Michigan claimed by Ohio. An offer for the amicable adjustment of a serious and unfortunate controversy, if not met with insult, is
received and acknowledged by an attempt at additional wrong and injustice.
It may not be unimportant to notice the grounds taken by the Governor
of Ohio in his communication to the Legislature. He assumes that Michigan has no right to authorize a negotiation on the subject of boundary, and
denies that any arrangement, entered into with commissioners appointed
under her authority, would not be binding on Michigan herself after she
becomes a State. This position I entirely dissent from. By the ordinance
of July 13, 17S7, upon which this controversy is based. and from which all
the parties interested mnust derive their authority to act, it is expressly
declared, in the fifth article, that the State to be formed north of the present
State of Ohio shall be bounded on the south by an east and west line drawn
through. the southerly bend or extreme of Lakec Michigan. This article
of the ordinance is fixed and determinate; no provision is given Congress
to alter or amend it. On thle contrary, it is expressly declared that this part
of the ordinance "; shall be considered articles of compact between the original States and the PEOPLE and STATES in the said 'Territory, and forever
to remain unalterable, except by COMaMON CONsrNT."
The great error into which Ohio llas fitllen, in the power which slse supposes Congress to possess over this subject, is this: she does not separate
the first part of the ordinance of 1787 from the latter, and thus confounds
the power possessed by Congress over tlhe first with tlhat of the second.
The first and second sections of tlhe ordinance provide for the form of
government lo be extended over the Nortlhvestern Territory, giving to
the people inhabiting the same a delegate in (Congress, a Governor and
Secretary of the Territory, and a local Legislature. This part of the
ordinance Congress possesses the righlt to alter and amelnd. and has so
done repeatedly. The third section, however, contains this langtuage:
"The following ARTICLES shall be considered articles of COMPACT between the original States and the People and States in the said Territory.
and forever to remain unalterable, except by COMMON CONSE.NT."  These
fundamental articles secure to the people of the Territory, first, fieedom of
religious worship; second, thle benefit of tile habeas corpus and trial by
jury; third, the encouragement of religion and morality; fourth, that the
Territory shall forever remain a part of the confbderacy; and the fifth
article points out and declares the number and boundaries of the States to
be formed in the Territory, defining the northern boLuidary of the eastern
State (Ohio) to be " an east and west line drawn throu 'l', the soatherly
bend or extreme of Lake Michigan."   Upon this provision of the ordinance Michigan bases her right to the territory claimed by Ohio. If Con'gress 'can take from her this right, she may be deprived of every other
which she possesses under the ordinance; ALL THE ARTICLES of that instrumnent being declared "articles of compact between the original States
and the people and States in the said Territory, and forever to remain un




[ Rep. No. 380. J


93


alterable, except by COMMON CONSENT." Will it be contended then that
Michigan is not a party to that compact, or that it can be altered without
the consent of the people within her territory, or the State soon to be formed
within her boundaries? With this view of the subject, it is left for the
nation to determine whether Ohio has not evinced a disposition to disregard
the fundamental laws of the country in' ier present attempt at seizing upon
a portion of country justly belonging to Michigan.
The Governor declares that " the question of boundary, if existing at all,
is between Ohio and the United States." Without yielding to this suggestion, I would respectfully ask if his Excellency had not overlooked the
fact, that the delegation of Ohio in Congress were urging her claim upon
the General Government at the very time when he recommends that she
should take the remedy in her own hands, and seize possession of the territory in dispute? I mention this to show that Ohio is governed by no
fixed rules of justice, but rather by an eager and greedy disposition to
grasp after territory and power.
The contrast between the conduct of Ohio and Michigan, througlh the
whole course of this controversy, is worthy of consideration. In all her
movements, Michigan has evinced a wish to await the final adjustment of
the question in the mode pointed out in the constitution. She might have
involved herself in a dispute with Indiana, hlad she desired controversy;
but, while she holds a claim to a district of country now in possession of
that State, she his been willing.to leave it to the final judgment of the
Supreme Court of the United States, rather than be involved in a conflict for jurisdiction with a neighboring State.  Had Ohio followed a
similar course, a controversy, whichi may ultimately lead to serious consequences, would not now be apprehended. Michigan looks to such an
event with painful apprellension. Against the enemies of our common
country her citizens will always be ready and eager to act, but, in a controversy between frientds and neighbors, they reluctantly embark. Even
though painful it may be, and however reluctantly they may undertake it,
the people of Michigan will protect their rights from encroachments, let
the attempt come from whom it may.
To meet such a contingency, the Legislative Council of this Territory
have passed a law, making it penal for an officer of Ohio to exercise the
functions of his office within the limits of the present jurisdiction of
Michigan. I enclose you a copy of this law. You will also find enclosed
the copy of a letter of instructions to General Joseph W. Brown; the
course marked out for him will be strictly followed, in the event that Ohio
still perseveres in what she has undertaken.
Under the circumstances of the case, it is submitted to the President how
far the Government of the United States can intercede in preventing this
controversy. It is brought upon Michigan unsought. The determination
she has come to has notbcen hastily formed. Although with them, I trust,
in spirit and feeling, I am but the humble instrument, borne forward and
sustained in the sentiments I have avowed by the united voice of the people
of Michigan.
1 have tile honor to be,
Very respectfully,
Your obedient servant,
STEVENS T. MASON.
To the Hon. JOIN FORSYTH,
Secretary of State.




94


[ Rep. No. 380. ]


DEPARTMENT OF STATE,
Washington, Mlarch 14, 1835.
SIR: The Acting Governor of Michigan has made known to the President his apprehension, that a collision may take place between the authorities of that Territory and those of: the State of Ohio, in consequence of
measures about to be taken for extending the jurisdiction of that State
over the territory in dispute between Ohio and Michigan. The President,
confident that both parties will do justice to his motives, has instructed me
to express to your Excellency and to the Acting Governor of Michigan,
his earnest hope, that the exercise of mutual forbearance and prudence
will render such a result impossible: he trusts that both parties will see,
that the question at issue is one which, from its nature, does not permit any
other than a peaceful decision.  It appears to him, that as the State of
Ohio has already brought the subject before Congress, it should be left for
the action of that lcdy. In any event, the forIm:ation of a State Governmeni in Michigan will roon afford an opIortunity for obtainingl a judicial
decision. It is with these views that he has directed me to make this
appeal to the forbearance of both parties, ~who, however they may be
geographically divided, must be fully sensible of those obligations whicll
they owe to each oller, as parts of the same great political fitmily.
I have the honor to be,
Your Excellency's
Most obedient servant,
JOHN IORSYTH,
Secr'etory of S'tatc.
I Is Exclllency ROBERa' LUC(AS,
(T;overnor of Ohio.
DEPARTMENT OF STATE,
Washlinglont, Aarcht 17, 1835.
St:: Since my communication to you of the 14th instant, the President
hlas heard with great regret, that preparatory orders have been issued, as
well by the authorities of the State of Ohio, as by tliose of Michigan, to
the militia, manifesting an intention to maintain by a mililary force, their
respective claims to jurisdiction within the disputed Territory. T'he subject is now under his painful consideration, and he may hereafter decide
upon communicating farther with you in relation to it. In tlhe mean time,
he has directed me, in addition to the appeal already made, to suggest to
both parties, that under no circumstances, in any part of our country, can
military force be justifiably used except in aid of the civil authority in
executing civil process.
e   I am, sir, your obedient servant,
JOHN FORSYTH,,Secretary of State.
His Excellency ROBERT LucAS,
Governor of Ohio.
DEPARTMENT OF STATE,
Washington, March 19, 1835.
SIR: 1 have already had the honor to inform your Excellency, that the
President had under his most serious consideration the unhappy contro



[Rep. No. 380. ]6
versy between the State of Ohio and the Territory of Michigan. Since
then he has delterm-inied upon sending, one or two commissioners to confer
with you and the Acting Governor of Michigan on the subject. He trusts
that,nothinocr will be done on either side until they shall have had the co'nference. He hopes this forbearance confidently from you, and he expects
it froii the Acting Governor of Michiganl.
I am, sir, your Excellency's
Most obedient servant,
JOHN FORSYTH.
Secretary 0j'1'aSte.
His Excellency RO0BERT LUCAS,
Governor- of Ohio.
DE~PARTMENTT OF STA~ru,
Washington, Mlarch 24, 1835.
GE ATL FAIEMN:  The President's ob~ject in selectingo you to visit thle
Governor of tlhe State.of Ohio, and Acting Governor of' Michigan, hat-s
been alreadv verbally made known to you, and he feels sensibly the
promptitude withl which you have undertak~en the service. The Chief
lkagristrate declines all right authoritatively to interfere, especially with
the Govei~ner of the State, acting under the authority of a State lawv.
His pu~rl)0e in appointing you was to confer -with thle Go0vernior of Ohio'
and the Actinw Governor of Michigran, to Point out to themn, with friendly
soleicitde, the d(eplorable consequences whlichi may finally ensuec if their
respectiv e cIlainis are to he asserted in the, spirit of recent preparation
On both sides —cousequences deeply affectinga the interests of aill, and fixing Upon thle ei'a~raC~ter of our political institti~ons ain indelible stain.
It is not for thie President to determinie which party is right; withi that
he has, in tin:' state of the controversy, nothingr to do. His sole anxiety
is, that neititer whether right or wron~g, shall do itself aind the Uinited
States thie grossest injutstice, breotntoa mode of settling thle quiestion never anticipated by the framers, of our admirable systemn of governinent. aid not to be an.'ticipated withiout detestation and horror. NVhatever mayv 12  ecessary to bring the question between the parties to a
poiuUar"zL' wi.chI pe0a ceable decision is- i nevitahie, whether through the
a   0ef>;orss   r     courts of juistice, you will encourage by youir
cominsc,1 whatever beyond, youl must endeavor to prevent lby all the appeals
that czan be madic to the honor and integrity and (rood sense and patriotisni of either side.  If' no othcr r-esort is left, you wvill direct thme
Acting ',Governior of Michiganl under no state of excitement, to resort to
force, under the Territorial lawv, until an opportunity shall be afforded to
Congress to consi'der if that act requires to be disapproved.  In giving
this direction, youi will explain that it is the President's expectation that
the subj'ect- wtill be finally disposed of' by Congress ait their next session
or if not. tlult the estalblishlment of a State Governmnen.-t in Michigran wvill
soon  Aa~ce the Territory upon thle proper footing of eqnality w~ith the
State, and brino- ttie subjlect of dispute between them within the provision
of thre constutution of the United States.
You wvill reptair, by the shortest.route, to that point within or near the
boundarv lin~e ot Ohio at which Governor Lucas and Mr. Secretary Mason
are to lbe lound, and wvill then, by your earnest solicitations, proceed to
persuade th e partries respectively to such a forbearing course on each side




96


[ Rep. No. 380. ]


as will be consistent with their duties to themselves, to their respective
offices, and to the honor of the country.
You will be so good as to keep a memorandum of your expenses while
on this service, which, with a proper allowance for the time occupied in
performing it, will be defrayed at this Department.
I am, gentlemen, your obedient servant,
JOHN FORSYTH.
Hon. RICHARD RUSH and
BENJAMIN C. HOWARD.
F No. 5.
Mr. Rush and Col. Howard present their best respects to Governor Lucas,
and beg leave to inform him that they arrived here a few minutes ago, in
execution of a duty devolved upon them by the President of the United
States, which makes it necessary that they should wait upon Governor
Lucas at Perrysburg, in the hope of having the honor of an interview
with him.
It is accordingly their intention to repair to Perrysburg, after they
should have an opportunity of seeing'the Acting Governor of the Territory
of Michigan, now, as they have just been informed, at Monroe, for which
place it is their intention to set out immediately.
Toledo, April 3, 1835,-FRIDAY NIGHT.
Governor Lucas has had the honor to receive the note of Mr. Rush and
Col. Howard, of the 3d inst. He will be happy to see them, either at this
place or Toledo, as they may prefer. They will be pleased to accept his
most respectful compliments.
Perrysburg, April 6th, 1835.
F No. 6.
The undersigned have already made known to his Excellency Governor Mason, in verbal conferences, the object of their visit to this portion of
our common country, and the sentiments which they were instructed by
the President to express, in relation to the unfortunate condition in which
the controversy between the Territory of Michigan and State of Ohio is
now placed. They will merely, therefore, repeat, that, as respects the
rights of the respective parties, the President, as Chief Magistrate, wishes
to express no opinion at the present moment, because he considers it a
question peculiarly proper for adjustment by Congress, and which that
body will, at its next session, in all probability, examine and decide. All
that the President feels himself authorized to do at present is to appeal to
the respective authorities of the Territory and State, to enforce their claims
to the jurisdiction of the tract of land, which both allege to be included
within their boundaries, with such a spirit of moderation and forbearance
that violent collisions may be avoided. His great object is the preservation
of public peace.  Looking to the preservation of domestic tranquillity




[ Rep. No. 380. ]


97


thr;n:..!:t tlo wide region of the United States as one of the chief motivt..'.it iAd to the iformation of the Federal Government, and one of the
ch: i;st bi.:ssinll -   flowing from its establishment, he. feels it to be an impera i, a, dlut:t; to exert his friendly influence with boti the parties to the contro(,',: vy;:idcr consideration, so to entorce thpir respective rights as to avbid
a r::i  to violence upon either side. Without adverting to the numerous
and i:.cgit mrrotives by which such a course is recommended, and which
the:iiid.;'sirlied have had the honor to express in verbal conferences
hit'. -i't), it becomles their duty to inform his Excellency that a case has
occ t red, to th e consideration of which they are directed to call his attentio;. i;v tile express letter of their instructions.
Ti'e T'rritoriil law of Michigan, approved on the 12th ot February,
18:.;, cilled "An act to prevent the exercise of a foreign jurisdiction
wit li.i the limits of the Territory of Michigan,' like all other acts of the
L^i ilative (Council, must be subject to the revisal of Congress, although
v,!'d lnt ill dissent has been pronounced. But as it is a criminal law, the
p,,t,\r of the Governor has been thought competent to dispense with its
optr':;tion, either in whole or in part, without interfering with the eercise
of trl: jtudicial power of the courts.  The undersigned are profoundly
seni-:i)le that there exists no controlling power in the country, either under
the &ederal or any State Government, to dictate to the tribunals of justice
the course to be pursued. The stream which flows from the independent
exerc:i:e of judiiial functions must be permitted to hold its course, un-,
chec:k Ad by influence or unbiassed by power. Nevertheless it is respectfully stIluitted to his Excellency whether there cannot be found within
the scope of his powers, a mode of dispensing with the rigorous punishments of a criminal law, without clashing with any co-ordinate authority,
or violating the spirit of our institutions; and if so, whether it is not expedi;nt to pursue that course in the case to which, as they have just, said,
they wish to call his attention.,
At the moment of writing this note, indictments exist in the court now
in session in this place, against several of the inhabitants of the disputed
territory for a violation of the Territorial act of February 12, 1835, and it
is understood that the process of the court is about to be served with a
strong arm. It becomes the duty of the undersigned therefore to make
known to his Excellency the wish of the Federal Government, that under
no state of excitement should resort be had to force under this Terrttorial
law, until an opportunity shall be afforded to Congress to consider if that
act requires to be disapproved. It is the President's expectation that the
subject of the boundary line between Michigan and Ohio Will be finally
disposed of by Congress at their next session; or if not, that,the establishment of a State Government in Michigan will soon place the Territory
upon the proper footing of equality with the State, and bring the subject
of dispute between them within the provisions of the constitution of the
United States. In making this communication, the undersigned believe
that,they have not departed from the attitude which, in the spirit of their
instructions, they have assumed, viz: that of being the friends of both parties, whose rights, interest and honor are equally cherished by tei PLVresident; and thicy confidently trust that no step which they may have taken
will be found adverse to such an impartial position.
They beg leave, in conclusion, to acknowledge the friendliness with
7




*                  [ ~~~~~~Rep. No.  s3o.3
which they have been received by his Excellency, anid to request haim to
accept the assuranices of their high consideration (ind esteem,
RICHARI) RUSH,
BENJ. C. HOWARD.
MONRO, Apil 10, 1835.
His ExcellenBcy STEVI-,NS T. MASON,
-       ~~Acting Governor of- Michigan.
TOLE DO, Mlay 1,18 35.
DEAR SIR: We have just received your favor of this date, -and regret
to learrrf that his Excellkucy Governor Lucats, contemplates setting7 out fo r
Columbus as soon as to-morrow:, Col. Howai-d has been confined to his
bed by indispositioni, since last eveninig, and has, only juist left it; but, if
he should be suffliciently recovered,-we wil] both of' us have the lhcnor. of
waiting on the Governbor at Port Miamif as soon after breakfast to-morrow,
as we can reach it. Should hie' uinlbrtUnately, b.e too -unwell, t will go
alone.
I reman,Ii dear sir, very respectfully,.
Your iriend alld servanft,
*                                   ~~~~~~~~RICHARD RUSH.
General BELL.
An intcrvicwv between Governor Lucas and Ri6chard Rutsh and C~ol.
Hloward, United States Commiissionerc,5s.
1st. The Commissioners of Ohio, to mark the line without m-olestation
or hindrance by any process of' a public 6haraeter, -or by troops, or in any
other manner.   Should individuals incline to brimg tetiouls of trespa ss
against thefii, all reasonable efforts to bie made to ditssu'ide them fr-om this
course.
2d. Should the inhabitants of the disputed territoiv be wkillinig, for thesake of present peace, to -submit to legal process, issuino from tile, courts
of Ohio 'and Michigan, it is understood that the executtve anllth~oiiti(es -will
intimate to the prosecuting officers;' their' wish ethbat dll indictments or recobrnizances, founded upon the Territorial act of 12th F ebruary, and the,
act of Ohio of the 223d' February, shalt be continued fromn termi to 'term,
until the termination of the. next session of Congaress; and, in case thle
qusinof jurisdiction shall, by that timie, be decdeierbCogrs
or the Supreme Court, all suich indictmnents, on both sides, shall be quassled.
Every reasonable facility to be afforded towar1ds bringing the question. before'
the Judiciary.
'PORT MI-AMI, May 2, 1835.
MONROE, Apr-il 10, 1835.
The undersig-ned has had the honor to receive the. note of Messrs. Rush.and Howard, communicatin~g to him the sentiments which' they were instructed by the President to express in relation- to the controversy 'now pending, betwveen Michigan Territo'ry', a Territory of the United States, and the
State of Ohio. In ackhowledging the receipt of their note, he is prompted
by-a sense of dut'y to- himself, as well as by the duty which is incumbent




[ Rep. No. 380. ]                          99
on hlirn as a subordinate officer of the Government, responsible to the Preslde:it tor his official acts, briefly, tlough respectfully, to state the views he
ent:rtaiiils of a part of their communication.
rTeil slentiments of the President, when lie urges the necessity of forbearalice by tle opposing parties, and expresses a desire that acts of violence
may nlt occur in enforcing the laws of tils Territory, no one can more
higily appreciate than the undersirgned. But, in a Government where
resp. t for tile suprelmacy of the laws is the great moral obligation which
coltrols;and governs society, there are sometimes considerations which
WolId even' seem to jastify and' require a resort to measures which are hot
usuallly demanded In the ordinary adminitration of justice.  The history
of o ir country will furnish such instances, although it is- with feelinls of
prid that tthe citizens of the United States can declare that those instances
have kten rare, and that when they have occurred, however great they
many. h:ve been at first to, the misrgided intention of those originating them,
tle iitelligence and patriotism of tile American people have thus fir preserved, lunstained, thie purity of our institutions, and have sustained the
cons'ituition and laws of thie country.
TP e co:troversy betwe;  Ohio land MicJhifant is one of the cases alluded
to. It is stated, "t1 tt as rcspe.ct ithe rihl'ts:i' tie parllties, the President, as
Cllief Magristrate, wishes to expres'ss no o;inlion at tie present moment,
andt ll that he feels liimsi(llf authorized to do at tlle present moment, is to
appeal to the respective authlrities of the Territory and State, to enforce
their c!itius to the jurisdiction of the tract of land w;hich both allege to be
include  witithin tlieir Iou!ndaries, vrith l  such a spirit of moderation and
forbearance thlat vilaent cl(C)1 ionls Iniay be;av.idci.."  With tle unfeigned
deftreence and respect which tle undersigned sholld entertain for tilq sentiments expressed, h         ld,  i copl, however mucl Ihe may regret it,to dissent
fo).l tle.nl. It is fully c;, icded t'hat thl Presideitt may well appeal to tile
authlorities of' Ohiti, to:f;:''their lcain:: t. jri ldi tioi with moderation
and f)rbearance, a1nd it  s hliope)d, and cvci e pecte td, that tile representation of tile views of t' t.o\.AvoeiilCent tlhrce ugl so high a source as that tO
wlhiclh they have b'Cen entrusted, would have had the effect to have ended
tllis controversy, broOuglt on and now urged by that State. Michigan is
guilty of no usurpation of authlority. JUnder tll opinion of the Attorney
General, the legal adviser of the President, she is in the exercise of a jurisdiction which slie has held for thirty years, and wvlich that officer, when
called upon by the 'President, declares to belong to her. His language is,
'that, until tile;a:;:-:   o'f "C)o',i'rss.i:iveln 't te claim of Ohio, it must be
considered as formnii.fr, }Ira'llrT  a p'r:t ':{ the T?'rr itor of Michigan."  Michigan is disturbed in tlie ex.ixrcise  ' o tht jur.idictiol; her officers of justice
have already been resisted; a.d to:;ailntaii nalid assert her rights, it ki
respectfiully asked, what dots thel Attorney General point out as the power
of the President, when solicited to assist and protect her?
I-e says "'it is only in obedience to the constitutional injunclion to
take care that the lawxs be faithliflly executed, that the President can be
authorized or required to interfI'e inl;l  of the matters growing out of
this controversy."  Are any nart of C;o;lgrcss now  in force interfered
with by the course pursued by tlhe authorities of Michigan? None. Are
any acts of Congress now in force interfered with by the course pursued
by the authorities of Ohio?  Tile Attorney General answers, that, in his
opinion, "the acts whicl provide for the government anf organization of




i00-                  [ Rep. No. 380. ]
the Territory of Michigan.may be thus affected." It is unnecessary to
enunierate these laws, as you have the/opinion before you. This officer
furdher adds, that the obstruction, by unarmed individuals, either singly or
in l.lumlbers,'of the process and orders issued al d nlde by tile officers of
Miclidgan, would probably be reachled by the 22d section of the act of the
30th April, 1790,  fotr the punishment of certain crimes.against the
United States."  An attempt by a military force; actually embodied, to
suppress the jurisdiction of the Territorial officers, acting as they do under the laws of the United States, in the disputed tract, and' to maintain
therein the exclusive jurisdiction of Ohio, would expose the parties concerned, if the region in dispute be legally a part of the Territory of Michigan, to criminal prosecutions of a still more serious character. It cannot
be disguised, that this prosecution would be for treason. He l:ad previonsly given it as his opinion, that the tract does legally belong to Michigan. With this view of the case, can a comlpromic, involving both the
rights and honor of the United States a-nd Michigan, be made? Can it
be asked or expected, that the jurisdiction of Ohio can be recognised
to any extent whatever, or can that State be permitted, by the United
Sta+es, to assume one jot or tittle of jurisdiction over lthe- tract claimed,by her, for one day or one hour, witholt considering themselves bound to
tepel it?
The undersigned, that his views may be fully understood, has thus
given an outline of the unfortunate controversy, and of the duties required, and rights affected, by its prosecution. He now arrives at that
which seems to be the main object of the note of Messrs. Rush and
Howard.
In anticipation of an attempt on the part of Phio to exercise a jurisdiction oter the tract she claims, the Legislative Council of this Territory
passed a law; on the 12th of February, 1835, making it a criminal offence
dpullishable by fine and imprisonnmnt. in any person who shall exercise,
or attempt to exercise, any official functions, or shall officiate in any office
or situation within any part of the presen't jurisdiction of the Territory, or
within the limits of any of the counties therein, as now organized, by virtue
if any commission not derived from the Territory or its laws, or under the
Government of the United States; and, also, subjecting to like prosecution
and punishment, any person residing within the limits of Michigan, who
shall accept of any office or trust from any State or authority other than
the Government of the United States or Territory of Michigan'." It seems
to be desired by those who have the administration of the General Government, that this law should not be enforced, and the undersigned considers
himself called upon, as the Executive of the Territorial Government, to
prevent its execution.
In answer to this, I must again refer to the opinion of the legal adviser
of the President. In speaking of the act of the Council of February 12,
1835, he remarks: i It is frue Congress have the power to annul any law
of the Territory, but until so annulled, it will be obligatory on all persons
within the limits of the Territory, unless repugnant to the constitution of
the United States, or the acts of Congress applicable to the Territory. The
act of Michigan does not appear to me to be liable to any such objection,
and I must, therefore, deem it a valid law."
It may not be unimportant to remark, that every act upon our statute
toot, civil and criminal, may yet be annulled by Congress; and if the fact. i...~




[ Rep. No. 380. ]


101


that Congress may annul an act of the Territory, be an argument requiring the suspension of.proceedings 1under them, then may the Territorial
'Government cease until the next Congress. But because tile power does
exist in Congress to annul at its pleasure aily Territorial act, it is-not reasonable to expect Congress will exercise it, unless a law of the Territory
be " reptugnant to the constitution of tile United States, or the acts of Iongress applicable to the Territory."  The' act of February 12th is liaile to
no such objection. 'Indeed, had it existed, Congress would have unntiled
it at their last session, when brought befbre them by the delegate from
Michigan, in the discussion of this very controversy. Its existence, was
then known to Congress, and the objections made to proceeding muder it
now, cannot be considered valid. The Attorney General of the lUnited
States declares the law to be obligatory upon all persons within the limits
of Michigan, and whcre, it is asked, exists the power to prevent its
operation?
It will be borne in mind that the proceedings against individuals residing
in the disputed tract, did not originate under the act of February 12th,
and that those are the proceedings of tile Judiciary, and not the tExecutive.
The undersigned fully concurs in the just sentiment expressed by Messrs.
Rush and Howard, that there exists no controlling power in the country,
either unrder the Federal or State Government, to dictate to the tribunals of
justice the course to be pursued, and with this firm conviction, he cannot
interfere in the execution and enforcement of the act of February 12th by
the judical department of tihe Government.
The suggestions are submitted for his consideration " that, as the act in
question is a criminal law, the power of the Governor has been thortght competent to dispense with its operation, either in whole or in part, withoult interfering with the exercise of the judicial power of the courts; and whether
there cannot be found within the scope of his powers a mode of dispensing
with the rigorous punishments of a criminal law without clashing with any
co-ordinate authority." Coming as these suggestions do from a source that
entitles them to his.most deliberate reflection, the undersigned has carefully
weighed them in his mind, and has arrived at the conclusion that there
exists in the Executive no power or authority to suspend the operation of
this law, even should he desire it. Its execution, in all respects, rests with 
the courts. The Executive will not, it is hoped, be called on to act until
after conviction in all prosecutions under it; and then he can only be approached in the exercise of his pardoning power. When that period artives,.
each prosecuiion will form an individual case, and lust be determined on
from the facts then submitted to him. Hle ned not add that it cannot be
desired or expected that the Goverfiment of the Territory wotvld exercise
the removing power to prevent the enforcement of this law. Such an extension of power would be an act of Executive usurpation and tvrnnny,
and would be placing every department of our government within the'
despotic control of a single officer, With such views and 6pinions, the
undersigned is constrained to'say he has no right to suspend the operation of the act of February 12, 1835. If he could suspend the operation
of the act of February 12, 1835. If he could suspend the operation of
this act, it may be asked what law of the Territory would not be tunder
his control whenever the Territorial Executive should will it. If the
authorities, in executing the law, should use force, it is not, it is conceived,
his province to control them. The officer obeying the order of the court




102


102         ~~~[ Rep. No. 380O. ]


must exercise his. iscretion in the force hie deems requisite to assi. t nunal
if he abuses that discrction, heiVhnrsosbet            h    o(r0    it
ment-of GoVern-ment. The Goveri-or of dhe Terillory, it is tionoll(.it ws
no connection with - the enforcement Of the law, until calle'd u~ponl Iy the
proper authorities for the, assi:~.tanee the laws, place zat lis, corime ud.
When that period unhappily -arrives, it will b-.e his (luty to deteriniiiic ihe
course he forl pursue; a-rid in so doing, it may not be, uin.11Olotzflt to
mietition, fo he consideration of MPi'ess-rs. Ruish aind Hlowa rd tChat the
powers and duties of the, Governor of   icgain the execution ci' t'.e1
laws, are 'understood to be the same-n a-s those ofL the President Firndcr the
constitution of the United States.
The tinder-Sig'ned regrets that this que-stion has, eve-,r been broulght before him. LHe yields to none in his attachinnent to the Presideni. TAo
the wishes of that indifidual lhe -feels pri'Naw eonsidieratioas which would
i~nuce him to yield, e,~Ven whent those of a public character should hI'l.
But, at present, he is xwarned by thle solemrn oath uender which he acts,
and, in obeyingC its injunctl ions, mst be the guardian of his own honor
and integrity.   Should the determintation of' the civil aiuthorlfic s to
as sert tile jurisdiction of Michigan lead to bloodshed, the nndersi n('Dd
would depldre suhel a c~flamity, and in his reg-ret would recollect th( less
Of national reputation xvehich would be incurred. But, amildst the 1( oom.
of the moment, Michigani will consider the h-onor anid reputtation she has
staked; anid, in their preservation, she cannot regrard the sacrities by
which it is to be accomplished.                  z
The undersigned, with sincerity, must. e-x-press the satisfaction he has
derived from his short connection wvith Messrs. Btush and 1 —oward; and
also returns them his cordial acknl~iowledgmenC1'ts 1bir the disinterested feelings which they have expresed in behal11"f of M,,Ichgn as wvell tis their
kindness to himself.
In conclusion,7 he would repeat what lie litis verbally made known to
theni, that he is not only willing, but -anxious, to afford. theme every assistance within his limited powver to enable thorn to accomplish the desirable
'objects of their mnission; and lie avails himsl-elf of this occasion to assiu}e
them that he-is,
With sentiments of the highest consideration and esteem,
rTheir obedient sevant,
STEVENS T. MNASON.
To the Hon. RICHARD Rvsrii and
BENJ. C. 11OWARD,
('ommnissionc-is of Ith Uniited St~atcs.
MON ROE, M ay 1, 1S'05.
'in consequence of the serious character which the controversy between
the State of Ohio and the M,1ich-iga  re~rritorv is a-ssumning, the undersignied
is induced distinctly to communicate to Messrs. Rush and Howa-rd, inl
wtiting, as hie has before stated to them verbally, that if the Authori~is of
~the State can be satisfied with the running- of the northern bouindary line
aS now Coniternplated. unattended by any otljerat~tem11pt to extend theirjutrisO4ictiotu over the district of count-ry belo~gn011g to. Michigan), the authorities
of the. Territory will interpose no obstacles to the mneasure. The runnfiingT
of this line must be in Contemplation of aEl ju-risdiction to be exercised when
thie competent tribunal decides the question for them,',and not in further



[ Rep. No. 380. ]                      103
ance of an assumed and usurped jurisdiction by the State. The undersigned, in making this proposition, to be submitted to the Governor of Ohio
for Ilis consideration, does not exercise an official power, but acts merelyas
the organ of that which he conceives to be public opinion in Michigan.
The undersigned feels himself further authorized to say that, for the purpose of giving to the controversy a judicial ch;lractcr, he will deliver over
to tle judiciary of Olio any individual Governor Lutca may demand under
the act oi Congrress, it being conceived tlat the courts are the only tribunals competent to decide the question of right.
Evvery facility will be affoided by the undersigned having a tendency to
give this direction to the controversy, and he avails himself of the opportunity to assure Messrs. Rush and Howard of tlhe consideration with which
lie is their obedient servant,
STEVENS T. MASON.
Honorab]le RICiAIRD RusH,
BENJ... HOWARD.
TOLEDO, Mlay 1, 1835, 8 o'clock, P. 1l.
SIR: We have just received your letter of this date, containing a suggestion bearing upon tle controversy unhappily subsisting between Ohio
and M\ichigan, wvhich we will take care to make known to the Governor of
the former. With this view we will proceed to Port Miami to-morrow
mnorning, retilrning in the course of tle day or evening; and we take the
liberty of say)ilg, that if it would not be incompatible with your personal
conveniciice to remain at Mouroe until our further answer reaches you,
which shalal not be delayed a momn;lnt longer than can be avoided, it might
save time, and tend to facilitate tile object of our correspondence.
We beg leave to tender to you assurances of tie respect with which we
have thee honor to be,
Your obedient servants,
RICHARD RUSH,
BENJ. C. HOWARD.
To his Excellency STEVE:NS T. MASON,
Actiing Governor of Michigan.                  '
TOLEDO, May 2, 1835.
SIRl: Having stated in our letter of yesterday, that we would proceed to
Port Miami this morning, we accordingly (lid so; and found Governor
Lucas just about to return to Columbus, for the purpose of convoking the
Legislature of Ohio. In conference with him, we suggested the basis of
an adjustment, as we found it stated ill your note, viz: that the line should
be run without further molestation; it being. understood, that Ohio would
waive all claim to present jurisdiction over the land in dispute. Governor
Lucas declined to accede to this arrangement, upon the ground tllat it was
as much his duty, under the law of the State, to extend the jurisdiction as
to retrace the line; and he had therefore no power to agree to such a proposition. Sincerely anxious to discover some mode of extricating the controveryr from the difficulties which surround it, we then, after sQme further
conversation, suggested the following as the basis of adjustment, viz:
1st. 'The commissioners of Ohio to mark the line without molestation or
hindrance, by any process of a public character, or by troops, or in any
other manner. Should individuals incline to bring actions of trespass




104


['Rep. No. 380. ]


against them, all reasonable efforts to" be made to dissuade them fr(om t; is
course.
2d. Should the inhabitants of the disputed territory be willing  lt('e
sake of present peace, to submit to legal process issuing from tIle; co:!r ': of
Ohio and Michigan, it is understood that the Executive authorities.:i!, ntimate to the prosecuting officers their wish that all indictments or ir,,!&;isances, founded upon the Territorial act of l2th February, atid act 0; i,;!io
of 23d February, shall be continued from term to term, ulntil t1e t(,  mimlttion of the next session of Congress; and in case the question of';l- 1i diction shall by that time be decided, either by Congress or the Si::inme.Court, all such indictments, on both sides, shall be quashed.
3d. Every reasonable facility to be afforded towards brirping  the qlestion before the Judiciary.
To the above plan, there is strong reason to believe that the asseil!t of
Governor Lucas would be given, as far as might be in his power; an.!, if
adopted by you, it would afford a hope of terminating the contrdvelr-'. so
properly characterized in your note as 'now assuming a serious character."
It is useless to enter upon a written explanation of points which have so,
often been discussed in conversation; and we will cotent ourselves with
saying, that if any temporary arrangement short of an exclusive juriidiction, will satisfy Michigan, the above appears to us to be as little olnjectionable as any we are capable of devising. Any answer with which you
may favor us will reach us at this place, and be communicated to Governor
Lucas.
With renewed assurances of high personal respect,
We have the honor to be,
Your obedient servants,
RI CHARD RUSHI,
BENJ. C. HOWARD.
His Excellency STE:vlNS T. MASON,
Acting Governor of Michtigan, now at lonroe.
MonoE, May 3, 1835.
The undersigned has had the honor to receive the note of Me:srs. IRush
and Howard of yesterday, and in reply, he is compelled to say, how:ver
painful the determination may be, that lie should consider an adjustm;ent of
the controversy with Ohio, upon the basis proposed by Governor Llca:., as
dishonorable and disreputable to the people over whom he temporarily resides as chief magistrate. With such sentimnets, the undersigned ca; not,
think of binding the citizens of Michigan, even so fair as his individual influence could control them, to the propositions contained in the note before
him. No "arrangement short of an exclusive jurisdiction will satisfy
Michigan."' In this, she hopes and expects to be sustained by the General
Government.
The undersigned again tenders'the assurances of his esteem and respect.
STEVENS T. MASON.
Hon. RICHARD RUSH,
BENJ. C. HOWARD.




[ Rep. No. 380. ]


105


TOLE.DO, May 4,1835.
SIR: By the mail of Saturday night, we communicated to the Acting
Governor of Michigan, the plan by which we hiad supposed, in the inter-,
view we had the honor to hold with you on that day, that a temporary
arranlgement might be made for avoiding collisions in this quarter; and
now find ourselves under the necessity of saying that, by his answer,
dated at Monroe, and received this morning, it has been declined.
In this state of things, it is our intention to leave this place and proceed
to, Washington; and we beg to assure your Excellency of the continued
and high consideration and respect with which we lhave the honor to be,
Your obedient servants,
RICHARD RUSH,
BENJ. C. HOWARD.
His Excellency ROBERT LUCAS,
Governor of Ohio, Columbus.
DETROIT, June 17, 1835,
SIR: I have been directed by the convention now in session here to forward the enclosed paper to his Excellency the President of the United
States.
Very respectfilly,
Your obedient servant,
JOHN BIDDLE.
HOp. JOHN FORSYTH,
Secretary of State.
In convention, convened at the city of Detroit, on the first day of June.
for the purpose of Jormzing a constitutionfor the fiture State of Mlichigan.
Mr. Norvell, from the county of Wayne, as chairman of a committee to
which was referred the resolution adopted by the convention, in relation to
the conduct of the authorities of the State of Ohio, and to a declaration of
the rights and views of the people of Michigan on the subject of the boundary line hetween said State and Territory, reported an appeal to the
people of the Union, and the following preamble and resolutions:
It was ordered that the President forward a copy of said preamble and
resolutions to tle President of the United'States.
Wheieas, with a view to maintain the jurisdiction and just rights of
this Territory over all the country included within its boundaries, by the
ordinance of seventeen hundred and eighty seven, and the act of Congress
of eighteen hundred and five, a law was passed by the Legislative Council
at their last session, entitled "An act to prevent the exercise of a foreign
jurisdiction within the limits of the Territory of Michigan:"
And whereas the provisions of this law have been construed to render,penal, as an act of jurisdiction, the running of a boundary line within the
limits of this Territory, except under the authority of the United States or
of the Territory:
And whereas, the General Assembly of the State of Ohio have passed an
act providing for running a line within the original limits of this Territory, and for the extension of the jurisdiction of that State over all that




106                   [ Rep. No. 380. ]
portion of the Territory south of this line; and the Executive of the State
has attempted to extend this jurisdiction and run this line, but las been
prevented from pccomplishing the same by judicial process, issued by the
authorities of this Territory:
And whereas the people of this Territory can have no other objections
to tihe running of this line than such as result from its being an exercise of
jurisdiction on the part of Ohio over a constituent part of the Territory,
but are willing, from concilitary motives, that the authorities or individuals
of that or any other State should make any survey, not interlfring with
private rights, which may be useful in ascertaining and deciding any point
in which they may feel interested:
And whereas the people of this Territory are sincerely desirous that the
controversy with the State of Ohio should be amicably adjusted and terminated; and, at all events, that further proceedings should l:e staved by the
parties interested until the constitutional tribunals can act in. the matter,
and are disposed, by an act of forbearance, to evince the anxiety they feel
on the subject; therefore be it, and it hereby is,
Resolved, (and made known by the convention of the Territory of
Michigan, assembled for tle purpose of forming a State constitutio,.)
That no obstruction or impediment will, or ought, in their opinion, to be
interposed by the people or authorities of this Territory, to prevent the
running or re-nmarking of the line called " Harris's line," nor any presecution instituted therefor, provided the same be accompanied on the part of
Ohio by no other exercise of jurisdiction.
But it is hereby expressly declared by this convention, on the part of. the
people of this Territory, that, while they are disppsed to make this effort
at conciliation, they are determined to;tssert their owrn jurisdiction by all
the lawful meatns in their power; and that the authority and jurisdiction of
this Territory will be maintained over all the district of country extending
to Fulton's line, the southern boundary between this Territory and thlt
State of Ohio; the laws duly enforced over all persons thernlin; and any
attempt to introduce any authority except that of thle United States or of
this Territory, by any person or persons whomsoever, will be immediately
repelled, and the laws on the subject rigorously enforced.
Attest:, JOH-N BIDDLE, President.
CHAS. W. WHIPPLE, ( S ectaes.
MARSHAL J. BAcoN,
F No. 7.
EXECUTIVE OFFICE,
Columbus, Jime 25, 1~35.
SIR: At my special request, our mutual fiiends, Mbssrs. Swayne, Allen,
and Disney, will wait on you, and present to your consideration my message to the Legislature of Ohio at the late special session, together with
sundry accompanying documents; also, the reports, acts, and resolutions
of that body on the subject of the controversy between the United States
and the State of Ohio, relative to the boundary line between this State and
the, Michigan Territory. These gentlemen will be enabled to explain to
you, personally, the nature of the claims of Ohio,,the opinions, views, and




[Rep. No. 380.]                          107.
interv inns of the people, as wvell as the constituted authorities on this imporn ulit sub-ject. They will present to yfii a resolutiton, in which it is
miade the, duty of thle Governor of O1hio to solicit of thle Pre~ident of the
Uui4States the appointment of one or more commissioners, to act with
tile comlfllSS'li~lers of Ohib in re-markingc thle line herdtofore run by.Mr.
Harrils; to wvhich. resulution I respectfully ask your attention, and -solicit
the a 10yointrnent of commiissioners, as requirod by said, resolution.
These, gentlemen wvill also present to your consideration an act authorizin~r to — ob-serve and comply with the, termis of anl arrang11(emenlt entered into
ait PerrVs'hn-(rg on the 7th of April last, with Messrs. Bush. aind Howard';
which arrangemient the citizens of Ohio are, still willing 'to observe. These,(entlernen will confer With von, and wvill lay the whole subject, together
with the proceedingrs, opinlions, aind 1intentions of Ohio, before you, and I
trust, hi a mianner sufficiently satisthectory to lead to an amicable arrangemeant of thel, difficulty, as specified in the, act of the 211th instant. Your
opieion oni the various subjet pr6ented to yotir consideration is respecthiflly solicited;and is -anxiously -anticipated to be of a character that will
allay tiue excitement, and lead to peace aind harmony onl our frontiers.
With the' most profound respect, 
I lam your most o bed en t servant,
ROBERT LUCAS.
iANDPn-NxV'w JACKSON,
Priesidenit of the Un-hited &S~ates.
WASITLN6TON, July 4, 1835.
Siun   Your letter of the 25th. ultiino, and the documents to which. it refers, r~alting to the controversy -about the boundary line between Ohio and
Michigi wvere duly hande1d to me by our friendsy, Messrs.' Swain, Allein,
and D11iiey.
After the most fr~ee and full conversation with these gentlemen, and.a
iatur reviexw of all the considerations (connected with the delicate subject,
we heave recommended the course of conduct set forth in'tho letter from
the Department of State of the '3d inistlant, to these, genltlemen1, accom~panyning this note, alnd which, I trust, with the verbal explanation th~ey will make,
Wvill Strike vour Excellency as the most suitable and proper under present
it is certainl11y greatly i~o be desired that every measure nlow taken should
be calculated to -avoid forcible hostile collision, and to induce' the parties
to wait peaceably for ithe action. of. the next Congress upon the subject.
Congrss i theonly tribunal competent to the settlement ofti question,
either by~ the refetence of it to the Judiciary, or by some other special act.
If th~e course nowv recommeded shall result in the cordial acquiescen~ce of all the parties, it will be truly gratifying to me, and cannot fail 
to seueto Ohi1o and to her Executive -the credit wvhich wvill be due to her
forbearancile, and to an earnest desire to preserve the peace of thle Union, at
the Fame time- that she, miaintains, wvith proper zeal, her own rights.
I amn, veryr respectfhlly,
Your obedient seivani~,
JI                       ~~~~A.NTDREW  JACKSON.
His Ex-cellency ROBERT LUCAS,
Goveritor of 0/kie.




WoS                     [Rep.. No. 31O ]" 
WASHINGTON, July 1, 1835.
SIR: In acewurdance With4 t~he wish intimiatead by thie President, at the
close of ollr'tonve —rsaL: ion t-is urnigwepced to commit to Writinfr(
the suibstalick- of the sugge~st ionis xvinch wuve theni had the ionior to subit.
Bef~re we,, d  so, per nt tis t) repei-.t that, although we have repaire-d to
Washingyton at the instancoe of the Go)vernor of Oitio, as indicated in his
letter of winch we iver(e hi' herers, we aippear inthe &aracter of prixrate
citizens, anid un)tie other. Tie purp~se of our visit is expressed ini the
letter referred to,. 'it is to bring about a i more fuill 'and satisfactory muitual
understanding thani is belijeved at presenft to ex:ist, anid to aid in averting
the unpleasantt co:ase~qnielces which might othecrwise possibly arise from
the e-visting post tre of tliiwrs.
Th~e arratvrngeent, entered into ait Perrysbmrg, with MNessrs. Rush and
Howard, o n toe 7th. of' Aprul idtltuo, (vide documents, p.:30,) provided:
1. Tfhat Htfrris's linie shoulld be rmn arid re-r-n irked, pursuant to the act.
of the -Le~risl1iturc of Ohio wvutuont interruption.
2. Thiat bothl parties s'.tO ild abstain fromn the, forcible exercisd of' jurisdiction up,-n tthe disputed terirtory unatil after tlhe close of the next session
of Congress.
The compromise bill of Ohio (as it is termied.) contemplates that this
arraDfP;-eet shiould 1)0 cai t iA out, anid that whatever has, been done inconsistent with its provisions s'hotild be undone: in other words1. rpjat the penidifng re uiaces and prosecutionis under the, act o
Michigan of 12th of February, 1835, Should be discharged and discontinued.
2. That no new prosecutions uinder that act should be instituted.
3. That Harris~'s line shotuld be run anid re-marked by the authorities of
Ohio,7 without interruption fromi those of Mlichigtan.
-4. That no forcible opposition be made by the authorities of Ohio oT
Michigati to the exercise of Jurisdiction by the other upon the disputed
territory within the time specified: the citizens residing upo)nI the territory
in question re_,ertirng to the one jurisdictio  oteohras they may prefer.
What Ohio expects and desires, 'as indicated by t~ebill referred to, is as
folIo ws
1. Tht theauthoitiesof ~1chg n shall not interrupt the running ihd
re-marking, of Harris's line, by O'hio.
2. That the authorities having charge, of the p~rosecuitions tinder the act
of Michigran 'above me~ntioned, 'shall discontinue those prosecutions, and
discharge the recoylnisanc-es taken Ior dlie appearance of. the defenidantts;
and that they abstain fromn instituting any new proseceitions unuder th-.at act
within the time slated.
The President rewarked that he believed advrice from the propcr sou11rce,
to the auhrte      f Michigan, npon thcse points, would prove effectual.
In this opinion we, concur uidoubtedly.
The steps suggestcd Wo'Id, thcrolbre, remove all practical diffic~flty, and
prevent the possibillity of an armed collision growing Out of the subject.,
This being done, wve feel authorized to say that, while tlue authorities of
Ohio xvould, _as far as practicable, consistent wvith the arrangemlent of the
7thi April, exercise a peaceable jurisdiction upon the disputed territory, she
would do nothing to prevent the exercise of a like jurisdiction by the
authorities of Michi~an; and that hereafter, a~ heretofore, she wvould mianifest unspirit of the ultmost forbearance, until Congress, at its next'se-11sionl




[Rep. No. 380.~                         109-1
shall have acted upon' the suibjeet, and settled, wnthoritatively, the cotte
que-stion of right.
P s r'~spects the appointmient of a comnmissioner on the part. of the United
Stairo's to aid in runufiacr the line that prop~osition was imiide by the Legislatti rei of Ohio in cotuirtesy to the General Goverunment. Tihere i~ ohn
in her legislation xwhiici midkes the app)ointmenit material  we deem it
urnrecessaiy, therefore, to. remarlk further upoli this p~oint.
In order to reader this communicationl as, brief' as possible', we have
purposely abstained fromn the discussion of' all considecrattions touching the
mnerit of the controversy.
With great respect, we are, sir,
*   Your miost obedientA sei vants,
N. 11. SWAYNE.
W. ALLE~N.
D. T. DISNEY.
Lion1. JOrAN FoRsYTru,
ASecretarIy of ~State.
DEPA RTMFNTr (IF SrTAV,
Washillg(ov17J1,hy 3, 1835.
CGENTTEMEN~ Your letter of the 1st instant, wrritteni in your character
of private citizens, was received yesterday. 13y the directions of the President, to whom it has been subi~nitted, I nOW have the hfonor to reply. I
every thing that has been 'done, or sugggested by the President, or by his
authrit, i reardto the qusion of the northern boundary of' Ohio, he,
has been influenced solely by the desire to prevent, without prejudice to
the righits of any one, collision between the authorities of thle Gene(,ral,
State, or Territorial Governments, thwat would be destructive of- the public
peace,1 and bring, dishonor on the institutions of the country. If his V-iewvs
and wishes have not been. ca~-rrectly understood ii3 Ohio, he is happy to
believe that the free communications which you have had wvith him, and
with the' head of this IDepartment, will enable you to correct the misapprehensions that may exist upon this subject in every quarter. This 1)epart..
ment has never been advised by Messrs. Rush and Howard of the arrangement stated in page 31) of the D)ocumnents, published at Columbus, by order
Of the State of Ohio, to which you refer, as havinoy been entered into by,thern at Perryshurg. IVi Peidn is     owvr induced to believe, from
the recent proceedings of the, Legislature of Ohio, as explained by your
letter, and the late resolutions of the 'convention of Michigan, that. an
informnal understanding may be produced through the instruimenta —lity of
this Department, which, will meet the wishes of' all, and effect the great
object hie has beetn most -anxious to promote, the mutual suspensiouni
after the next session of Congress, of all action, thait could, b-y possibility,
produce collision. Supported in his belief by your lett&r, which he uind'erstandg to be conformable to the wishes and intentions of Governor-Lucas,
the President, without taking upon himself any other character than that
in which he hras heretofore acted, will cause an earnest recommendation to
be immediately sent to tile Acting Governor of Michigan, and the other
authorities of the Territory whom he can rightfully advise' in the performarmee of their duty, that no, obstruction shall be interposed to the re-markingr of Harris's line; that all proceedings already begun under thbe act of
te Legislative Council of Michigan ofite 12tlh Februajry, salb m




110         -          [ Rep. No. 380. ]
diately discontinued; that no prosecutions shalll be commenced if:r any.subsequent violations of that act, until after, the next session of C('c!':;.!P'S;
and tnat all questionls about the disputed jurisdiction shall be c;.i, sittl
avoided, and, if occurring inevitably, their discussion shall be 'poslctped
until the same period.
The President confidently trusts, that thlis recommendation. whichi he
believes required by a rega.-rd for the public safety and honor, will be eclictual with the authorities of Michigan, and will not fail to exercise i ll his
constitutional power itl this, as in every other instance, to preserve and
inaintain the public tranquillity.
I have the'honor to be, &c.
JOHN FORSYTI1.
Messrs. SWAYNE, ALLEN and DiSNEY.
DEPARTMAENT OF STA'r, July 3, 183`5.
SI: You are doubtless aware.that, at thle late session of the COhio Legislature, an act wais passed requesting the Governor to approve and
comply with the terms and stipulations of an arrangement purportiilr to
have been entered into between him anld Messrs. Rush and Howard. With
a view to obtain the President's aid towards the temporary adjustmlent of.
the controversy between Ohio and Mlichigan,, upon the terms of that act,
Messrs. Swaytie, Allen, and I)isney, have come to Washington. t the
request of Governor Lucas, and have had conferences with the President
and Secretary of State.
Though those gentlemen do not profess to be clothed with any (fficial
authority in the matter, their characters are a sufficient guaranty for: the
correctness of their representations. In a written conmmunication made by
them under the. date of the 1st instant, they have stated rather more at large
than is contained in tle act, tle measures to be adopted on both sides to
givo effect to the proposed arrangement.
By the President's direction, I transmit copies of the act, and of the
letter of Messrs. Swaync, Allen, and Disney, and of my answer, written
by his direction. I aln charged. at the slame time, to inform you that,
although Mlessrs. Rush and H-oward had no instructions to enter into
arrangements for the United States, and have not, at any time, advised the
Department of their having proposed such an arrangement as that referred
to, yet the President is of opinion that, under the present circumstances.
the great object of preserving the public tranquillity withoutt injury to the
rights of either party, until an opportunity be afforded for the action of the
proper authority on the subject, may be accomplished by a conformity, on
both sides, to the terms proposed. -He has, therefore, instllucted mle earnestly
to recommend to you that no obstruction shall be interposed to the re-marnking of Harris's line; that all proceedings already begun under the act of
the Legislative Council of Michigan, of the 12tll of February last, shall be
immediately discontinued; that no prosecutions shall be commenced for
any subsequent violations of that act until after tlhe next session of Congress; and that all questions about the disputed jurisdiction shall be carefully avroided, and, it occurring inevitably, their discussion shall be post
poned until the same period.
The President makes this recommendation with the more confidence, as
the convention of Michigan has declared the people of the Territory to be
sincerely desirous that, at all events, further proceedings should be stayed




[ Rep. No. 380. ].                      Ill
by the partie3 interested until the constitutional tribunals can act in the
atter, andI'L as the proposed arrai-imngementr, by not inte..1-rferintg with the exercise
ot' Lnrisdiction by the au.horities of Michigan,  cforins, iii the most essential poin1ts, to the opinion expre-sed by that enlightened body. The President is not insetisible of t>0 difhcuities to be ovcrcome~ in executinig this
arrangriement, and he is persuade:d that the people of t ie United States will
duly appreciate vhateve6 efforts may be mad. 11y the authorities or citizens
of Michiigan for preserving undisturbed the peace ci this happy country.
I havec~ the honor to be, &c.
JOHN FORSYTH.
His Excellency STEVENS  T. MASON,
Acting Governor of Mllichigavi.
Ex1t,-cu'rivE OFFICE,
Detroit, Jutly 11, 1835.
SIn: I have the honor to ackinowledgcre the receipt of your letter of the
3d instant, which, as is evidently desirAd by yout, will be immunediately submitt-d to the Legrislative Council for thcir consideration. 'I'jis course is
not exp essly suggested by you  but, as the propositions submnitted for [lie
adjustment of the controversy with Ohio can be carried into irfect on the
part of Michigan by legislative action only, if at all, I have. adopted the sole
mneans of meeting your views, and 'have, by proelatmation, conVened the
Legislative Council on the 17th day of August next, for the purpose of
taking the sulbject into consideration.
Where, I would, however, respectfully ask, exists that earthly power
which can permit a State to assumne jurisdiction over a Territory of the
United States so long as acts of Contgress for its government rematin tmrepealed, and the Presideit is sworn to see the laws faithfully executed'k
It can scarcely be necessary at present to urrge upon your consideration
the difficulties and obljections wlflch occur to ray mind forbidding)( the proposed compromise. In mny letter to Messrs. Rush and Howvard, I stated my
reasons for then rejecting this proposition. It is before you: my views yet
remain unaltered, anfld, I think, unialterable.  I will, however, fellow the
precedent set by the Governor ol Ohio,- and appeal to the wisdom of the
Legiilature. To that body I will subimit the subject, and pbidc their
decision.
One assertion it may not be unimportant here to notice. I finrd it declared in the law of Ohio, to which my attention has been drawn, that a
perfect organization of government exists througrhout the disputed territoity,
under the laws of that State. The objects to be gained by that assertion I,
am at a loss to determine, unless possession is to be urged on the part of
Ohio iti favor of her claim before the next Congress. Such I fear to be the
case, and I must urge upon the General Government the fact that the
jurisdiction of Ohio has not, as yet, been known on that territory. The
jurisdiction of Michigan is complete. If Ohio is satisfied writh the possession she has,*why the late meeting of her Legislature, or the present proposed terms for adjustment?
If, then, possession is already brought up against the rig/ht of -Michigan,
I would ask, can it be expected that she can exercise a concurrent jurisdiction over a part of her soil with utnother State?' What are the terms uPon
which jurisdiction is to be exercised?! Neither par'ty'shall use force;- but
the people are to submit to such laws and to such officerA as they may




112


[ Rep. No. 380. ]


choose. If they object to the execution of a law, it must not be enforced.
The people residing on the disputed territory, you are aware, favor the
claim of Ohio. To the laws of that State they are willing to submit. I
would respectfully ask if an unconditional surrender by Michigan of her
jurisdiction and territory would not better subserve the purposes of Ohio?
Either will be equally injurious to the rights of the Territory.
I had hoped, sir, that this unpleasant correspondence would not again
have been renewed. No one can feel more solicitude than myself for an
amicable adjustment of this unfortunate controversy, provided the honor
and rights of the Territory with which I am identified are not sacrificed.
For myself, I have no personal considerations involved in the question, nor
in the course I shall pursue. While I will endeavor to discharge my duties
faithfully as a publicofficer of the General Government, I feel that  am
not to forget that I have the rights of a high-minded and patriotic people in
my hands. These rights are not to be hazarded until the people themselves
cease to value them. Before their immediate representatives I will place
the charge committed to me. The result of their deliberations will be
communicated to you. In the mean time, I trust nothing will occur at variance with the amicable disposition and determination of the President.
I have the honor to be,
Your obedient servant,
STEVENS T. MASON. 
Hlon. JOHN FORSYTH,
Secretary of State.
It may not be unimportant to suggest to the Secretary of State that the
county of Lucas has been formed out of the disputed territory, and a court
directed to be held at Toledo, as the seat of justice, on the first Monday of
September.
EXECUTIVE OFFICE,
Detroit, Aaugust 20, 1835.
SIR: In obedience to a resolution of the Legislative Council, I have the
honor to enclose to the Department of State a report this day adopted by
that.body relative t9 certain propositions submitted to their consideration,
through you, in reference to an arrangement of the controversy now pending between the State of Ohio and this Territory.
I also consider it my duty to state that the authorities of Ohio are now
collecting a force to sustain and protect the court about to be held by them
on the disputed territory.
The General Government may expect a serious collision, as this attempt
to exercise jurisdiction will be resisted by Michigan. The'consequences
attending'such a state of. things are deeply to be regretted, but they must
rest with those who might prevent their occurrence.
I have the honor to be
Your obedient servant,
STEVENS T. MASON.
Hon. JOHN FORSYTH,
Secretary of State.




[ Rep. No. s80. ]                       113
[Enclosed in the foregoing letter of Governor Mason of August 20.]
LEGISLATIVE COUNCIL OF MICHIGAN,
Detroit, August 19, 1835.
Mr. DOTY, fr'm the select committee to which was referred so much of the
message of the Exrecutive as relates to the arrangement proposed to the
authorities of Michigan by the Secretary of State, ia relation to the
claim of Ohio to a part of the Territory of Michigan, submitted the
following report:
That, in examining the subject which has been referred to them, the
committee have deemed it unnecessary to present the merits of the controversy with Ohio, believing, as they do, that the rights of Michigan have
been fully submitted to the public, and ably and clearly sustained in the
several messages and documents of the Executive and Delegate of this
Territory, in the appeal of tlhe late Convention, and in the memorials of
this Council.
We cannot doubt, from the expression which has been given, that it is
the opinion of the American people, as well as of the President of the
United States, that no improper step has been taken by Michigan to resist
the efforts of Ohio to extend her boundaries.
Finding that those efforts have been unsuccessful, either to enlist public sympathy. the supporting of the doctrine of State rights, or to obtain
the actual possession of the territory, her willingness to accede to certain
propositions made by Richard Rush and Benjamin C. Howard is now indicated by an act of her Legislature. 'Lhese propositions, it is stated,
are recommended by the President to the authorities of Michigan for
their concurrence, not, we presume, because they are deemed either reasonable or just, but because they are supposed to be measures which may
be resorted to lor the purplose of maintaining the public peace. We would
ask, with wholl   has tlis ditficulty originatedl? Is it Michigan or Ohio
which proposes to violate the public peace by a trespass ulpon the acknowledged territory of the other? We would reply, that Michigan has
quietly and undisturbedly enjoyed the possession. of every part of the
country within lher limits for more than thirty years, and from her creation, and, in the opinion of the Attorney General, according to the acts
of C7inress. "     A million ot freemen" of Ohio have first threatened, and
then attempted, to distlurl that quiet possession' during the present year;
but as these attempts have lbeen wholly impotent and unsuccessful, it is
now proposed, at the instance of several persons acting in their private
capacities, to admit that State to nominal jurisdiction over, and the actual
possession of, so much of the country as is desired by her.
To effect tnis object, the following is the arrangement proposed, and
which is now submited to the Council for its sanction:
1st. That the pending prosecutions under the act of February 12, 1835,
shall be discharged and discontinued.
2d. That no new prosecution shall be commenced.
3d. That Harris's line shall be run and re-marked by the authorities of
Ohio, without interruption from those of Michigan.
4th. 'That no forcible opposition be made by the authorities of Ohio
and Michigan to the exercise of jurisdiction by the other upon the disputed territory within the time specified; the citizens residing upon the
territory in question resorting to one jurisdiction or the other, as they may
prefer.
8                                            X e *' "




Itis highly 'gratifying t0  coitimtt~o  lafrtth       orspondence of, the Secretary oState, that Messts. -Rush; and Ho'ward had no
authority, from. thati'p~tet to enter into this: arrankement, With the.Governior of Ohio~because we are unable to discover by what Instrument
hePtesidet is einjpol.we'red to dispense with the execution of the acts of
Conresor to permit either, of the States of the Union to extend their
I-prisdiction over the. territory of the United States.
We are not, therefore, disp'osed to regard these propositions as emanating
from the President, but rather as the Suggestions of two eminent individuals,.
"which were promptly and properly rejected by the Executive of, Michigan
when they were first made, but which have been since reproduced for pur~poses which it is unnecessary for Michigan 'to scan, SID loig as she only
seeks for.justice.- On the 14th of March-, 1835, Governor Lucas is informed
e01hy the Secretary of' State that "1it appears to hi the President] that. as
the'State of 'Ohio has already brought the subject before 'Conres it should
be keftfor' thea~ction of that body."7 The Secretary of State, in his le~tter of
the, 20th April, 1835, to the Acting Governor, says: "4TheoPresident consider's it proper that the civil jurisdiction of Michigan should be sustained,
aiod the acts of Congress establishing the Territory fully executed, until
they are repealed or modified by Congress."
Mr. Rush and Mr. Howard were directed by the President, on the 9th of
May, to inform the Governor of Ohio "Ithat whenever ifie crisis, referred to
In the concludingrpart of the Attorn ey General's opinion, shahl arrive, [ re-;1 stace byiforce to the laws of the..United States,] in which the powers of
the civil officers, shall be inadequate to tbe execution of their duties, it will
be the, President's duty, to employ the means plaeinhsadsb       he
conlstitution and laws to maintain their supremacy,; and that, however pain/fill it. may beit is ackd uty which he is, determined to- perform."
We ihink that nVo one can doubt, after p erusin o- these. documents, %what is
the course 'of policy which the President desir'es UMchigan to pursue on this
occasion. We cannot, however, but express our astonishment that these
propositions should again be offered to Michigan.
Your committee do not deem it advisable to investio —ate the merits of this
8 arrangement, as they are of thie opinion that it is enti~ inOmpeet ohis
Council to enter in'to any arrangement to permit the exercise of a foreign
jurisdictign within the limits of Michigan, established by the ordinance and
by acts of Congress. They also believe it would be inexpedient to do so if
they possessed the power. It should be entitled ".-An arrangement to enable Ohio tb obtain possession of a part of the Territory of Michigan without
resistanice." If the acts of Congress are not binding upon Ohio,,they are
not uon Vrginia, New York and Indiana; and, by submittig'oth rneasure. proposed, the Coun cil would 'only invite tL~ose Sutates to renew their
claims to the whole of the Territory, and to assert the'ir jui'isdiction within
)her limnits. Your committee are, advised that it was proposed ini the Je18
lature 'of Ohio,' at its l~~~~~~~~ast session, to divide the Territory of Michig'
tween that State. and Indiana, upon. the same principles, it is presumed, -as,
those upon which Poland was partitioned by the' Powers0 ofEurope ampongst
her more ~oerfuI neighbors. In the opni of som    pros sc       te
Aw'oud maost happily terminate this' contrdversy, arnd sec'ure the public pWae.
The' la'ws of the Territory, to. which %ahlusion is made' in thirrazim~t
aro, deemed nesay to -secure the due execution throuhot',he Territr
of Jt   0 it ofCngeand of the Council, and to temlna4eo,
4V




r Rep. No. 380. ]


115


Government of Michigan. The object of the act of February 12, 1835,
had not necessarily a more particular reference to this than to any other
State; it-was a general law, intended to prevent our citizens from accepting commissions from foreign Powers, and thus disturbing the tranquillity
of the Territory; and it would be just as reasonable for Ohio to complain
of any other Territorial law; as for the authorities of Canada to take exception to this enactment, as for those of Ohio.
The fourth proposition virtually admits that a divided jurisdiction could
not be enforced; anarchy and collision could be the only result of such a
measure. If every criminal is allowed to choose the tribunal before which
he shall be tried, and neither has the power of enforcing its process or judgments, it is very clear that it secures the commission of crime with itnpu-,
nity, as no offender would choose to be tried by either. It may possibly be
pleasant for the Legislature of Ohio to contemplate such a state of things,
but we are satisfied the citizens of Michigan desire no such Government.
We confidently believe that the principles of the proclamation of the President, which was issued to assert and maintain the supremaiy of the laws
in the State of South Carolina, are still remembered as the principles upon
which the Gencral  Government is, and is to be, administered; and that,
when the citizens of Ohio resist by an armed military force the execution of
an act of Congress, they will be guilty of the same crime as the citizens of
South Carolina, if they had in the samemanner resisted the tariff laws.
Whilst thie patriotism and firmness of the Chief Magistrate, on that occasion,
are recollected, we cannot be induced to believe but that he will be -found
equally firm and patriotic to resist every effort on the part of Ohio to assume 
to herself the powers of the General Government, to control the acts of
Congress, to overturn a Government as legally and rightfully established as
her own, and to parcel out the Territories of the United States amongst the
adjoining States.
The attitude of Michigan is that of resistance to an unauthorized encroachment; she disturbs not the public peace; she makes no appeal to
arms but in self-defence, and then only to repel an invasion by a foreign
military force, introduced to disturb her Governmeiit in a part of the Territory which she has peaceably and quietly held from her earliest existence.
The attitude of Ohio is quite different; she is a trespasser upon Michigan; she is a violator of the laws of the United States; and when her
acts of aggression cease, peace is restored. She disturbs the public tranquillity by attempting to settle by force a question of right, and she appeals from
the constitutional tribunals to the power of her " million of freemen." This
right of Ohio is the same now as it was in the year 1802. It has never been
acknowledged by any Government but her own. It was then a boon soli
cited of Congress; now it is discovered that the Maumee was as much
within the proper limits of the State in 1802 as the Scioto.
We would simply inquire why, if this question was so clear in her favor
to every body then, 'as she says it is now, her jurisdiction was not thent
on her admission, extended over the country now claimed, and why she
has almost annually solicited Congress to grant her this jurisdiction, if it
was hers upon the authorities upon which she at present asserts her rights?
But Ohio having declared that Michigan has no rights, that this is, a
question between herself and the General Government alone, we are unable to discpver why it is referred to the authorities of Michigan at all, as
Ohio must be ready at any time to deny their power to entertain or dispose
of it.




116                   [ Rep. No. 380. ]
We would leave this matter, then, with Qhio and the General Governmrent to settle, according to the constitution and laws. It is our duty,
however, to express our determination, and we have no doubt that such
is the will of the people of Michigan, to submit to no arrangement by
which the integrity of the limits of Michigan, as established by the act of
1805, is violated. If Ohio is satisfied with her efforts, she may rest where
she is; but she can never be admitted to a joint possession of our territory,
although such a measure may have received the sanction of those high
in authority. A portion of the Territory of Michigan may possibly be
forcibly wrested from her by Ohio; but this, we believe, oannot occur by
theconsent of the General Government, until the Union is dissolved; and
this Council never can advise to submission, to such a dismemberment,
whether it be partial or otherwise, until all resistance is vain.
The committee, therefore, respectfully recommend for adoption, the fol.
lowing resolutions, which have been prepared in the language used by the
Attorney General of the United States, in relation to this controversy. It
is taken from the opinion which was communicated by him to the President,
upon the present rights of Michigan and Ohio, and upon tle power of the
President to compel Ohio to submit to the laws of the United States.
Resolved, "That until the assent of Congress is given to the claim of
Ohio, the tract of country in dispute must be considered as forming,
legally, a part of the Territory of Michigan."
Resolved, " That the act of the Legislature of Ohio, extending the jurisdiction of that State over a part of the Territory of Michigan, is repugnant to the act of Congress of the 11th January, 1805, erecting that
Territory, and to the acts subsequently passed for its government; and its
actual and complete enforcement would, therefore, involve a most seriousviolation of the laws of the United States."
IN COUNC(IL., August 20, 1S35,
The report and resolutions of the select committee, to whom was referred so much of the message' of the Executive as relates to the arrangemelt proposed to the authorities of Michigan by the Secretary of State,
in relation to the claim of Ohio to a part of the Territory of Michigan,
being taken up for consideration, the same were unanimously adopted.
On motion of Mr. Doty,
Resolved,. That the acting Governor of this Territory be requested to
transmit a copy of the preceding report and resolutions to the Secretary
of the Department of State of the United States.
JOIN McDONELL,
President of the Legislative Council.
Attest: CHAS. W. WHIIPPLE, Secretary.
F No. 8.
DEPARTMENT OF STATE,
Washington, August 29, 1835.
SIR: The President having maturely considered your recent communication to the Legislative Council of Michigan, in connection with other
Proceedings' on your part, is brought, with regret, to the conclusion that




Rep. No. $80. ]11
your.- zeal for what you deem the rights 'of Michigan has overcome 'that;pirif of moderation and forbearance which, in the present irritated state
of feeling prevailing in Ohio and Michigan, is necessary to the preservation
of the public peace. He finds himself constrained, therefore, by his sense
of duty, to supersede you as Secretary of' the Territory of Michigan, and
has appointed Mr. Clharles Shaler, of Pennsylvania, to be your successor.
Tfhe. President has' instructed me, in making' this communication,, to
express his surprise that, after having been ~distinctly informed by this
Department, in my letter of' the 27th July last, of the diflbrence between
what was recommended by him, and what was proposed by the Ohio act,
yrou should in your mnessag-e have represented the President as recommending the compromise on the terms proposed by that act. The President
considers it due, to hirnself to state, onl this occasion, that his opinions on'
the-subject, as heretofore expressed, are unchanged, and he trusts that they
will he, in due timte, perfectly understood by all parties to this controversy.
I have the honor to be, &-C.
JOHN FORSYTH.
S'8rzvFEvs T. MASO-N, ESCj.
Detroit, Miclugran.
DE,,PARTMIENT OF STATE,
W'ashington, September 8, 1835.
S IR: Tphe ac-ompaxnyhing letter fromn this Department, was intended tW
'have bee-n deliv~ered by M.r. Sbaler,,who had been appointed to'succeed
von, but he haiving declined accepting a, the President has appointed Mr.
John S. Horner, of'. Virgrinia. to be Secretary of the Territory, and he ~viill
tak~e charge, of this connnunnication.
I heave the honor to be, &C.
JOHN FORSYTH.
KSTF.VI'NS T. MASON. Eq
J)etroit, /lfi(Ji4',afl Territory.
DI-mPAWL'MI:NTF OF' STATF
W'aslhington, Septemnber 8, 1835.
RI: rpl Pesie     having   Ipoiinted you Secretary of the Trreritory
of' Michigan, I have now thlhie~loior to enclose your commission. Thle
office of Gfovernor beingr vacant, the duties of that office will, consequently,
defvolve upon you. T he euclose(l letter, fpreared for Mr. Shaler, who has
unexpectedly declined the appointmlent, you wvill consider as addressed to
voursellf For N-our fu~rthler infim-mation, copies of' letters, written on the
same occasion to Mlr. Mason0 an1d. Governoi Lucas, are also enclosed.
I likewise enclose a commrunication for Mr. Mason, informing him of
his having( been superseded, an~d of your appointnnent. Y-ou will be pleased
to see that it is delivered td him immrediately onl your arrival at Detroit.
It is thle President's desire that you should proceed, without delay, to Michigan, and enter up-on the duties'of your office.
I have the honor to be, &c.
ASBURY DICKINS,
JOHN S. HORNER, E~~~~.               Acting &ecretary.




118                  [f Rep. No. 380, ]
DEPARTMENT OF STATE,
Washington, August 29, 1835.
SIR: The President having found hinself constrained, under a highsense of public duty, to supersede Mr. Mason as Secretary of the Michigan Territory, has appointed you his successor, The President's views
of the course to be pursued by all the parties in the controversy now unhappily pending between Michigan and Ohio are fully shown in the various
communications made by his direction to your predecessor, and which you
will find in the archives of his office. The President's opinions upon the
whole subject have remained unchanged throughout.
He has believed, from the beginning of the discussion, that, without
further legislation on the part of Congress, the country in dispute is to be
considered as forming legally a part of the Territory of Michigan, and that
the ordinary and usual jurisdiction over it should be exercised by Michigan. He has never admitted the right set up by Ohio. And, in his recommendations to both parties, which have been influenced only by a
regard for the public peace, he has expressly stated that he does not desire
on either side what would be inconsistent with their supposed rights; and
that whatever.temporary concessions either might make, with a view to
preserve tranquillity, until Congress should decide, would' not, and could
not, affect the rights of either party; and, in order to prevent any other
than a peaceable decision of the question, he has stated distinctly what his
duty would compel him to do in the event of an attempt, on the part of
Ohio, to sustain her jurisdiction over the disputed territory by force of
arms.
To avoid that necessity, his best exertions have been and will he used.
He has seen with regret and surprise that both the Acting Governor of
Michigan and the Legislative Council have supposed him to recommend
an admission of the right of Ohio to the jurisdiction in question. Courtesy, if not justice, to a member of the confederacy, requires that her pretensions should be respected, as far as is consistent with the obligations of
the constitution and the laws. An acknowledgment of the existence of the
claim is not the acknowledgment of the right, amid a temporary arrangement, to avoid the danger of hostile collision, is in no respect inconsistent
with the obligations of the constitution and the laws.
Hostile array to decide, what force cannot settle, the question of jurisdiction, within three months of the meeting of Congress, whose duty it will
be to do justice to all parties, would be a disgrace to the Union, and a stain
upon the character of Michigan, whose approaching admission into it is
hailed with joy by all its members. As there has been exhibited, on the
part of Ohio, a disposition not to enforce her claims, but only formally to
assert them, (an assertion supposed to be required by her character,) until
the meeting of Congress, it would be criminal in the authorities and people
of Michigan to seek, by any means, to bring the question to a different issue.
The President has seen with regret the recent outrages committed at
Toledo on the officers of justice who attempted to execute process under
the authority of Michigan, and he recommends that those of the offenders
who have fled from the Territory should be promptly demanded of theExecutive of any State in which they may have taken refuge.
I have the honor to be, &c.
JOHN FORSYTH.
CHARLES SHALER, Esq.
Pittsburg, Pennsylvania.




f Rep. No. 380. ]                      119
DEPARTMENT OF STATE, Oct. 8, 1835.
SIR: I have laid before the President your communication of the 28th
ultimo, with the papers which accompanied it.
The President, though aware that the inhabitants of Michigan had been
for some time taking measures with a view to the admission of that Territory into the Union as a State, relied so fully upon their respect for the
constitution and laws, as not to suppose that, in their zeal for that object,
they could be led to adopt any other measures than those within their legal
competency.
It is only now, for the first time, that he has seen the constitution agreed
to by the convention, and submitted to the people of Michigan for their
ratification. He perceives, as is represented in your letter, that a new Government, created by that constitution, is intended to go into operation on!
the first Monday in November next, and to exercise after that time legislative, executive, and judicial powers, within that part of the Territory
which was formed by the act of January, 1805; and, consequently, that
the Territorial Government established by Congress is then to be superseded and abrogated within that portion of the Territory.
The President views as natural and proper the desire of the people of
Michigan to be admitted to all the rights of a State. It will afford him
great pleasure to aid, as far as depends on him, in the early accomplishment
of that important object; and in the meanwhile he will not sanction any
interruption of the proceedings which they may adopt with that view, so
long as such proceedings do not interfere with the due administration of
the laws of the United States for the establishment and government of that
Territory, and with the rightful exercise of the finctions of the officers
appointed under iheir authority. But as he cannot admit that any government which the people of Michigan may desire to set up, can, without the
consent of Congress, supersede or abrogate that which Congress has established, he trusts that no attempt will be made by any person, under authority supposed to be derived from the proposed constitution, to exercise
powers incompatible with those which Congress has entrusted to officers
appointed under its own authority.
The President is of opinion that the Territorial Government now existilg in Michigan, having been established by Congress in virtue of the
power exclusively vested in that body by the constitution, must continue
until it is terminated by Congress. The laws by which it is established
have the same force in his mind as any other laws of the United States,
and he deems it not less his duty to see them faithfully executed.
If; as the people of the Territory believe, tile time has arrived when their
present political condition ought to cease, he cannot doubt that Congress,
in its wisdom and justice, will readily fulfil the pledge contained in the
ordinance of 1787 for their admission into the Union. But until that event
shall take place, he cannot recognise any other government in Michigan
than that established by Congress.
I am instructed by the President to make known to you his views on the
subject, and, in answer to your desire to be informed of the course which
you should pursue, to state that it will be proper for you, as well as all
other officers appointed under the authority of the laws of the United
States in the Territory, to continue in the exercise of your official duties
until those laws be altered or revoked by Congress.
The opinion of the Attorney General having, been recently taken on




a1%C te[ Rep. No. 380. ]
questions gowing out of certain proceedings in Arkansas, with the view to
the formation of a State Government in that Territory, I am directed to
transmit a copy, in the belief that from the analogy between the two cases,
it may prove useful to you.
I have the honor to be, sir, your obedient servant,
ASBURY DICKINS,
Acting ASecretary.
JOHN S. LIORNER, Esq.
Acting Governor of Michigan Territory, Detroit.
DETIROIT, September 21, 1835.
SIR: Inclination as well as duty imtpel me to annollnce to you that the
Executive branch of the Territorial Governirnent of Michigan is confided
to my care.
Without compromising the interest or honor of either Ohio or Michigan,
I do not despair of at least a temporary accommodation of the unfortunate
controversy existing between them.
It would be agreeable to effect this before the election in October, under
the Ohio act.  I have the honor to be,
Your obedient servant,
JOHN S. HORNER,
Acling Governor to' Michigan.
His Excellency ROBERT LUCAS.
Governor of O/io, Columbus.
EXECUTIVE OFFICE OHI-O,
C&olu.nmbbus, September 29, 1835.
SIR: I had the honor to receive, by this day's mail, your communication
of the 21st instant, in which you inflorm ne "that t4ie Executive branch of
the Territorial Government of Michigan had been confided to your care,
and that, without compromising the interest or honor of either Ohio or
Michigan, you did not despair of at least a temporary accommodation of
the unfortunate controversy existing Ijetwecn tlem, and that it would be
agreeable to eftect this before tle election it Octolber, under the Ohio act."
I assure you, sir, that no one entertains a greater desire to accommodate
this difficulty upon amichble terms tlhall. do. and, indeed, have from its
commencement; and while in the disclharge of indispenlsable duties, I have
endeavored to avoid every act that could provoke collision. It is not ohr
desire, neither has it been from the cpmmlencernent, to put a solitary individual residing upon what is called the disputed territory to any iiuconvenience, but, on the contrary, our object lhas been to protect them against
violence; and with this view, at my special request, three gentlemen who
were the private and political friends of the President, repaired to Washington, and, on the 3d day of July last, an arrangement was made with
the President that I supposed would have been satisfactory to all parties,
and would have put an immediate stop to all collision till after the next
session of Congress.  This arrangement I have endeavored to observe
strictly on the part of Ohio, and although it had been Violated on the part
v of Michigan, I still delayed proclaiming its violation, under the full impression that the President would require its fulfilment on the part of the.authorities of Michigan. This arrangement will be strictly observed on the
part of the Executive of Ohio, and we have every confidence that it will




[Re". No.- 380.]12
also be observed by yrour Excellency, on the part of M~ichigan. -Under~ this
expectation, I advised the commissioners who had been appointed to run
and remark the boundary line, to postpone the same -till the successor 'ot
Mr. Mtason could have time to assume the government of the Territory;
and, in accordance wvithi my suggestion, they appointed Monday, the 2d
day of November next, as the time when they would meet to complete that
work.
The suits wvhich have been commenced uender the Michigan act of the
12th Fe'bruary, the President advised to be discontinued. Thle court, I
understand, convenes in October next. 'If 1 could t-e advised with regard
to these suits, it might save cosierable trouble, particularly to those wvho
reside at 'a distance, and were prosecuted with Mr. Fletcher in Lenawee
county, as they will have to attend under great inconvenience,, as well as
the counsel employed for their defbnce.  Gustavus Swan, Esq. of this
place, has been employed as counsel to attend to the defence of those who
were prosecuted at Tpeculmsehl. Thley haive been recognised, I understand,
to attend on the second Tuesday in October next; though under the arrangernent with the P~resident. of the 3d of July, 1 feel every expectation
that these Isuits will be dismissed before that. period.
Information f-rom you on this subject, will be truly gratifying to me.
With sincere respect, I am
Your obedient servant,
RO13ERT LUCAS.
His Excellency 0oi3N S. IlOR-NER,
A4ctuin, Govern or oj A1lichigran Territory.
-DiEPART'wN'rN OF STATE,
Wash ing/(on, October 12, 1835.
Siu. It hats bceen suggrested to the Presidenit thiat some persons had misconstrued that part of his, rccommn cdationl connnu1 ii icat~ed to your predecessor
by Mr. Forsyth on the 3d of'July last. which relates to the discontinuance
of the prosectitions that head beent instituted under the act of thic Territorial
Legislature of Michigan of thie 12)th February, 183.5). Although he thinks
it altogether improbable thiat, with thre kinowledge of'his views, which 'you
will have derived fromi the, vario0US eoim'nDunications of this Department,
and in personal conference, witli h-imsel'f, there can be any mistmnderstanding
on your part, hie, iievertheles~-,, ]instructs mie to state explicitly that it was
not his intention to recommeyncd that, in dis,,continuing these prosecutions,
vou. shoukd. act wxithout thme intervention of the judiciary. His intentiou
was that you should instruct thie prosecutifng officer to apply' to the court
for porrnission to enter at nolie p~rose:(qui, or to discontinue the indictments
for offences aguainst that -act. and, if thie application should not be granted,
anld convictions should take place, thiat youi should forthwith pardon those
found guilty. You will mnake known to the attorney that this course is
recommended by the P~resident.
I have thq honor to heR,sir,
Your obedient servant,
ASBURY DICKINS,
-Acting Secretary.
J. S. HORNER, E~'sq.
Acting Governor of Michiigan.




m12~.           [ Rep. No. 380. J
DETROIT, Saturday night, September 19, 1835.
SIR: I arrived at Cleaveland, Ohio, late on Thursday night, and early on
Friday morning took passage in the boat Michigan for Detroit. My arrival
here was unavoidably delayed until near eight by our running aground at
the mouth of tie river.
Late this evening I called on Mr. Mason, to whom I delivered the communication from the Department.
On Monday morning next I contemplate taking charge of the Territorial
Government, and should have insisted on it this evening had the emergency
made it necessary.
Assurances have been made from all quarters here (Detroit) that Michigan is now, and is likely to remain, quiet. Such, I believe, to be the prevailing opinion here.
The Detroit newspapers, received by the Department, will give an account of the Michigan expedition to Toledo on the 1st instant.
Mr. Mason has this moment handed me the enclosed memorandum, in
his own handwriting, of the same event of the 13th.
I hear that a large meeting was held, anticipating my arrival, and a comrnittee is shortly to call on me, to ascertain the principles on which I shall
administer the Territorial Government.
I shall strive to effect' the views of the Government, and do so with as
little excitement'and on the best terms I can. I feel some confidence of a
favorable issue. I shall discharge my duty under all circumstances.
I have the honor to be,
Your obedient, humble servant,
JOHN S. HORNER.
Hon. JOHN FORSY1H.
On the morning of the 13th, the sheriff of Monroe, with a posse of
twelve imen, arrested Wilson, the associate judge of LucAS county, Goodsll, the deputy sheriff, and Jones, the captain of a volunteer company of
the militia organized under the State of Ohio. The warrants were issued
by a justice of the peace, under the penal law of February 12th. against
the above named individuals, for the exercise of official functions under
the laws of another State (Ohio). Wilsol and Goodsell were brought to
Monroe, pleaded guilty, entered bail, and were discharged until the October
circuit court. Jones remained, by periission of the sheriff, at Toledo,
upon a promise that he would enter bail so soon as his health would justify
him in travelling to Monroe.
At the time of the arrests no difficulty or disturbance ensped  hut. after
the sheriff of Monroe and his party had reached the woods near Toledo, a
number of persons pursued them with the intention of rescuing the prisoners.. Shots were exchanged by the parties, but no injury sustained. The
party from Toledo retreated, and Go6dsell and Wilson were conducted to
Monroe without further molestation to the authorities of that county.
DETROIT, September 28, 1835.
SIR: On Monday morning last I entered on the duties of office.
Government instructions have been carefully read, and on them that
reflection bestowed which the importance of the subject and end to be obtained demand.
There is to be seen within the Michigan Territory neither a military
force nor an assemblage to obstruct her laws, nor is either anticipated at




[ Rep. No. 380,]                        12t
the present. The inhabitants of Toledo indicate still further at least temporary submission to Michigan jurisdiction, a concurrent meeting being
afloat, (advertised,) at which the late hostile parties are to meet in conciliatory intercourse.
The approaching sessions of the October terms of the Monroe and
Lenawee courts, the first and second Tuesdays of the month, will afford the
opportunity most advisable, directly or indirectly, to carry out to the best
advantage; accompanied by the least excitement, the views and policy of
the Government.
Pardons, in all cases of prosecution under the February act, 'will be
granted. I fear, however, it will be unsavory to some extent. I conscientiously believe it should be done, and therefore it shall, in the mode,east
calculated to give offence.
I beg leave respectfully, and I conceive it my duty, without delay, to
refer the Department to the fifteenth page of the. projected constitution;
as also certain manuscript acts of the Legislative Council; as also certain
resolutions set forth in the Democratic Free Press of the 16th instant, herewith enclosed.
Of the adoption of this constitution there seems but little doubt. A
Governor isto be installed, a Legislature to assemble, on the 1st day of
November next; executive duties discharged by virtue of State authority;
and, it is fully anticipated, strong measures taken to carry out to the letter
the February act, &c.; in other words, the Territorial Government superseded entirely.
Impressed with the responsibility and delicacy of the station assigned
me, and sensible that one prominent object of the Union was "peace at
home," I cannot but, as at present advised, look prospectively with deep
and abiding interest and anxiety to my dity and the wishes of Government
in this behalf.
I; therefore, submit such questions as may naturally arise from the facts
communicated, and desire to hear, it the earliest moment, if agreeable to
Government, the course to be pursued in the above contingency.
lonor to be, your obedient servant,
JOHN S. HORNER.
i1on.. JOHN FORSYTH,,
Secretary of State.
DErROIT, October 3, 1835.
SIR: I take the liberty of enclosing, and making reference to, theone
hundred and ninety-fifth page of the acts passed by the Legislative Council
of Michigan; also, to the paragraphs marked of the enclosed newspapers.
The legislation as to the delegate election is confused, and may be embarrassing.
The pardoning power, to be effectual, must be exercised by plea before
judgment in very many of the cases; and pardons are preparing accordingly.
In order to evade the policy of the Government, efforts will be made-to
continue prosecutions in the faice of the pardons, which, I fear, may result
in some excitement, more especially if Ohio persists in holding her election
at Toledo about the 14th of this month.
It wo,uld be very desirable could that election be prevented.
Honor to be your obedient servant,
JOHN S. HORNER.
Hon. JOHN FORSYTH, Secretary of State.,




124                   [ Rep. No., 380. ].DETROIT, October 19, 1835.
SIR: Under the most disadvantageous and embarrassing circumstances
which anarchy could present, the wishes and instructions of Government
have been constitutionally fulfilled and complied with.
On the 8th instant 1 was informed, and had good cause to believe. that
yny presence at Monroe was indispensable, and, on my arrival there, every
reason existed why I should have taken that course.
The defendants of the Monroe prosecutions did not attend, and the
district attorney, James Q. Adams, was intimidated by the mob of Monroe from acting in accordance with my request, or even at all; finally,
against Government. He holds two offices tunder the General Government, viz: postmaster and deputy collector of the customs. He waited
upon me, and desired to resign; and 1 should have received his resignation
with pleasure, but could get no other counsel to accept a nomination
to fill his place.  Anticipating this to some extent, I placed pardons
for offences under the February act in the hands, of the only counsel
engaged for some of the defendants, to wit, A. D. Fraser, of Detroit, requesting him to move them before the court. After I had so done, and the
pardons were filed, late at night, a bench warrant was issued to apprehend
Benjamin Stickney, for a violation of the February act prosecutions then
pending in court. This originated in a plan to carry out violent proceedings, not only against the people of the disputed territory, but to involve
the Executive in personal difficulty. I immediately summoned the high
sheriff before me, and requested himl to follow the deputy sheriff and posse,
and request a suspension of that process. I also wrote a private note to
Stickney, informing him that I should grant him a pardon, and therefore
advised him against resistance to the process, which 1 knew to be the object
desired by the Monroe party. One of the judges voluntarily came into my
room, and, upon his charging me with an interference with the judiciary, I
expressed surprise and warmth at the issuing of the bench warrant in the
face of my pardon. My condition was this: at Monroe, the seat of strife,
amidst a wild and dangerous population, wxithout any aid, a friend, servant,
or bed to sleep in, in the midst of a mnob excited by the enemies oc the administration, tnd bad men, I could not enlist a friend or an officer of the
Territory. How was my authority to le enforced, or the (Government, in
my hands, respected; under these ciicumstances'? A design was formed
against my honor and my life. Thle district attorney lihd the eifroitery
and timidity to say " that, if lie acted, the mob would throw him and myself in the river."  Threats were niade, and communications in writing,
insulting and menacing in the extreme, were received, the court seeming to
partake largely of the excitement ahd fears. So soon as I discovered this
state of things, I called upon the officers of the General Government, and
demanded their aid in effecting the objects of the Government; a partial
and reluctant aid was given. I assured them it was my fixed determination
to sustain the measures of the Government at all hazards, even if it resulted in removing every officer of the Territorial Government. Soon
after this, suitable explanations were given, and the people properly informed
that all dificulties were removed, and the prosecutions arrested. A public
meeting was held at Monroe, the proceedings of which, I sent you by Mr.
Wadsworth, and to which I beg to refer you,
At Toledo an election was advertised to be held on the 15th instant, the
Ohio, for the election of State and county officers, but a meeting of all by




[Rep. No., 380. ]                       1$
voters was held, and decided that the polls should not be held, and no
further jurisdiction to be exercised on the part of Ohio until after the next
session of Congress, of which I am fully assured.
From Toledo I hastened to Lenawee, hearing some difficulty would
take place about the district attorney, which was obviated, however, by
Judge Swayne, from Ohio, appearing as counsel for the defendants. The
Lenawee cases are all most agreeably disposed of, tried, dismissed, or
pardoned; every thing passed off well, and I was not interrupted, except
by a meeting, instigated by som. evil disposed residents of Detroit, incidentally at Lenawee. The people of the last mentioned place are decidedly
with the measures adopted by me. On Saturday, at noon, Judge Swayne
and myself left Tecumseh for Detroit, and, on our arrival that evening at
Ypsilanti, were mobbed, the house somewhat injured; no bones, however,
were broken, and not a word said by me on the subject. This'mob was
excited by some lawyers residing at Detroit, and who, from their party relations to the present administration, are ever anxious to defeat its measures..
In Monroe, Lenawee, Toledo, and, I believe, Detroit, the public mind
is somewhat tranquil; they begin to see it is for their best interest to be
orderly and quiet. Had it not been from apprehension of creating a greater
temporary excitement, I should have conceived it my duty to have removed
every officer of Monroe county. The presiding judge of that court has
thought proper to hold the papers in all cases of pardon, under pretence of
curia vult advisare."
Previous, and during the session of the court, I assured the judge that
it was not my intention to interfere with the judiciary; I held it sacred,
and trusted he would not apply any remarks from me to himself, or any
officer of the court, I desired Mr. Fraser also to call on the judge, and
reassure him of the same. So much for ny interference with the judiciary. I consider the judges have rather interfered with my constitutional
powers; and, so far fronm giving their aid in support of the measures
adopted for return of good order, have rather publicly and privately
lent their aid to thwart and impede me in the discharge of my duty.
Many of the officers desire to lbe considered as martyrs, hoping thereby
to obtain offices under the State (overnment after the 1st of November; and, thus situated, thle )epartment can readily conceive the extent
of my difliculties, and the condition of thillgs here. My labors, both mental
and bodily, hasve been very arduous, almost insupportable. It was not until
this morning that I could procure even a clerk or private secretary, such
was the state o} the public mind, from some cause or other. I mention
nmbs and details only to exhibit tle true state of things; personally. I care
nothing for them. Effigies, burnings, threats, and other manifestations of
excitement, have constantly surrounded me. The source of, all I am apprised of, and the actors.
This morning I received an insulting resignation of the aids (John
Norvell, --    Winder, George 13. Martin, Isaac Roland) of ex-Governor
Mason, I cannot say with what design, but would respectfully suggest that,
after the 1st day of November, I should prefer having some other resources.
than, are now in Michigan, that the Territorial Government may, in ow
contingency, be superseded or abrogated in my hands. I have not been
raised to arms, my education on that subject being still more deficient than
on others, but shall be happy to render aid to others more competent sheoult
occasion require.




126                   [ Rep. No. 380. ]
Th'ere are strong manifestations that the people of this Territory intend
to embark under a State Government, on and after the 1st of next month;
doctrines are afloat here, monstrous and dangerous. I, perhaps, appear
timid when I say there may be difficulty here on that subject, unless present counsels are dissolved, and better prevail; and I do not think it prurdent to rely upon the few, very few, here to sustain the authority of the
United States. There never was a Government in Christendom with Wuch
officers, civil and military, and filled with such doctrines, as Michigan. I
could not even obtain from the clerk of the court at Monroe a copy of the
prosecutions before the sitting of the court. Turn out is what every body
desires; and one of the judges at Monroe expressed publicly his desire to
become a martyr to the cause.
Judge Swayne leaves me to-day perfectly satisfied, as the agent of Ohio,
although, I fear, perfectly disgusted with the outrages here. I tried conciliation, entreaty, appeals to their patriotism, indeed, every resort but
force, which I should not been able to obtain had I desired it. I hope the
Government will turn their attention this way, promptly adopting such
measures as they, in their wisdom and prudence, may think most advisable.
I have used my utmost exertions in executing the duties of my office at the
sacrifice of my own health, and have effected the object. Is the Department advised of an act of the last Legislative Council, designating Green
Bay as the place of holding their next session on the 1st of January next?
The elections have been held throughout the peninsula without regard to
the act of Congress in relation thereto; consequently, very few, if any,
members of the Legislative Council have been elected, except west of Lake
Michigan.
I trust the course I have pursued will meet the approbation of the Department, attributing any errors I may have committed to those of judgment rather than intention.
I have the honor to be, &c.
JOHN S. UORNER,
Sec'y and Act'g Gov'r in and over Territory of Michigan.
Hon. JOHN FORSYTH,
Secretary of State.
P. S. There are no funds here within my control, and, to discharge
my duties, I have exhausted my own pecuniary resources.
Memo.. The within letter I was compelled to obtain the aid of my clerk,to throw together, being quite unwell from fatigue and exposure, having
returning only last night, amid a perpetual scene of excitement for the last,ten days. 'Government communications of the 8th have been this day
received, and I trust will reform the much abused public mind.
JOHN S. HORNER.
Monday night, October 19, 1835.
Governor Lucas should commence the survey of the Harris line, without delay. I think, however, the state of feeling on that subject is decidedly improving.
DETROIT, October 26, 1835.
SIR: Yours of the 12th came to hand after the sessions of the Monroe
and Lenawee courts. My own sense of propriety, and knowledge of practice in the courts, suggested the course of advising the district attorney
\




[ Rep. No. 380. ]                       127
to enter "nolle prosequis," or dismissals of the prosecutions pending in
violation of the February act.
All my advice, and even persuasion, was entirely lost. No counsellor in
Michigan would accept of the office in either court, for the obvious reason
that every man is looking forward to offices under the new Government on
the 1st day of November next.
My report to the Department is, that the following prosecutions against
Granville Jones, Albert S. McDowell, Elisha Fasset, Samuel Eddes, Platt
Card, Benjamin F. Stickney, John Baldwin, William Wilson, and Naaman
Goodsell, are stayed until the spring term of the court. They are cases
of accepting and exercising office within the disputed territory under the
Ohio laws.
At least twenty cases of resistance of the February act process are now
pending, though on a general continuance; recognisances forfeited, however.
I wish the Department to understand that the particular course designated by your letter of the 12th was pursued on the 6th of October, with
not the least effect.
After indictments found in the above cases, bench warrants were issued,
and placed in the hands of the sheriff, with an armed posse. The only
alternative left me was filing pardons with a counsel of one of the defendants, as the last resort left me to avert impending collision between the
authorities of Ohio and Michigan.
The presiding judge of the court has the above cases for future' decision, The Monroe court happened on the 7th October, and continued
until the 12th. On the 13th the Ohio election was advertised at Toledo.
If (hot election had progressed, there would have existed great difficulties
in this country.
I had the good fortune to assist, by the most advisable means, (in my.
opinion,) the Toledo election. Refer to enclosed paper.
At Lenawee but two cases were tried; verdict for the defendant in one,
and fine of $100 dollars in the other; pardon executed after judgment in
that case; nolle prosequis entered in all the other cases by the district attorney; Fletcher's case, acquittal; Ellsworth's case, pardoned after judgment. At Monroe I advised a trial of all the cases during the last term;
that was refused. One object was to forfeit all the recognisances in all
cases, and continue the prosecutions, to avoid the Executive pardon,
thereby continuing the difficulty with Ohio in the State Government of
Michigan.
If bench warrants had been permitted to be forcibly executed after indictment, the object of the Government would have been expressly thwarted.
There could have been no peace, no forbearance, no tranquillity.
If the view of the President, as reiterated in yours of the 8th, is to be
modified, I should have the information without delay.
Every thing is quiet, and the people perfectly reconciled to the measures
of the Government, save a few.
I have the honor to be,
Your obedient humble servant,
JOHN S. HORNER,
Acting Governor in and over Michigan Territory.
Hon. JOHN FORSYTH,
Secretary of State.




18s                  [ aep. No. 380. ]
DETROIT, November 7, 1835.
SIR: I have the honor to acknowledge yours of the 29th ultimo.
I have the pleasure of forwarding the enclosed communication from the
commissioners of Ohio, to mark and survey the a Harris line."
A requisition of --   Stickney has been made of the Governor of Ohio.
The above, with the discharge of other duties, heretofore reported, consummates the wishes of Government, as expressed in the various communications filed in the office of my predecessor, to which reference was made
by my letter of appointment.
The action of the proposed State Government will be confined, at least
until the session of Congress, within its legitimate sphere, though I have
had strong reasons to apprehend other more disagreeable and even embarrassing results.
The Legislature have to-day decided to go no further than an election of
their Senators.
I have the honor to be,
Your obedient humble servant,
JOHN S. HORNER,
Acting Governor of Michigan.
Hon. JOHN FORSYTH,
Secretary of State.
EXECUTIVE OFFICE, OHIO,
Columbus, October 27, 1835.
GENTLEMEN: YOU are requested to repair, forthwith, to the northern
border of the State of Ohio, and make the necessary arrangement for remarking the northern boundary of the State, as required by the 8th section
of the act of the 23d July, 1835. You will be prepared to commence
re-marking said line, on the 2d day of November next, and proceed to
complete the same as soon as practicable. In the performance of the duty,
you will act with such discretion as circumstances may require, but will
be careful to complete the work as required by the act aforesaid: and,
when completed, you will make your report to me, in writing, under your
hands, specifying the time when the work was done. You will. also, make
out and certify the accounts of all assistants employed by you, as well as
other expenses incurred in the performance of the duty required of, you,
by. the provisions of the act aforesaid.
Very respectfillly,
Your obedient servant,
ROBERT LUCAS.
JONATHAN TAYLOR, Commissioners to re-mark the
URI SEELF,         5  Northern Boundary Line of
W. S. MURPHY,         the State.
PORT MIAMI, November 4, 1835.
SIR: The undersigned Commissioners appointed under, and in virtue of,
the provisions of the act of the Legislature, of the 23d of February, 1835,
for the purpose of re-marking the northern boundary line of the State of
Uhio, as required by the.8th section of the act, beg leave to report:
That, pursuant to. the requisitions of that act, they went upon the ground
on Monday the 2d of November, 1835, early in the morning, and commenced the work of re-marking said line, from the point where they were
* J'* 




[ Rep: No. 380. ]                      129
interrupted in April last, to the northern cape of the Maumee bay, and
continued their work without interruption until it was fully completed, as
required by the act aforesaid, and in strict conformity with its provisions.
They caused permanent posts to be set up and marked, as line pbstsq on
the road leading from Sylvania to Monroe, where the line crosses said
road, and on the turnpike-road leading from Toledo to Monroe, where the
line crosses said turnpike road, about seven miles from Toledo; also, in
the Prairies where the mile stations ended; and at the extreme northern
cape of the Maumee bay, where they found the willow called for in Harris's field notes, marked as the beginning corner on the cape, which marks
are plainly to be seen. They caused a large stone to be set, seven links
east of said willow corner, on the cape, marked on the north side with the
letters M: T. for Michigan Territory, and on the south with the letter O.
for Ohio. These letters we deeply cut in the stone.
We further report, that the line thus run and re-marked, with the aforesaid additional indications, is plain and permanent, easily found, and not
to be mistaken.
W. S. MURPHY, 
JONATHAN TAYLOR, Comm'rs.
URI SEELY,             (
JAMES HUGHES, Assistant.
His Excellency ROBERT LuCAs,
Governor of Ohio/
EXECUTIVE OFFICE, OHIO,
Columbus, November 10, 1835.
SIR: In my communication to you of the 29th ultimo, I informed you
that the Ohio commissioners were then on their way to complete re-marking the northern boundary line of the State, called Harris's line, and I have
now the honor of transmitting for your information, their official report,
from which it will be perceived that this work has been done without
further interruption from the authorities of Michigan. Having confidence
in the assurance of the President of the United States, and the declarations
of Governor Horner of Michigan, that the arrangement of the 3d of'July
should not be violated, the commissioners, unarmed and unattended by,
any one but the necessary assistants, commenced the work on the 2d, instant, according to previous appointment, and on the 4th instant, made out
and transmitted to me their official report of the completion of that work
(a copy of which is herewith transmitted). Thus has beent consummated
the duties required of the Executive of Ohio. The laws of the State havebeen-fully executed without the aid of force, and I trust that the people of'
Toledo, against whom the vengeance of the authorities of Michigan appears
to have been heretofore directed, will be permitted to remain in' peace uhtil
Congress shall quiet the pretensions of their oppressors.
In transmitting to you this report, I consider it my duty to state to you,
and, through you, to the President of the United States, my entire approbation of the course pursued by Governor Horner since he has been charged
with the Executive branch of the government of Michigan Territory. The
prompt and efficient discharge of his official duties,.as Executive of tlftt
Territory, in carrying into effect the instructions of the President of the,
United States, as specified in'the arrangement of the 3d Ju!y, has inevitably led to the restraint of the turbulent authorities of Michigan, and thereby
9 ~~~ ' 




ii                       [Rep. No. s380. 3
avoided an occurrence that might have been deplorable in the extreme. By
his prompt and, conciliatory course, which was cordially reciprocated by
the Executive and other authorities of Ohio, the laws of Ohio have been
peaceably and fully executed-the instructions of the President of the
Upited States fulfilled-collision avoided-and this exciting question put
to rest, at least, till the close of thejiext session of Congress.
I acknowledge the receipt of your letter of the 26th ult. transmitting a
copy of a communication from C. A. Harris, Acting Secretary of War, to
you in reply to the suggestions in my letter, of the 16th of October last,
relative to the public arms used by the authorities of Michigan, &c. &c. in
which he states "thjat the arms and munitions of war alluded to by me as
being in the possession of Ex-Secretary Mason, oT Michigan, were not
taken from the United States. store at Detroit."
I may have been misinformed as to the particular place whence the arms
were drawn, but that Mason's troops were part bf them armed with United
States muskets, and had artillery with them, as well as munitions of war,
(which were believed to be the property of the United States,) I have been
informed was notoriously the case. This I presume the Secretary of War
will not deny in his own name, though they may not have been taken:ftronb
the United States stores at Detroit."  But as the subject of permitting the
public arms to be thus used by the people and authorities of Michigan will,
as I am informed, be' likely to become a subject of inquiry before the House
of Representatives, in the next Congress, I deem it unadvisable for iime to
make further inquiry on the subject, but will observe in conclusion, that
the reply of the Acting Secretary of War, of the 23d of October last, to my
communication of the 6th of said month, ( a copy of which you transmitted
to me, ) differs widely from what is generally believed in Ohio to be the
facts in the case. In conversation with Messrs. Rush and Howard, in April
' last, they informed me that the President had ordered the public arms that
had been issued by Col. I{. Whiting to the authorities of Michigan to be
forthwith returned to the Detroit arsenal. This information corresponds
with Colonel Bomford's letter to Colonel Whiting of the 2d of April. These
were probably returned, under said order, at that time, but we find public
ains againt in the possession of the people and authorities of Michigan,.particularly at the time the attack was made oin our boundary commissioners on the 26th of April. This' information I obtained from General Haskill, of Michigan, who, I understood, was a member of the Legislative
Council of the Territory. General Haskill was introduced to me, at Port
Miami, on the 27th of April, the day after the attack was made on our
commissioners. He had been despatched by Acting Governor Mason, as a
messenger, as appeared by documents which he delivered to me. hi the'
course of conversation with him, I alluded to a report that Governor
Masoli had broken into the arsenal at Detroit, and taken possession of
the United States arms and ammunition. General Haskill, in reply, observed that such were not the facts. iHe said they did not take the arms
by force-that Governor Mason applied to the keeper of the arsenal for
arms-that the keeper declined issuing them as being without authority from
the ordinance department; but at the same time told Governor Mason that
'.if he would take them upon his own responsibility, he might do-so, and
infdrmed him where he mighltfind the key of the arsenal. General Haskill
said that the key was procured by Mason, and that the authorities of,  Michigan took from the arsenal such arms and ammunition as they wanted.
l~..




lep.No-. 3. IF                                1
These were the statements of General Haskillj and I presun. they are fact
that cannot be controverted. Thus the authorities of Michigan. had in:
their possession, on the 27th of April last, arms and lmmunition taken''ron:
the United States stores at Detroit; and the general impression in Ohio I 
that the arms and munitions of war, or a part of them at least, that were
in the possession of Ex-Secretary Mason and his invading army, on the
7th of September last, were drawn from the same source; and that these
things were done with the knowledge at least, if not by the private speciial.permission of the Secretary of War. The impression, I confess, I cannot
myself resist, from a knowledge of the relation in which the Secretary
stands to that Territory, and his active.private interference in its behalf, as
is manifest by his nmnerous private letters to gentlemen in Ohio, as well
as Michigan, several of which have been submitted for my perusaL. In
some of these letters the Hon. Secretary deemed it not advisable to appear
in this controversy in public, but declared he was doing all he cul4 in a
private way. In truth the Hon. Secretary of War 'is viewed in Ohio as
the author of'this unfortunate controversy, and that he is the master spirit
that has controlled its operation. The evasive reply, froli the War Departmrent, to my letter of the 6th of October, on this subject, has made it
my duty to submit the foregoing statement..
With great respect, I am your obedient servant,
ROBERT LUCAS.
Ion. JOHNP FORS-TEI,
Secrelary of State United Slate. S
\   ~..,
G.
Extract from the argunment of lMessrs. Gallatin and Preble-on the North
eastern Bortdary, at page 32, on the part of the United States, on the
case referred. 
"M Aitchell's map is acknowledged by both parties to have regulated the
joint and official proceedings of the framers of the treaty of 1783.. And
it has already been observed, that the southern boundary of the province
of Quebec, designated for the first time by the proclamation of 17.63, was
not and could not be laid down on that map, which was published in the
year 1755. This acknowledgment is founded on the testimony of the
American negotiators, taken at the time when the question "what" was
the true river St. Croix, had, by virtue of the treaty of 1794, been submitted to a joint commission. The deposition of John Adams states: "that
Mitchell's map was the only map or plan which was used by the commissioners at their public conferences, though other maps were occasionally
consulted by the American commissioners at their lddgings."
In a letter to Lieutenant Governor Cushing, of Massachusetts, of the
25th of October, L784, when Mr. Adams' recollections on the subject were
quite fresh, he writes: "We had before us, through the whole negotiation,
a variety of maps, but it was Mitchell's-map upon which was marked out
the whole of the boundary lines of the United States; and the river,St.
Croix, which we fixed on, was.upon that map the nearest river to the St.
Johns, so that in all equity, good conscience, and honor, the river next to
St. Johns should be the boundary.                               -




'.:"              ' -  -' '.^.      I'.       -
I ':;.:, t Ab."'tii'   *tri boadi. line, of the State of Ohio, nd, to provide for the adisX....,. s4 I.o( th e State' f Mifefhig into.the Uniion on certain conditions,::      i (; f   e.aited by the Senate adnd ftouse of Representatives of the United;'.t"   Jofl A?'tiea in "Cn.gree s assembled, That the northern boundary
'-Ain: of. tte  ate of Ohio, shall Be established by a direct line drawn from. h: e southern extremity.of Lake'Michigan to the most northerly cape of the
Maiumee (Miami) bay, after intersecting the eastern boundary line of the
State -of iidiana; thence northeast to the boundary line between the United.States atd:'Canada in Lake Erie; thence with said line to the P'nnsylva-..   line.,.....
i   S     S. 2; A:i4 be it further enacted, That the constitution and State Go_..vernmmen%, which the people of Michigan have formed for themselves, be,
andl the same A is hereby, accepted, ratified and confirmed: Provided, how'ever, That the said State.~hall consist of, and have jurisdiction over all the
' teriitory included within the following boundaries, and over none other,
to Wit: begining at the point where the above named north boundary of
Ohio intersects the eastern boundary of Indiana, and rufining thence with.   te ssai4 boundary line, as above specified, to the territorial line in Lake
~Erie:thence with the said territorial line through D  river, Lake, J,Hupni and Lake Superior, to 'a point where the said  4~ibrial line last
touches Lake Superior; thence int a direct line through LaS-e Superior to
the mouth of the Montreal river; thence through the middle of the main
channel of 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 said line
to the-main. chantel of the said Menominee river, and through the middle: 6fthe same the Aiddle of Green bay; thence through the middle of the main
channel of Green bay to the middle of Lake Michigan; thence through the. u4dmdle of 'Lake Michigan to the northern boundary litue of indiana, as
established by the, act of the 19th of April, 1816; thence due east with the
" i rid north boundary line to the northwest corner of said State: thence
-,.Asouth with the east boundary line of Indiana to the place of beginning.
' )   3SEC. 3. And be itffurther enacted, That the State of Michigan shall be 
admitted info this Union, on an equal footing with the original qtates, in all 
'    respects whatever, upon these fundamental conditions: that the boundary '. of the said -State shal be the lines and limits above established, and that these
~: -> boundmaies shall receive the assent and approbation of thie Senhtors and:h:.  ieptesentative elected to Congress, and the Legislature of the said State. act-:-   ing rep'ectively under the authority of the ordinance of the convention
'::i,  fwhich formed the constitution-of said State;,and as soon as said assent and
I. approval shll:hae been 'made and given, the President of the United
" /Stats.shall be authorized to announce the same, by proclamation; and
i..:; theteupoih and without any further proceeding on the part of Copgress, the..'.:',i;. h  of;the s;i State into the Union shall be considered as cpmplete,: nio the Senators awhd Representative who have been' elected'by the said:::Sate; shalbI entitled to tak? their' seats in the Senate and House of Pepre' ^.: seniti:t spectiVey, without further delay. 
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