Ohio State journal and Columbus gazette (Columbus, Ohio : 1825). (Columbus, OH), 1835-12-15

              i wild TUESDAY, DECEMBER 15, 1835, JOURNAL AND SENTINEL. P. C. GALLAMIItttl, EDITOR. Office on HigU-'truet, wjcoud door south of Armstrong's Hotel. TERMS Two Doll fir i and Fifty Cunts, in advance, or Three Dollan, at tlie end or tlie year. No subscriber allowed to discontinue wlille lie remains indebted to tlie office. Thli paper la published twice a week during tlio sesaion of the State Legislature, and weekly tlie rest of ttio year. Term, to thort who subscribe for tlio ifssiuii only, one dollar. SPECIAL MESSAGE. (CONCLUDED.) The Territory boing thus -divided into two districts, for the purpose of temporary govern, ment, in conformity to the provisions of the 1st Section of the Ordinanco of tho 13th of July, 1797, the population of the eastern division, having increased to a number sufficient to enti-lo them to tho privileges of forming a Constitution and Stnto Government, and for their admission into the Union upon an equal footing with the original -States, applied to Congress to grant them that privilege, und on the :10th of April, 1802, Congress passed an Act, entitled "an Act to enable the people of the eastern division of the Territory, north-west of the rivor 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 Stutes, and for other purposes." Tho first, second, nnd third sections of this Act are in tho following words, to wit: "See. 1. lie it enacted by the Senate and House of Representatives of the United States of Amer. ica, in Congress assembled, That the inhabitants of tho eastern division of the Territory northwest ol the river Ohio, bo, and they nre 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. That the said State shall consist of all the Territory included within tho following boundaries, to wit Bounded on the east, by the Pennsylvania line; on tho south by tho Ohio river, to the mouth of the great Miami river, on the west, by tho lino drawn duo north from tho mouth of tho great Miami aforesaid; und on the north, by an east and west line drawn mrougn tho southerly extreme of Lake Slogan, run- ning east, after intersecting tho due north line aforesaid, from tho mouth of tho great Miami, until it shall intersect Luke Erio or the, territorial line; thenco with the same through Lake Erio to tho Pennsylvania lino, aforesaid; Provided, that Congress shall be at liberty, at any lime hereafter, either to attach all the Territory lying east of the line to be drawn due north from the mouth of the great Miami aforesaid, to the territorial line, and north of an cast and west line drawn t'irough the southerly extreme of Lake Michigan, running eist as aforesaid, to Lake Erie, lo the aforesaid Slate, or dispose of it otherwise, in conformity to the 5lh Article of compact between the original Slates, and tne people awl Males to be jormea in the Territory north-west of the river Ohio. "Sec. 3. That all that part of tho Territory of tho United states, north-wost or tho river Ohio, heretofore included in tho eastern division of said Territory, nnd not included within the bounds herein prescribed for said State, is here by attached to, and made a part of the Indiana Territory, from and after the formation of the said Slate; subject, nevertheless, to be bercat-ter disposed of by Congress, according to Ihe right reserved in tho 5th Articlo of tho Ordinance aforesaid; and the inhabitants therein shall be entitled to the same privileges and immunities, and subject to the samo rules and regulations in all respects whatever, with all other cit. izens residing within tho Indiana Territory." Tho 4th section fixes the day of election for members of the Convention; doliues the qualification of electors; apportions tho number of Delegates to tho several counties. Tho 5th section, declares that tho members elected, should bo authorized to meet at Chilli-cotho on tho 1st Monday in November next, thereafter, which Convention, when met, should j Convention bad not tho right lo reject that pro. first dotermino by a majority of the wholo num. ! I)0ji'l entirely, and to have adopted as a northern bar elected, whothor it be, or not, expedient nt j l miliary of Ohio, Iho boundary lino as spocifi-that limo, to form a Constitution and State Gov. ' "ilI in tho 5th Articlo of compact. As a proof eminent for tho peoplo within thu said Terrilo-1 "'"the correctness of this possdion, wo will refer ry, and if it was determined to bo oxpedicnt, tlie , lll110 different Acis of Congress, allowing Indi. Convention was authorized to form a Consiilu- j ana, (tao middle Slate) and Illinois, (the western tion and Slalo Government, or if it was deemed Stale) lo form Constitutions respectively. Tho more expedient, tho Convention was authorized ' aecond section ol'tlio Act ol Congress, entitled to provide by Ordinance, for electing Ivoprcson tntives to form a Constitution, provided tho same was republican, and not repugnant to the Ordin. anco, of the 13th of July, 1737. Ihe 6th section provided, that until tho next census, tho Stato should bo entitled to one Rep. resentntive in Congress; und the 7lh and l ist sections made throe distinct propositions to tho Convention, for their acceptance or rejection, a iproposition with regard to school lands, sail springs, and ono twentieth part of tho nett pro. .eeeds of tho lands Iving within tho Stnto to bo formed. ' Tho peoplo accordingly elected mombors of n Convention, which mot nt Chillicothe, on the first Monday of Novcmbor. 1802. I ho Con. .vention decided in favor of tho expediency of. .forming a Constitution and Stato Government, i.and proceeded to frnmo a Constitution. .The pronmblo recites what peoplo they wcro ithat formed a Constitution and Stnto Govern. ment; tho authority by which they wore author. ized to form such a Government, nnd tho object of the same, in tho following words: "We, the people of the eastern division of tho : torritory of the United States, north-west of tho .rivor Ohio, having Iho right of admission into tho General Government, ns a member of tho Union, consistent with the Constitution of the United Slates, tho Ordinnnce of Congress of I 1787, and of the law of Congress, entitled "An Act to enable the peoplo of tho eastern division of the territory of the United States, north-west of tho river Ohio, to form a Constitution and State Government, and for the admission ol such State into tho Union, on an cquul footing with the original States, undfor other purposes," in order to establish justice, promote tho welfare, and securo the blessings of liberty to oursolves and our posterity, do ordain nnd establish the following Constitution and form of Government, nnd do mutually ngreo with oach other, to form oursolves into a free and independent Stulo, by the name of the Stato of Ohio." The Convention was thus assembled ij the. people of the eastern division of the territory ol the United States, north. west of the river Ohio, under the provisions of tho Ordinance of July 13th, 1787, and tho Act of Congress of April 30th, 1802, und in conformity to the Constitution of tho United Stutos. Thu Ordinanco do. dared that the eastern State should be bounded, west by u lino druwn from the mouth of the grat Miami to the Canada or territorial line, and north by tho territorial line. The Act of Congress ol'tlio 7lh of May, 1800, dividing the territory of iho United States, north-west of the river Ohio, into two sepurato gov. ernments, declared when that part of the territory of tlie United Slates, which lies to the east-ward of a lino beginning at tho mouth of the great Miami river, and running thence duo north to tho territorial line between tho United States and Canada, should be erected into an independ ent State, und admitted into the Union on nn equal footing with the original States, thenceforth said line should become and remain permanently, the boundary line between such State and the Indiana Territory. The first section of tho Act of tho 30lh of April, 1802, declares that tho in-habitants of the eastern division of tho territory of the United States, north-west of the river Ohio, wore authorized to form for themselves a Constitution and Stato Government, and to assumo such name as they should deem proper; and tho suid State, when formed, should be udmitted in-to the Union, upon tho samo footing with the original States, in all respects whatever. J bus it appears conclusive in my mind, that that Convention when assembled, us tho people of the eastern division of tho territory as aforesaid, bad an undoubted right'to reject any propos. ition ol boundary, other than that specified in the Ordinanco as tho boundaries fir the eastern State; but Congress in passing tho Act of the JOIh or April, 1802, no doubt hud in view the reusons assigned by them in tho preamble to tho resolution oi' the 7th of July, 1780, asking Vir- una to alter her act of cession, namely, "that in fixing the limits and dimensions of the tine Stutes, due attention ought to be paid to Jianra7 boundaries, and a variety of circumstances which would lie poin'ed out by a more perfect knowledge of the country, sous lo provide for the future growth and prosperity of each" &c. Those rea sons, together with tho senso of the propriety of thcrealtor exercising tho authority given them, by tho proviso in tho 5th articlo of tho Ordinanco of 1787, to form one or two States in that ' ' ' ' - one or two otaics in mat l'"' !'e territory which lies north of nn oast and west lino, drawn through the southerly Bund or extreme of Lako Michigan, was doubtless tho causo why the proposition was made to our Con. ventioa, to udopt, ns a northern boundary, a lino dilfcrcnt from that described as tho bouuda-1 ry for tho enstern State, in tho Ordinanco of! 1787. Whatever may havo been tho views of Congress in submitting to tho consideration of the Convention tho boundary specified in tho second section of the Act of tho 30th of April, iti)2, the proviso in that section implies a doubt ui mu uyiii ur irujiii:iy ui usiauiisiuug uiui line as the permanent northern boundary of the east ern State, then about to bo funned. If not, why was it necessary to insert the proviso "that Congress should be at liberty, at any time thereafter, either to attach all tho territory east of tho line to bo drawn duo uurth from tho mouth of the Miami aforesaid, to tho territorial line, and north of an east and west line drawn through the south-erly extromo of Lako Michigan, running east as aforesaid, to Like Erie, to the aforesaid State, or to disposo of it otherwise in conformity to the 5th articlo of compact," ccc. This proviso ad-mils a contingent right, nt least, in Ohio to that territory, unj an obligation on her part lo nc cept it if Congress should so direct. But be that us it may, that part of tho Aet of Congress, ol'tlio 30th of April, 1302, which proposed as a northern boundary to the State, then ubout to be funned, a line dilfcrcnt from tho ono described nstho northern boundary of tlie eastern Stale, in the 5th Articlo of the Ordinance of tho 13th of July, 1737, can bo viewed in no oilier light than as u proposition submitted by Congress to the Convention, lor their acceptance or rejection, and I presume that no ono will contend that the "An Act to enable the peoplo of the Indiana Tor-ritory to form n Constitution and State Govern, ment, and for tho admission of such Statu into tho Union, upon nn equal footing with the origin, nl States," enacts that tho said State .shall con sist of all tho territory included within tho fol. ! lowing boundaries, to wit: Bounded on the east j hy tho meridian lino, which forms tho western boundary of the Stato of Ohio; on the south, by iho rivor Ohio, from Iho mouth of tho great I Miami rivor, lo tho mouth of tho river Wa. Ibash: on tho west, by a line drawn along tho middlo of tho Wabash, from its mouth, I t" n pomt whero a duo north line drawn from the town of incennes would last touch the norm snore oi sain rivor; ami irom llienco by a uue nuriu imo, unui mo samo snail intersect nn cast nnd west lino, drawn through a point, ton miles north of tho soulhorly extreme of Lako niiciiigan; on mo norm, iy inesaiuoasi nnu west line, until the same shall intersect the first men. tioned moridinn lino, which forms the western boundary of tho State of Ohio: Provided, that tho Convention, hereafter provided for, when formed, shall ratify the boundaries aforesaid; oth. erwise they shall be and remain as now prescribed by Ihe Ordinance Jor Vie government of the Territory north-west of the river Ohio. (That is, the State should extend north to the boundary line specified as the northorn boundary of the middlo Stato, in the 5th Articlo of tho Ordinanco of 1787.) The Convention of Indiana ratified the boundary, ns submitted by Congress in tho net aforesaid, on tho 10th of June, 1810. Sou Constitu-tion of Indiana. Tho second section of nn Act, entitled "An act to enable the people of Illinois Territory to form a Constitution nnd Stato Government, nnd for the admission of such Stato into the Union, on nn equal fooling with tho original Slates," enacts " that tho said Stato shall consist of all tho territory included within tho following boun. daries, to wit: beginning at tho mouth of tlie Wabash river; thenco up tho same, and with tho lino of Indiana, to the north-west corner of PRINTED AND PUBLISHED BY SCOTT & WRIGHT, said State; thence east with the line of the same State, to tho middle of Lako Michigan; thence norm, along tne miuciie ol said Lako, to north latitude forty-two degrees and thirty minutes; thenco west, to the middlo of tho Mississippi river; thenco down ulong the middlo of that river to its conflueneo with the Ohio rivor; and thenco up tho latter river, along its north, western shore, to the beginning: Provided, That tho Constitution hereafter provided for, when formed, shall ratify tho boundaries nfore-said; otherwise, they shall bo and remain as now prescribed by tho Ordinance for tho government of tho Territory north-west of tho river Ohio." (That is, tho Stato should extend north to the Canada lino. See .boundaries of tho western Stato, as described in the 5th Article of the Ordinance.)The Convention of Illinois ratified the boun- daries as prescribed by Congress in the Act aforesaid, on the 20tli of August, 1818. See Constitution of Illinois. Thus wo see, that tho boundaries different from those described in tho Gth Article of the Ordinance, were submitted by Congress to the Convention of Indiana, tho middlo Stato, and to the Convention of Illinois, tho western State, for their ratilication or rejection; and if rntified by said Conventions respectively, were to becomo tlie permanent boundaries or said Slates; other, wise, they were to bo bounded as specified in tho Ordinanco of Congress of tho 13th July, 1787. From tho foregoing considerations, wo are drawn to tho conclusion that tho second section of tho Act of the 30th of April, 1802, so far ns ii reiaieu 10 ine boundary ol the eastern State then about lo bo formed, wus in tho nature of a proposition submitted by Congress to the Con vention for their acceptunco or rejection. If tho boundaries specified therein were accepted by tho Convention, such would bo considered the boundary of the Stato ; if not, the boundary specified in tho 5th Articlo of tho Ordinance os tho boundary of tho enstern State, would bo the legitimate boundary of Ohio. The question now arises, Has the proposition of Congress, with regard to the Northern Boundary of Ohio, been ucceptcd by the Convention, or has it not? If il has not, tho legitimato Northern Boundary of wnio is uie uanaua lino, as spccilicd in tho 5tb Articlo of tho Ordinance describing tho bounda-ry of tho eastern Stato to be formed within the territory north-west of tho river Ohio: but we consider that tho proposition of Congress was substantially accepted by the Convention, with a declaratory and explanatory provision. Let us now sco what is tho truo state of tho case. In our opinion, it is simply that Congress pro-posed to tho Convention of Ohio, that in lieu of tho Canada lino, tho Stato should be bounded on tho north by a line to bo drawn duo east from tho southerly extreme of Lako Michigan. Tho geographical position of Lake Michigan was not known at tho time: some of tho most approved maps piaceu us souiuern extremity ai 4.5 Ue, 20 min., somo further north, but none placed it so far south that nn eust lino would strike south of tho Maumeo Bay. The general impression at that time was, that a lino drawn duo oust from the southern extremity of Lako Michigan, would strike tlio Detroit river. Under this impression, tho Convention of Ohio concurring in thu reason assigned by Congress to Virginia as nn induce, mont to change her net of cession, "that in fixing the limits und dimensions of the new States, due attention ought to bo paid to natural boun daries, und a variety of circumstances which would bo found out by a moro perfect knowledge of tho country, so us to provide for tho future growth and prosperity of each: that none should be deprived of the advantages of navigation, if it could bo avoided: that proper attention should he paid to tho intersection of lakes, rivers, &c." With this view, no doubt, tho Convention of Ohio, under tlio full impression that an east line from the southern extremity of Lako Michigan would strike Lako Erie, or tho territorial lino, north of the most northern Capo of Maumce Bay, accepted tha northern boundary us pro-posed by Congress, with a declaratory and ox. planatory provision, which was saying in plain terms, tli.it the Maumce Bay must bo included within the Stato of Ohio: that if tho lino run due east from tho southern extremity of Laki Michigan struck north of it, the Stato would accept it us hor northern boundary; but if it struct: south o( the most nortborn Capo of Iho Mau inco Hay, that it should not bo tho northern boundary of tho Slate, but that tho northern boundary should be a lino run from the most northern Capo of tho Maumeo Bay to tho south ern extremity of Lako Michigan. This is the only lino that has been recognized by thn Con vention of Ohio: this is tho lino defined in the Constitution of this Stnto. If it is not our legal northern boundary, tho Ordinance will push us north to tho Canada line; but this wo do not wish. Tho Gth section of tho 7th Article ofour Con stitution accepting tho boundary proposed by Congress in their Act of the 30lh of April, 130'i, reads as follows: it is plain, nnd I think, easily to bo understood: viz. "That tho boundaries of this Stale bo ascertained, it is declared that they aro as hereafter mentioned; that is to saw boun. ucu on tlio enst hy tlio I'cnnsy Ivnnin lino; on the south bv tho Ohio river to tho mouth of the Great Miami rivor; on tho west by the linn drawn duo norm irom tlio mouth of the Great Miami river aforesaid; and on tho north by an east and west line drawn through the southern cxtrcmo of Lnko Michigan, running duo cast after intersecting tho duo north lino aforesaid from Iho mouth of tho Great Miami, until it shall.uitthoir best endoavors to have a Commissioner intersect Lako Erio, or tho territorial lino; and thenco with the same through Lako Erio to tho Pennsylvania lino aforesaid." (With tho fol lowing declaratory nnd explanatory provision:) "1'rmaca, always, nnd it is heroby fully un dorstood and declared by this Convkntion, that if the southerly bend or extreme of Lake Miehi gan should extond so fur south that a line drawn due east from it should not intersect Lake Erie, or if it should intersect the said Lake east of tho month of the Miami of the Lake, THEN nnd IN THAT CASE, with tho nssent of the Congress - IT o....- .... .. .i . , t oi me uiiiieu omiei, me norinorn Dounnary oi this Stnto SHALL BE established by, and ex-tond to, a direct lino running from Iho southern extremity of Lnko Michignn to tub most Non riiimY caws of tho Miami Bay, ufter inter-seeling Ihe duo north lino from tho mouth of tho Great Miami river aforesaid, thenco north-east to tho territorial lino, nnd by tho said territorial line to the Pennsylvania line." This section oil tho Constitution of Ohio is the only act by which the people of tho eastern division of the torritory of tho United States north-west of tho river Ohio, assented to n change of the northern boun. dury from that described in tho 5th Article of tho Ordinance, and the provision in that section declares expressly the terms upon which that change was accepted by the Convention. But it has been contended that Congress has never assented to tho provision in our Constitution, and that until this consent is given by special act, this proviso in tho Constitution of Ohio is a nullity. Admitting this to bo tho fact, bow will the question then stand with regard to the north, ern boundary of Ohio? If tho proviso is a nullity, the whole section of the Constitution, on the subject of our northern boundary is also a nul lity, and where are we then to look for the legit imate northern boundary of Ohio? The 5th Ar- tide of the Ordinance of 1787, answers that question. It declares that tho eastern Stato shall be bounded north by tho territorial or Can- nda line. Hut wo think the 6tli section of the 7th Article of tho Constitution of Ohio, with all its explanatory provisions, as well as every oth-er part of that instrument, has received the us. sent of Congress, and that tho boundary line do-scribed therein is the established northern boundary of the State of Ohio; and has been so re-cognized by tho constituted authorities of the United States, specifically surveyed under tho provisions of un act of Congress, und reported by tho proper officers of tho United Stales, to the Executive of Ohio, submitted by him to tho Le. gislature and accepted by them as the northern boundary of tho Statu. Let us now examine that part of tho subject, nnd see if Congress havo not given their nssent. After tho admission of Ohio into tho Uubn, the territory not included within the bounds specified in tho Constitution, was, by tho provisions of the Actofthe 30th of April, 1312, attached to tho Territory of Indiana for the purpose of temporary government, Congress reserving the right to attach a certain portion to Ohio, if they there-after deem it expedient. Congress have, us appears from tho Act of the 11th January, 1803, thought il advisahlo to divide tho Indiana tor-ritory into two separate governments. Here un inquiry might be made ns to the source whence Congress derived that authority to divide the territory for tho purpose of temporary govern-ment: it was evidently not derived from tho Or-dinanco of the I3th of July, 1787, for the first section of that Ordinance declared the territory ofj tho United istates, north-west ol tho river Ohio, for the purpose ol temporary government, lo ho ono district; subject, however, to bo divided into two districts, as circumstances might, in the opinion of Congress, make it expedient. The pow. cr thus granted Congress by the Ordinnnce, was exhausted on tlio 7th May, 1300, by the Act to divide tho territory ofthe United Slates north-west of the river Oiiio, into two separate governments. This authority of Congress could not havo been derived from tlio Ordin nice, but from tho Constitution of the United States, thereby creuting thu Territory of Michigan, nnd including within its boundary a considerable portion of the territory originally included within tho eastern Stato, ns defined by the 5th Article of tho Ordinance of 1787. Thu Act of Congress creating this terrilury, whatever bo thu expression therein with regard to bound:) ry, is in our mind evidenco of tho assent of Congrcs? to the provision in tho Constitution of Ohio relating to tlio Northern Boundary. If Congress had dis sented from this provision in our Constitution, the whole proposition with regard to changing the Northern Boundary from that described in the 5th Article of tin Ordinance, us tho boundary of tho eastern Slate, to that submitted by Congress in their Act of tho 30th ol April, 1302, would havo been null und void; and Congress could havo exercised no control over tho territory in eluded within the eastern State, as defined in the Ordinance of July, 13, 1737. Soon after the organization of tho Territory of Michigan, (ihe legality ot which under the Constitution of the United States wo do not wish to contest,) tho Lo. gislaturo of Ohio, being sensible of tho necessity of having tho boundary line between Ohio und that Territory ascertained, on the 2 1th day of January, 1307, passed a resolution, with a pre amble, in the words lollowing, to wil: " Whereas, tho Northern Boundary Line of the Stale is uncertain, und has never been ascertained; nnd us it is generally believed that an east nnd west lino drawn through tho soulbeily extromo of Lako Michigan, running east, after intersecting tho duo north lino from the mouth of tho Great Minmi river, will not intersect Lake Eric, or if it should intersect the said Lake, it will bo at a point east of the mouth of tho Miami rivor ofthe Lake; Therefore, "Resolved by lite General Assembly of Ihe Slate of Ohio, That our Senators and Representatives in tho Congress ofthe United Statos, be instruct, ed nnd requested to tiso their influence to ob-tain tho passage of u law, in tho Congress aforesaid, to uscertain nnd dciino Iho Northern Boundary lino of this Stato, nnd fi x tho samo agree, ably to the provisions contained in the sixth section of tho seventh articlo ofour Constitution." Again, on tho 17lh of February, lOOf), a second resolution was passed, with a preamble, in tho words following, to wit: " Whereus, groat inconvenience has been, nnd is daily occurring, in consequence of thn Western nnd Northern Boundary Lino of this Stnto not boing defined: Therefore, "Resolved by the General Assem'ily of the Shte nf Ohio, I hat our Senators in Congress bo in struclcd, and our Representatives requested, to nppointod on the part of the United Statos, to act jointly wilh such Commissioner us may be ap pointed on the part of this btute, to ascertain, run, and mark the Western and Northern Boundaries thereof." On the 21st of Deeomber, tSU, n third reso lution, with a prcamblo, was passod, in tho fol lowing words, to wit "Whoi-on. Ihn XVirlliorn nd nn-t nf lh Wcstorn Boundary Lines of this Slnte.'hnve ne vor been run and designated, nnd considerable! settlements have boon mndo on theso parts ol ihft Cnltiwl Slnlna' land mAnt Kv Tndijiin not, I ... w.u...., .nnu , ...... the Rnpids of tho Minmi of the Lnkc; and the, peopio ot those settlements uo noi imow unaer.iniu imo siruci; uaito i.'.rio, seven miles and 4U what jurisdiction nnd irnvernmenl they live tho chains south of the mouth ofthe Minmi of Lake Govornor of Michigan Territory bnving nn.j.Erie. He then observed, that Harris laid ofi' pointed magistrates nnd exercised authority in1 theso settlements, and tho President of tho Unit, j ed States having appointed n Collector to reside! ui ine sum luinuis, nun uescnuiug uiu uiueu us, No. in the Stato of Ohio.-'within tho limits of which it is believed those ssohiimls are; and many future inconveniences' EtffiVinroheiided from the uncertainty of those b! ' V- lines: There, fore, ' f "Resolved, That our SenaPSf and Reprcsen-tutives in the Congress of the United Slates be requested to use their exertions to procure a law to bo passed by Congress, providing for running and designating tho Northern and Western Boundary Lines of this Stuto, und to take such other means ns they shall find necessary to nc minimal) iiiuuduvc mentioned object. Congress, after being thus repeatedly ur"cd on the subject, on the 20th of May, 1812, passed --ui uei in auinonze the President ofthe Uniled States to ascertain und designate certain boundaries," in tho words following, lo wit: "lie it enacted Iry the Senate and House of Representatives in Congress assembled, ty;. That tho Surveyor General, under tho direction ol tho President ofthe United States, be, nnd ho is hereby authorized und required, (as soon as the consent of tho Indians can be obtained,) to cause to be surveyed, marked and designated, so mud; ofthe Western nnd Northern Boundaries of the Stato of Ohio, which havo noi utreudj ucen ns. certained, as divides said State from tho Torri-tories of Indiana and Michigan, agreeably to the boundaries established by tho net entitled 'An act to enable the peoplo of the Eastern Division of the Territory North. west ofthe river Ohio, to form u Constitution and Stnto Govern, menl, and for tho admission of such State into tho Union upon nn equal footing with tho origi-nul States, and for other purposes,' passed A-pril 30th, 18112, nnd to causo lo bo mado a plat of so much of tlio boundary lino as runs from the southerly extreme of Luke Michigan to Lako Erie, particularly noting tho placo where said line intersects the margin ol said Lako, nnd to return tho same, when made, lo Congress." (The language used in this Act is evidence, of itsell, that (.engross had assented to the lino specified in the Constitution of Ohio; if not, there could havo been no boundary lino established between Ohio nnd Michigan. As was already observed, Congress, in the Act of 1302, pro. poseil a northern boundary for the State of Ohio different from the one specified in the Ordinance of 1787. Tho Conveulion accepted the propo. sition of Congress, with a declaratory und cx pianatory provision. II tins provision wus not assented to hy Congress, no boundary line was established by the Act of 1802. This proviso is inseparably connected with the whole section of tho Constitution of Ohio on tho subject ol boundary: it ono part has been assented to, the whale has been; if tho proviso has not been assented to, no part has been; for that part of mo proviso winch relates to the north Capo of tho Miami Bay was the condition upon which the Conveulion accepted the boundary proposed by Congress; and 1 presumu no one will contend that tho Act of Congress of tho 30lh of April, 1802, established tho boundary lino proposed therein without the assent of the Convention to such lino.) Wo will now soo what has boon done under this Act, soiii nfter the consent of tho Indians; was obtained, as required thereby. On the 9ih Tho foregoing report and prenmble wero of August, 1310, one of Iho members of Con- adopted by "tho GoiicnI Assembly of Ohio, gress from Ohio, by leUor, called iho uttention without a division, on the 20ih of January, 1818. of tho Commissioner of tho General Land Ollicc, This resolution, ns explained in the report ofthe to that A el, and urged the importance mid nn. committee, wo consider as tho legitimate clos-cessily ol having the northern boundary line of, jn Act on this subject. the Slate of Ohio, run and established during that year. On tho 221 of Ihosanio month, the Commissioner of tho General I.and Ollieo, addressed a letter of instructions to tho Surveyor General, stating, that ho had been directed by tho President of tho United States to authorize him lo have tho boundary line of Ohio run und marked, and required the Surveyor General to engage a faithful und skillful deputy lo survey and mark tho said northorn boundary. Thu Surveyor General, in accordance with tho in- strui'tions of tho Pccsident, engaged William Harris, Esq., uu experienced, skillful, practical surveyor, und on the 31st of December, 1810, gave Mr. Harris special instructions bow to run the line between Ohio and Indiana; also, how to run tho line between Ohio und .Michigan Tcrri. tory. In 1817, .Mr. Harris completed tho work in strict accord-unco with bis instructions, and made his report to tho Surveyor General's Of. lice. 1-rom this report, it appears that the north. ern boundary line of Ohio was run, marked and designated specifically beginning nt a willow i tree, marked as a beginning corner, slandingon & . ? . 1 " . tho most northern cape of tho Maumeo Bay, und from thenco, ho run a direct line to tho southern extremity of Lake Michigan, until it intersected tho Indiana line, or tho lino running duo north from tho nvmlh of llio Grout Miami river. At; this intersection bo erode I a pile of stones, and j marked and designated it in his field notes, as il, mi. il,.,! r ii, ,.r in,:.. . These field iio-es, giving a correct desertion of il,;.i;n. i 1 ... ; '. n . . . ' -.. r J " III-I MIIU.IIII.I..II1! hi i.io uuuoiu) rtMcino.y in j'mo last. Governor Worthington of Ohio, learning that (ho ourveyor General, under tne direction of tlie President ol the United States, ns required bv (ho Act of tho 20lh ol May, 1312, had caused to bo surveyed, marked nnd designated Iho wes - tnrn and northern bona, laries of Ohio, as sneci i?.i :.. i t . . i ..-.i i v. , ueu in saiu aci, u u, on i o ii o :ovem mr, ,r. , r r t , , . 117 .,.;.,, , ii, :,.,., r i , ,. 'MhoAct of (.imprest aforesaid, nnd Ihe provi-1817, wulo to tho .Surveyor General, stating sio, ..Mho Constitution ,,f (he State of Ohio, tho importance of knowing to a certainty iho ad ,li,l establish and plainly mark and designate northern bounds of the Stale, nnd requested the! as the bnnndaVy lino bolwocn the Stato nf Ohio Surveyor General lo inform him if it had been j and -Michigan Territory, a direct lino running nsccrtaineil; und if so, where, in its course east,' ('om 'be most northerly capo of the Miami Bay, it intersected Laltn brie, with such oilier infor. million as he (tho Surveyor General) ini"htdcerr , material, to unable him, ns Executive to give! Ihe General Assembly of Ohio ,!,o nccossaryin- formation on tho subject 1 no Surveyor General, in a letter of iho 20th of November, 1817, acknowledged thn receipt of Governor Worthinglnn's letter, nnd in nn - swor, sunt, mat no had the linnor to ohservo thatl Iho boundary line had been run bv William liar - ri nnn nf llw, nmst evnni-mnend nn.l Surveyors, nnd enclosed lo Governor Worthing Ion a copy of Harris' return tot be Surveyor Gen j oral s uiliee; mm observed, that it would bo seen bv uniH i"l)irn. th.it in i-imiiinrt n iln . ,t, id l!i,,.l .., .- , rt ,. . .,, from tho southern extremity of Lako Michigan, the northern boundary, on n lino direct from the1 most northerly capo of tho Miami Bay, to the1 southern extreme of Lake Michigan'; both of wiiuai nu'.-n, nc njiu, neie iaei umvn mi me man 17, Vol. X.VV Whole No. H28. I enclosed, The latter lino of which, beinsr tha one run from the most north cape, tho Surveyor General said, was in conformity with the 6th section ofthe 7th Article or the Constitution of Ohio. Governor Worthington, on the 10th day of December, 1817, in his Message to the General Assembly of ( ihio, observed that the northern boundary of the State had been lately ascertain, ed under tho authority ofthe United Stntea. nnd called the attention of the General Assembly, particularly, to that subject, urging it as very important to have the question of boundary settled with the least possible delay.- He, at tho same timo, transmitted .tlio Surveyor General's letter, together with a, copy of Harris' return, maps, &c, to the Surveyor General's Office. A This part of Governor Worfliingtoii's Mes-l sage, together with the accompanying doc ments, on Iho subject of the northern boundary of the Stuto, were referred to a select committee, and on the 20th of January, 1818, thochair. man of tho committee, niad.o tho following re. port: "Tho committee lo whom was referred so much of tho Governor's Message ns relates to mo northern boundary of the State, report the following: "That tho northern boundary of the Stato of Ohio, adjoining tho Michigan Territory, having-been run during the last season, by order of tho General Government, it was ascertained that a lino running due east from the most southern ex. tremo ofLako Michigan, intersected the Minmi of thu Lake, several miles from its mouth, and Lako Erie somo distanco cast of said river; and it being provided by the Clh section of the 7th article of thu Constitution of this Stato, that if tho southerly extreme, or bend of Luke Michi. gan, should extend so far south, that if n Jino . drawn duo east from it, should not intersect Lake Eiie, or if it should intersect the said Lake, east of the mouth oflhoMiami ofthe Lnko, then, nnd in that case.with the assent of the Congress ofthe United States, tho northorn boundary of the State, ' shnll be established by, nnd extend to, a direct line running from the southerly extreme of Luke Michigan, to the most northerly capo ofthe Mi. ami Bay, after, intersecting tho duo north line from tho mouth ofthe great Miami river; thenco north cast, to the territorial line; which lino, from tho most northerly cupo of the Miamj Bay was also run, agreeably to the above recited pro. vision of tlio Constitution. Your committee are of opinion, that tho Congress of the United States, filly assented lo the aforesaid provision of tho Constitution of this Stale, in their acceptance of this Stato into tho Union, wilh their Constitution containing tho aforesaid provision. Your com. mittcc therefore recommend the adoption of the following resolution; Resolved ly Ihe General Assembly of the Stale of Ohio, That this General Assembly consider the lino running from tho most noitherly cape of tho Miami liny, westwardly, in a direction to tho most southerly extromo of Luke Michigan, till it intersects the line running due north, from Iho mouth ofthe Great Miami river, ns the north boundary of that part or the State of Ohio ad. joinin" tho Michian Territory." Congress proposed by their Act of 1803, to the peoplo of the eastern division of tha Territory north-west of tho rivor Ohio, to change the Northern Boundary ofthe eastern Stato, as defined in Iho Ordinance of 17S7. The Convention of the people, when mot for tlio purpose of forming a State Constitution, accepted that proposition of Congress, wilh a declarators and explanatory provision. Congress accepted the Constitution, wilh this provision, without exception. Tho Legislature of tho Stale formed hy said Cunstiliilioii, in bOi, by Ihcir resolu- lion, asked Congress lo have (lie line run ccor cl i n f to tlio provision in their Constitution; again, in 101), by another resolution, asked Congress to appoint a Commissioner to join with ono appointed by Ohin, lo run .this lino; and again, in 111, by a third resolution, urged upon Congress Iho necessity of having (hat line run. Congress, in compliance with (hese repeated requests, passed tho Act of (he 20th of May, 1812, declaring that tho Surveyor General, un-der the direction of Ihe President nf the United States, should be anthoriacd and required to cause to ho surveyed, mnrked and designated, f ,, . . , f ,M ' 7- , , .' , r i of t in ?SI:itA of ( )mn. n it vnlml it rrnm 1 .jL so much ol (ho western and northern boundaries ; rilories of Indiana and Michigan, after (he con scn( of tho Indians was obtained, as required oy sai.i ci. in mm, on tho suggestion of a member of Congress from Ohio, President Ma- dison, through .losiah .Meigs, (he Commissioner ul" 11,0 General Laud Office of tho United States, Jir(!C,:d the SurvoyorGeneral lo cngngo a faith. ful and skilluil deputy, to run nnd mark lbs said Sr,UZ 1''' n?rocaM ''e Pvi "ft1'0 "id Act of Congress; that the Surveyor (Jeneial , in ohedionco lo tho instructions of Trcsident Madison, did cngago Mr. Harris, who, i the Surveyor General stales lo he one ofthe most experienced and nccurato Surveyors: that Mr. Harris did, according to Iho instructions 1 n'om 11,0 Surveyor General, run Ihe Northern l P"n,ll"7 !'" between tho Stato ol Ohio and Michigan territory, in in strict conform ity lo Ins im.tmctions and in accordance wilh twnp' 110 maruou a ivuiuw as a corner) to tlx n"lhorl' extreme of Lnko .Michigan, until (ho "?mc ",,,?r'c,c.,i n d"" nnrh !'". " fm iptt Jf ...l-d il a, the north-west corner of the Staf. of Ohio. Tb field nnm. t,.. a-. r .i.;. jsurvoy, Mr. Harris reported to the Surveyor j General of tho Unitod States; tlio Surveyor rcpnrieu inem io mo Governor of Ohio; 1 Governor of Ohm submitted them to the .(tl ASSein.lly; lllO General AsSnmhlv X- ! 'hc 'n!""re'y. "1 UJ the rctolu-i ZiMZ thus Z7nd d nitZZ Northern Boundary of that part of tho Stats off in.:.. M- t . m ,. .... a v,,,,,,, ,iuj inning i no .uicaigan i orruory. YhilI moro cnuM be done! Congress proposed this! -orinern iiununry line. Tho Convention rs plied, thai if this east lin. run from tlio south cl'.". T.1 of 1 :,ta Michigan, will include! 111 , ,laya ' u io, tho .Miami liny, tbeif ,"Jn,uZ hlTu! I ,1 n""v 11,0 "or,lI da 0? he Simo of OI o .l,,VbJ I . Vu W (C-talinurd oi f. 'iHhnurt