Ohio State journal and Columbus gazette (Columbus, Ohio : 1825), 1836-03-21

              A fliw mUH metnul MONDAY, MARCH 21, 1S3G. PRINTED AND PUBLISHED BY SCOTT &, WRIGHT. No. 11, Vol. XXV Whole No. 1455. JOURNAL AND SENTINEL. J. II UMI ACHi:, UIITOIt. Oihctt on lltglMtreet, it'lcouil door south ot' Armstrong' Hotel. I'EltMS Two Uollur nmt Fifty Cuius, inadcauci, or Three Dollars, atthccml oftlio year. No sulmrrlln'r allowed lodis-continue wlille lie reinnlim inilelileil to the olticc. COLUMHUS, M Altai 21, 19:30. OHIO AND MICHIGAN. To the polite attention of tiiu Hon. John M. Clayton, of tlio United States Senate, we are indebted for a eopy of his report on tlie bill to settle the Northern Boundary line of tlio Suite of Ohio; which wo hasten to lay before our readers. It will bo recollected that this report ljcoived the unanimous concurrence of the committee on the Judiciary, of which Mr. Clayton is chairman. We have since received a second copy from the! IIoil T. Ewikoj and rceturn ihttiiks for both.J IN SENATE OF THE UNITED STATES. Mmcii 1, 1II.1G. Vr. Clayton inndc tlio fiillovvin;; report; wliicli wns rend, or ricred to lie printed, nnrl that o.UUU addilioiiul conio bo (ur-nlslicd for tlie use of flic Senate. The Committee oh the Judiciary, to whom were referred a bill to settle and establish the Northern Boundary line of the Stale of Ohio, and a joint resolution on the subject of that line, respectfully report: Thut shortly lifter the Lill mid resolution above mentioned were committed to thoin,-thoy proceeded togivo notice to members in the different branches of Congress from the States whose northern boundary could be utfectcd by their decision, and to the gentlemen claiming to represent Michigan as a State in this body, as well as the gentleman claiming to represent the people of Michigan, considered as a Stn'le, in the other House, thut'lhey would hear all they could respectively urge upon the consideration of the committee, in regard to any ol the questions now submitted by the bill and resolution. In consequence of thisnotieo, ull parties desiring it have been heard before tlio committee, and have been permitted to represent their own views in their own way. The annexed papers and documents contain all tlio written communioa-tions which have been addressud to your committee on the subject. The questions submitted by thcbill have been fully considered and decided by the Sou- -atc's Committee on the .ludiciurv, at each of the two last sessions of Congress. On these Severn occasions, the committee, though somewhat dil' ferontly constituted, reported unanimously in favor of a bill to settle the boundary line of Ohio precisely as tho bill now ruler red to us proposes: and on both occlusions their report was after much discussion in tlio Senate, adopted, such a bill having passed tins body at caeli session by a very large majority of its members. This bill was first reported on the 12th of May, 1834, and passed here by a vote of thirty to ton, on tho 5th of Juno afterward.; and, at the session of 1834-15, so decided was the expres sion of sentiment among tlio henators in debut that no voico was heard ugainst it on thu vote, and it passed without a division. At each ol those sessions this bill failed in the other House. Itnever passed through any stage thereat which n test vole could bo taken upon it; ami although it is supposed by many that a majority of that House in tho last Congress concurred in the views which had been taken by such large majorities of the Senate, yet your committee have no means of knowing any thing on that subject except from tho printed journals, which show us no more than wu havo already stated, that no vote was ever taken upon it by which the sense of that House could be ascertained. The two former reports of this committee were purposely drawn with the utmost brevity, nnd so as to ex press nothing moro Hum tho results at which, after a laborious investigation, they had unani mously arrived. I heir report, on both ocea- that "as a matter of right, tho State of Ohio lias acquired, and can rightfully exercise, jurisdiction on her northern border to tho lino as described in the latter clause of the proviso contained in the sixth section of tho seventh article of her constitution," It becomes necessary, therefore, in order to. prevent a misconstruction of their own views on this question, that your committee should present to tlie Senate their opinions in regard to it, and in connexion with it, it is impossible to avoid a brief discussion of all the principal questions involved in the reference. The stato of things, too, has changed. The warmth excited by the controversy has increased until that controversy has threatened the peace of the country; and it is now due to thu people of the United States that the principles upon which our conclusions havo boon based should be plainly laid before them. The act of cession of the 1st of March, 1784, by which Virginia authorized her delegates to convey to tho United States the territory northwest of the Ohio, contained a condition which, it was foreseen by Congress at the time, would, if unchanged, forever alter exceedingly embarrass the great object of the cession, which was, by the act of tho cession itself, defined to bo the laying out and forming the country so ceded into States containing "a suitable extent ofterritory.-" That condition was, that each oftlio States so formed should not bo less than one hundred, nor more than one hundred and fifty miles square, or as near this as circumstances would admit. (See 1st vol. Laws United States, 473.) Had this condition remained unaltered, Congress could have exercised no suitable discretion in the formation of new Slates out of the ceded territory, and the operation and effect of it must have been the erection of States of the requisite dimensions, without reference to tho natural features of the country. So that while one of the States established in pursuance of it would have been excluded from commercial facilities by embracing no important water-course whatever, another would have contained a tract of the same extent, one-half of which would, have been en tirely covered by 'water, und others would he improperly" divided bv lakes, rivers, and moun tains, or might contain too groat a proportion ol barren and uncultivnlile land. It was, therefore, foreseen, at the time, to bo absolutely necessary to avoid any terms in tho cession which should divest Congress of umplo discretionary power, so far as regarded the boundaries of tho States to be established. Moved by these considera tions, Congress did, on tho Gth of July, 178G. by resolution, recommend to tho Legislature ol Virginia to take into consideration their act of cession, and revise thosumo so far as to empower tho United States in Congress assembled to mako such a division of tho territory of the United States lying northerly nnd westerly of tho river Ohio, into distinct republican States, not more than five nor less than three, as the situation of that country and future circumstances might require. On thu 13th of July, 1787, tho "ordinance for tho government oftlio Territory of tho United States northwest of the river Ohio" was passed by Congress. Thi3 ordinance carefully reserves to Congress the exercise of reasonable discretionary power, both in reference to thu boundaries of the districts of which the territory might bo composed, and the limits of: the States which were to bo lorincd out of it. The fifth article of this ordinance is iu the following words: "Art. 5. There shall be formed iu the said territory, not less than three nor more than live Stales: und the boundaries of the States.assoon as Virginia shall alter her net of cession, and consent to tlie same, shall become fixed and established us follows, to wit: the western State in the sui I territory shall bo bounded by the Mississippi, the Ohio, nnd Wabash rivers; a direct line drawn from thu Wabash and Post Vincents, due north, to thu territorial line between daries of these States to the ".situation nnd future circumstances of tho country." Indiana and Illinois, for example, in this principle, having for their northern bou Hilary a line barely touching the southern -extremity of Lake Michigan, can never participate iu any of the commercial facilities which that vast sheet of water was designed to confer on all the people inhabiting its borders-, unless by the consent ot others. 1 lieir canals, railroads, and other avenues to the lake, must receive the approbation of another and a rival district of country, before theycan-establish such means of communication with the lake. Such was not ilia con.structioiiof the fifth 'article of tho ordinance adopted by the Congress which admitted Indiana, or the Congress which admitted Illinois into tho Union, Indiana was admitted into the Union on an equal footing with tlie original States, by the act of the 1 tli of April, .1810, tho second section of which establishes her northern boundary to be "an east and west line drawn through a point ten miles north of the southern extreme of Lake Michigan." It may bo properly added, as exhibiting tho sense of that Congress on the immediate question before us, that this very northern boundary lino of Indiana is, in the same section, continued easterly, until the same shall intersect the meridian line which forms the western boundary of the Slate tjf Ohio. (See Oth vol. Laws United States, C7.) Illinois was admitted into the Union on an equal footing with the original States, by the act of the I8th of April, 1810, the second section of which fixes her northern boundary by a line drawn west from the middle of Lake Michigan, on north latitude forty-two degrees thirty minutes, .to the middle of the Mississippi river. Fiy the report of Captain Talcutt, of the 2Uth of November, 1 33.1, which accompanies tho President's message of the Oth of December last, "the most southern extreme of Lake .Michigan is in latitude forty-one degrees thirty-seven minutes seven seconds north," which statement ho says he liolicves to "Ae true, to the nearest second.'1'' If tho construction of the ordinance of 1787, contended for by Michigan, be the true construction, Congress had no power thus to extend the boundaries of those States; and while Indiana must now surrender to .Michigan a largo portion-; ot six (lillerent counties on her northern border, Illinois must hereafter surrender to Wisconsin a tract of country containing her richest mineral region, and not surpasse'd for fertility by any I tract of equal extent in the West, embracing the whole tract lying between Lake Mioliigunandthc Mississippi, and between latitude forty-one degrees thirty-seven minutes seven seconds north, and latitude forty-two degrees thirty minutes north, a tract supposed to contain more than ten thousand square miles; while both States must yield their own most important facilities for commercial intercourse through the lake, to a new State, nearly surrounded on all sides by vast sheets of water, being every where, except on her southern border, bounded by lakes and the streams which connect them. Without dwelling upon thu consequences which must irresistibly How from the ndoption of a principle denying the power of Congress tucou-II rm the boundury of Ohio, as proposed in her State constitution, it may be sullicient to observe that one of these consequences will be, that the Stato to be formed out of the territory north of the east and west line drawn through tho southerly extreme of Lake Michigan, and west of that lake, a part of which territory is now called Wisconsin Territory, being the last Statu which can be formed iu the northwestern territory un der the ordinance of 1787, will bo entitled to admission into the Union bv Congress, on an equal footing with the original States in all res pects whatever, "whenever it shall have sixty thousand free inhabitants therein ;" and the very population of Illinois, residing on that part of this territory lying north of the cast and west the United Slates and Canada; and by thu said I line above referred to, must lie taken into the territorial line to the Luke of tho Woods und i estimate of the "sixty thousand free inhabitant.' Mississippi. The middle Slate shall he bounded . therein." And. unless the State of Illinois shall sions, merely declared their satisfaction with two propositions, which were all that it became necessary to decide in order to pass tho bill. The first of these was, that Congress had'powcr to settle and establish tho boundary as proposed; and the second, that it was expedient so to settle jjntid establish it. Thosu propositions involved a great niuny considerations, which were fully examined and discussed iu the written arguments of tho parties concerned; to which arguments tho committee referred as a part of their report Tho coinmittco designedly avoided entering into any detailed reasoning nOhoirowu in these ru ports, chiefly becuuso they desired that every Senator should road thu arguments on both sides of tho question, without uny prejudice, to tho cllbct of either of them on his mind, caused iby a previous perusal of nu elaborated report from them to reluto it; niul tuny .woro induced to cherish and indulgo that desiro by the pecu- -e .i:rr. : .I..,- a liar Ulliureilw 111 mu siiiitiuuii ui ultinu iiiuii ' called tho partios to tho controversy. Michigan, L as a Territory, was represented to be one of those. She was without any representation in rl the Senate, as a Stato, and the decision of the ' committee was onanist the pretensions set up in 1 hor behalf. Ohio, Indiana, and Illinois, all either immediately or by consequence, interested in tho determination of tho question, wero fully rcprosonted iu both Houses of Congress, and ready to vindicato their title to the boundary lines by them respectively claimed. While, therefore, tho coinmittco declined entering the field of disputation with an argumentative report when deciding tho questions submitted, they con tented themselves with pcrlorinmg tlio duty ub solutcly enjoined upon them, by the simple dec larntion ol their unanimous opinion; nnu laid before the Senate, in connexion with it, every areumcni, on both sides of tho question, which cither party had chosen to present, to enable all othors to arrivo at a fair' and impartial conclusion.This committeo is now composed of members, somo of whom wero not members of it tit any time during tho last Congress, when tho reports already referred to wero made. Wo havo stated tho manner in which wo havo heard tho parties to tho controversy. Wo havo examined the whplo subject as fully us wo aro capable of ux- amimng it, and we have arrived at tho same con elusions with our predecessors. by the said direct line, the Wabash, from Post Vincents to tho Ohio, by tho Ohio, by a direct line drawn duo north from the mouth of the (Ircat Miami to tho said territorial line, and by tho said territorial line. The eastern State be dismembered, the same poplution must be represented iu Congress both from that State ami tho future Stato of Wisconsin, and lie subjected to the concurrent jurisdiction of both Slates, however their lucal laws or State constitutions shall bo bounded by the last-mentioned direct j may clash with or dill'er from each other. For line, tlio Ohm, Pennsylvania, and the said tern-1 torial 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 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 cast an 1 west lino drawn through tlio southerly bend of Lake Michigan. And whenever any of tho said States shall have sixty thousand frco inhabitants therein, such State shall bo admitted, by its delegates, into the Congress of the United States, on an equal foot ing with the original States, in all respects whatever; and shall be at liberty to form a permanent constitution nnd State government: provided the constitution and govcrninoit so to bo the same reason Michigan must take not only from Ohio, but from Indiana, all the tract of land lying north of this east and west line, and cast of Lake .Michigan, a large part ot which is within the limits assigned to Indiana by the act admitting her into the Union ; or the people residing on that part also must have a double representation in Congress, and bo forever subjected to different codes of Slate law, and systems of Stato policy, which no power can ever control or reconcile with each other. To the judgment of your committee, nothing is more apparent than the correctness of the principle which Congress has thus twice, in the most solemn manner, decided. l!y tho terms of tho fifth article of tho ordinance of 1787. tho three States designated as the western, middle, The first section of tho act of the 30lh of April, 1802, providing for the admission of Ohio into tho Union, authorizes the inhabitants of the whole eastern division of the territory northwest of tho Ohio "to form a State government," and, if it had been uncontrolled by the second section, would have provided for tlio admission of the entire division into tho Union as a Stato. This would have embraced not only the disputed territory, but the best half of all Michigan. Then the second section, containing that very boundary which is claimed to bo irrevocable by Congress itself, provides "that Congress shall be at liberty at any time hereafter, either to attach all of the territory lying cast oftlio lino to bo drawn due north from the mouth of the Miami aforesaid to the territorial line, and north of an cast and west line drawn through the southerly extreme of Lake Michigan, running east as aforesaid to Lake Eric, to tho aforesaid Stato, or dispose of it dtherwiso in conformity to the fifth article of compact between the original States and the people! and States to be formed in the territory iior'Vvest of tho river Ohio." (See 3d vol. Laws U. S. 490.) 1 he third section of tho sumo act also provides "that all thut part of the territory of the United States northwest of the river Ohio. heretofore included in tho eastern division of said territory, and not included within the boundary herein prescribed fur the said State, is hereby attached to and made a part of the Indi ana Terriory, from and after the formation of the said State, suhccl nevertheless to be here after disposed of hy Congress, according to the rightreserred in the fifth article of-the ordinance aforesaid." liy the second section of the act of the 19th ol April, 181G, fixing the boundaries ol Indiana, it is expressly provided "that tho convention thereinafter provided for, when formed, shall ratify the boundaries aforesaid; otherwise, theij shall be und remain as now prescribed by lit ordinance jor the government oj the territory northwest oj the nrcr Ohio. Hud this conven tion refused to ratify the boundaries proposed, this act gave the wholu territory, descrilied as tho middle State, in the ordinance, to Indiana, and it lias actually been within the power ol' Indiana to take tho whole, though she has been contented witha part ol it. i ho same provision and in the very same words, will- be found in the act of the 10th of April, 1818, providing for the udmission of Illinois into the Union, und it has been within her power to refuse to ratify the boundaries mentioned iu tho second section of that' act. in which event the net gave her the whole of tho northwestern territory, primarily lescrilied m tho ordinance as the western Stale. Such is tho plain construction of these acts, whatever may have been tho design ol those who passed them, and the power to puss thorn is, we think, expressly conferred by thoordinance. That wo have not mistaken the intention of the Congress which formed the ordinance will wo think, also be made apparent by a reference to tho journal ot their proceedings on the passive of tho resolution recommending to tin State of Virginia so to alter her deed of cession as to allow tho division ol the territory into Slates, "us thu situation of that country nnd fu ture circumstances might require." ror thu nurnosc wo present tlie lollowing extracts irom the journal of the old Congress of "Friday, Julv 7, 1780'." Congress took into consideration a report of a grand committee, to whom, among other thins, was referred a motion of Mr. Monroe, respecting the cession of the western territory, and forming tho same into States; an;! the committee having submitted that it be "AVWivi, That it bo recommended to the Legislatures of Massachusetts and Virginia to take into consideration their nets ol cession, ant revise the same, so far as to empower the Uni ted States, iu Congress assembled, to make such division into States ol the ceded lauds and tern tory 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 lormed into n nuinlior ol States not less than two nor more than live, to be ad mitted into tho conledoracy on the principles. mil in the forms heretofore established und pro vided. A motion was made by M r. G ray son, seconded by Mr. Lee, (both of Virginia ) to postpone the consideration of the same, iu order to take ui tho following: "That it bo recommended to the Slates ol irguiiaand .Massachusetts, so to alter their acts of cession, as that the Slates in the western territory may bo bounded ns follows division of the country, somo of the new States will bo deprived of the advantages of navigation, somo will be improperly intersected by lakes, rivers und mountains, and some will contain too great a proportion of barren, unimprovable land; and of consequence will not fin- many years, if ever, have a sullicient number of inhabitants to form a respectable government, and entitle them to have a scat and a voico in the Federal councils. And whereas, in fixing the lands and dimensions of thu new States, due attention ought to bo paid to natural boundaries, and a varitty of circumstances which will be pointed out by a more perfect knowledge of the country, so as to provide for tho future growth and prosperity of each State, as well us for the accommodation and security of the first adventurers; in order, therefore, that the ends of government may be attained, and that the States which shall be for med may become u speedy mid sure accession of strength to the conlederucy 'Jles'ilccd, That it be, and it 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 niirl;6 such a division of tho territory of tho United Slates lying northerly and westerly of the river Ohio, into distinct, republican Stales, not more than live, nor less than three, as tho situation of that country, and future circumstances may require; which States shall hereafier become members of the Federal Union, and shall have the same rights of sovereignty, freedom and independence. us theorigi- nal States, iu conformity with tho resolution of Congress. of the lOthol October, 1780." From this it clearly appears that a proposition toestablisli the east ami west line running through the most southern part of Laku Michigan, as an arbitrary nnd unalterable boundary between the Stales north and south of it, was voted down by that Congress. That construction of the or dinaire which denies tho power to sottlo the linens proposed iu the bill, is thus repudiated by the fact, that the trainers of that ordinance rejected a motion to make it the very instrument which, on the part of .Michigan, it is now claimed to be. The preamble to the resolution which was adopted, and which led to the article which it is our duty to construe according to the design of its authors, shows that, to have established un Arbitrary linebv which Indiaiiannd Illinois would have been "deprived of the advantages of navi gation, ' and Ohio ol the outlet ol that river, destined to bear the principal part of her products to and from Laku Erie, thus overlooking the attention "due to natural boundaries, and a variety of circumstances w hich remained to bo pointed out by a more perfect knowledge of the 00111111')'," would have neon inconsistent with tlieordinanee. Atid now, after tlio lapse of nearly fifty years, we look wick upon llie vote ol this day, in con sequence of which the arbitrary line was rejected, mid the discretionary power ofCongressovcr this very boundary was obtained, as an evidence of wisdom in that Congress, which is entitled to our highest admiration. Their general predic tion, that circumstances would be pointed out by a mure perfect knowledge of thu country, requir ing tho power lo i-hruige the boundary, hits been completely lullilled by the discovery, within the ast twenty-five years, of the true location of the southern limit of Laku Michigan, which entirely changes the actual position of the principal line which they had, and we now have, underconsideration. It is contended that the people of Michigan have acquired, by an uct of Congress subsequent to the ordinance, a rested right to all that part of the .Northwestern Territory "which lies north of a line draw n east from the southerly bond or extreme of Lake Michigan, until it shall intersect Lake Uric, and west of a lino drawn from the said southerly bend through the mi Idle of said lake toils northern extremity, and then due north to the northern Imu ud-try of the United States." These, it is said, are the boundaries, and this the territory given to them by the net of Congress passed thirty-one years ago, estab lishing the Territorial Government of Michigan. The net relcrrcu to isinatoi 1 1111 January, liiuo. (third volnmo Laws United States, 632,) "to di vide tlio Indiana lerritory into two separate governments." The very section iu that ucl which prescribes these boundaries, declares that thev are marked out lor the more purpose ol temporary government. Nothing was further frnn the design or language of Coiigress.than to givi them any such rln right to the boundaric mentioned in this act. A vested right is 1111 ir I'cpoalahlo right; and it would havo been not there shall bo three Stntes between the Ohio only inconsistent with the design ol n territorial 1 . . , , 1 - . . . 1 i 1 1 . .1 . . 1 . 1 nnd a line running uuo east irom 1110 .Mississippi 1 government w men was expressly ueciarcu 10 ui to the eastern boundary of the United Slates, so as lo touch the most southern pari if Lake Michigan. The Stato lying 011 the Mississippi shall temporary, Ui give to the country over w hich 1 was to exercise jurisdiction, metes and bounds which could never be changed, even with tli be separated from tho middle State by u lino I'hungoofthatgovernment itself.but it would hav running due north from tho western side of the. been equally inconsistent with the whole spirit of mouth of the abash river until it intersects the said cast line; the middle Stato shall bo separated from tho others by the aforesaid line, and a lino running also duo north from tho western ; the limits set forth and established in it, acquired .. . .1- 1.., ... ..-m.i . . . r I I . . I . .- side til llie iiiouiu 01 uie mg Miami, tin mo in- inu rignt.i) unien no numan iriounai cauia unesi tho ordinance. The principle asserted is, that the day upon which that law wasapproved by the President of the U nited States, the people within formed, shall bo i-enublican.and in conformity to and eastern, worn to extend north to the territo- the principles contained in theso articles; and' rial line; but Ihuro is nn express reservation of 1 terscclion thereof with tho said east line; nnd them, without their men consent, whcncccr thcyal so far ns it can bo consistent with tho general authority to Congress to alter their boundary so ' the other Stato shall bo divided from tho middle ' taincd, within those boundaries, the population de interest of tho confederacy, such admission shall j far as to form nno or two "States in that part of Slate by tho said line, tho said cast hue, Like ; signaled by the ordinance, lo become a Sla'e, lo be allowed at an'earlier period, and when there the said territory which lies north of an east and Erie, tho bounds of Pennsylvania, the othcr'unii a Stale Government, and lobe admitted as may be a less number ol true inhabitants 111 ai west line drawn through the southerly bend or , original Mates, und UI110. lucre shun be a; such inio la" L mon. rsca jiocunicni .-, pagt State than sixty thousnni It will bo seen, from the language of this article, that it expressly contemplates that Virginia will alter her act of cession 011 the subject of I to tho territorial or Canada line: nav, the or boundaries, iu pursuance of the previous recom-j nanco provided that it should bo so extended, mendation of Congress. Iu this, tho frnmorsof unless Congress should find it expedient to alter tho ordinance wero not disappointed. On the this provision. Illinois, Indiana and Ohio wore 30th of December, 1788, the Stato of Virginiu' all thus laid out by the ordinance as Stales to cx- eoinplied with the recommendation of Congress, 111 tho most satislactory manner, by an act ratifying and confirming tho fifth article of the ordinance abovo recited, which thus became a part of her own act of cession. Such is tho history of the means which wero adopted to remove im provident nnd arbitrary restrictions upon tho power of Congress in fixing the limits of tho new States to ho formed in the territory northwest of tho Ohio, of which the States and Terri tory now claiming nn interest in this controversy, as to boundaries, then constituted a part. Put if it lie true that Congress had no power to extend tho boundaries of Illinois, Indiana, nnd Ohio, which aro the western, middle, nnd cast-cm States referred to in tho ordinance, "north of tin east and west linodrnwnt!ir-uah thesfiuth- extrenioof Lake Michigan." Stale between tho said cast hue, Lake MiclugHU, 2.) If this be true, then and upon the same Tlio territory of Ohio was within tho eastern Luko Huron, nnd the Straits ol Mielnliniacki- principle, the people ol every oilier territory State. Congress then had power to extend Ohio1 nack fund another between the said east line, which has been established by n siinilaract, have ... ... . .. .1 r I ... . ! .1.11. . . I . t . -I. , -I'l. the Liituos .Micmgan anil nupurior, aim tne oouii-i ncuuircu uie suine ngm. 1 11ns tin; net 01 tne dary lino of the United States und the river Mis- 7lh of May, 1 800, "to dividu tho territory of the sissippi: to bo added to tlio confederacy on the United States northwest of tho Ohio into two principles und in the forms heretofore established separate governments," constitutes, for tho pur-and provided," ' I poses of temporary government, a separate tcr- Anil on the question to postpone for the purpose ritory, to be called the Indiana lerritory, assigns ahuvo mentioned, tho yeas mid nays being re- it delinilo metes and hounds, while it guaranties uuired by Mr. Grayson, the States ol Maryland,! to till tho people ol the territory the same rights Virginia. Xorlli Carolina, Georgia and Rhode nnd privileges which were seen red to the people Island voted in tho ullirmiitive; New Hampshire, of Michigan by the act of tho 1 1th January, 1805. Massachusetts, Connecticut, Now Jersey nnd. nnd in the very same words; and if by force of But tho resolution now submitted to us, 111 erly liond or extreme ol J.nko .Michigan, these connexion with tho bill, presents ti new question, I measures havo not conferred upon Congress the which this conimittoo has novor boforo deter- discretionary power which they woro anxious mined. It assorts, in the most unqualified terms, to acquire, lor tho purpose ol adapting tho boun tend to tlio territorial line; but it was also provided that Congress might layout one or two States "in" (not, as the ordinanco has sometimes been misquoted. "011! of") that part oftlio territory north of the cast und west line referred to. A power to form one "or two States in a territory'''' is not to bo restricted, without the grossest violence to all tlji) rules ot construction, to a mere power to form 0110 or two States out of that territory. The latter is a power only to divide the whole territory into two States, or form 0110 of it all; the former is a power to select any portion of that territory for tho purpose of forming 0110 or twoStates. and then of nssigningcither tho whole so selected to one Stato or dividing it between two. The power here given to nssign all the country north of tho east and west line to three Stales primarily designated in tlio ordinance, em braces tho power to assign any part of it to them, and it is evident that Congress has always so un derstood it Pennsylvania voted in the negative, nnd .New York, and South Carolina were divided. The votes on each side being equal, the motion w as lost. The resolution offered by the committeo being then amended, liunlly passed on the same day, with a preamble, as follows, viz. "Whereas, it appears from the knowledge al ready obtained of the tract of country lying north west ol tho river Ohio, that the laying it out and forming it into States of the extent mentioned in the resolution of Congress of the lOlh of Octo ber, 1780, and in one of the conditions contained in tho cession of Virginia, will bo productive of many and great inconveniences; thut by such n these provisions on the 7lh dy of Mav, 1800 when that law establishing the Indiana lerrito ry wasapproved, the pooplu within the limilssi forth and described therein acquired a estc right, whenever lliey attained, wiltiin these Imuu daries, the requisite population to ln-coine a Slati to form a Stale tiovernmeiit, und to he admiltc-into the Union. thi-n all the subsequent legisb tion of Congress on the subject has In en in viola lion of that right. and none more so than iheverv law establishing the Territory of Michigan itself which, upon the pruu-inl,' asserted, lias taken away vested rights from nil the popple of tin whole territory, and conferred dill'eiout and in compatible vested rights upon the peoplo of Michigan alone. So, too, the uct of the 30lh of April, 1802, which assigned a territory to the State of Ohio, in tho third section, attaches the eastern division of what is now culled tho Territory of Michigan to the Indiana Tor ritory, and makes it a part of it, while it also guaranties to the inhabitants therein the same privileges and immunities secured by the subsequent act under which Michigan became a Territory and now claims these vested rights. Thus, by the operation of the two acts, of the 7th of May, 1800, and the 30th April, 1802, all the Territory of Michigan was attached to and became a part of Indiana Territory. According lo the argument employed how, the people of Michigan had first acquired, together with ull the other peoplo of Indiana Territory, a vested right that the whole Territory of Indiana should be formed into a State, when there were sixty thousand free inhabitants therein; nud they now have acquired a separate vested right, that when Michigan alone has the same number ol'iiihabitaiits, she shall bo a State established with totally dilfurent boundaries. The consequence of considering the establishment of a mere territorial government, avowedly for a temporary purpooe, as giving a right to tho people, within its temporary limits, to form a ytuto G'oveniment whenever they have sixty thousand free inhabitants therein, without uny power in Congress to change one of its boundaries, will bo shown to be inconsistent with all tho received opinions on the subject, and especially with the doctrines of Congress, by considering for a moment what is now set up; that each of the Territories established subsequently to the first act of this kind, hastrenched upon the pretended vested rights, secured by every uct preceding it, although vested and irre-pealab'e rights arc, by the course of this argument, necessarily supposed lo have been conferred by each preceding uct establishing a Terri tory. The truth is,ulthough it is.most manifestly expedient and for the benefit of our wholo country, as well as that of tho people of Michigan, that this territory should, with proper boundaries, Ik; formed into a State; yet there is nothing, either iu the ordinance or any law of Congress, to prevent Congress from annexing tho whole territory to Indiana and Ohio at any moment before the assent of Congress to a Stato constitution proposed for .Michigan by tho people of thu territory. On the contrary, the lan- , guagc of the ordinance clearly confers this right upon Congress us we conceive, and tho uct admitting Ohio into tho Union recognizes it, while it expressly reserves thij, power to attach that part of the territory which is north of her lino to that State. We think, therefore, that it is true, as is asserted in the argument iu behalf of Michigan, that "Michigan has no cuusc of disagreement with Indiana, that cannot be adjusted by Congress." For tho same reasons we think it is true, that Wisconsin can have no cause of disagreement with Illinois, which cannot be adjusted by Congress. Is there, can there be, any similar cause of disagreement between Ohio and Michigan, which cannot be adjusted by Congress?The sixth section of tho seventh article of the constitution of Ohio contains acopy oftlio boundaries of that Stute. us laid down iu the second section of the uct of the. 30th of April, 1802. By Ibis section, all tho boundaries of thu State wero permanently established except the northern boundary, which, ns it has been seen, was by express reservation liable to be entirely changed at any time thereafter "bv the addition of thut part of the Territory of Michigan lying cast of thu line to be drawn duo north froln the mouth of the Great Miami to tho territorial line, and north of an cast and west hue drawn through tlio southerly extreme of Lake Michigan, running cast as aforesaid to Lake Erie, to the aforesaid State. I hu section ol thu constitution ol Ohio ulmvc referred to, contains tho following provi so: "Provided, always, and it is hereby lully understood and declared by this convention, thut, if the southern bend or extreme ol Lake Michigan should extend so far south, that a line drawn hie oast from it should not intersect Lake brie, rt-. II-. . -II I ,,- or 11 11 should mierseci inu sum L.iiKe nnc casi of the mouth of tho Miami river of thu Lake, then, and in thai ease, with tho nssent of the Con- grcssofthe tinted States, the northern boundary of this State shall he established by, ami extended to, a direct lino running from the southern extremity of Lnko Michigan to tho most northerly cape of Miami bay, nflcr intersecting tho due north line from Iho mouth oftlio Great Miami, thence northeast to the territorial line, and by the said tentorial line to the Pennsylvania line." This proviso proposes the boundaries contended for by Ohio. They arc tho boundaries fixed in the bill and descrilied ns "established by a direct line running from the southern extremity of Luko Michigan to the most northerly cuc of the Miami buy; thcaco northeast lo tho northern boundary of the United States; thenco with said line to the Pennsylvania line." I his was, in tho view ol Ohio, therefore, to lie her northern boundary if Congress assented,' upon the ascertainment of cither one of tho two lollowing geographical tacts, vix: 1st. "ll the southerly bend or extreme of Luko Michigan should extend so far south that a lino ruwn due cast from it should not intersect Lake I'.ric." 2d. "Or if that lino should intersect tho said Lnko F.ric rast of thcniouth of tho Miami river oftho Lake." Iu cither of these events t'.:u people of Qiiio declared this lo be her boundary, with tho Hswnt of tho Congress of the United States, atul 1hcy so declared it when thev assented to become members of tho Union. It was a part of thfir verv proposal to join tho Union, cud wn uccopt- ed the irWe proposal. Tlie geographical fact required to be ascertained and long behoved to exist, is now officially ascertained and communicated to Congress by tho President in his mes sage of the Oth of December last, transmitting the letter ol Captain lalcott, of the errffiftw dated .November ".), 1U.J5. Captain lalcott re ports that "the north capo oftlio Mainnec bay is in latitude 41 degrees 41 minutes 7 seconds, north,' and "the most southern cxtromo of Lnko Michigan is in latitude 41 degrees 37 minutes. 7 seconds north." Wo regard it as certain, therefore, that the southerly bend or extreme of Lake Michigan extends so far south, that aline drawn due east from it, if it can intersect Lake Frie any where, must intersect it east of the mouth of the Miami river of the hike. Tho map exhibited by the cncincer.nnd sketched by him, shows that tin) line strikes tho shore of tha lake in west