before Congress for consideration. It was decided that the formation of the territory into States, with boundaries specified in the resolutions of October 10, 1780, April 23, 1784, or the act of cession of Virginia of March 1, 1784, was impracticable. On the 7th of July, 1786, Congress passed a resolution asking from Virginia an alteration in her act of cession of March 1, and suggested it be more in accordance with the deed of cession made by that State December 20, 1784. This deed among other conditions, states that "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 fifty miles square, or as near thereto as circumstances will admit, etc. The preamble to the resolution of Congress of July 7 states that "WHEREAS, it appears from the knowledge already obtained of the tract of country lying north-west of the River Ohio, that the laying it out into States of the extent mentioned in the resolution of the 10th of October, 1780, and in the conditions contained in the deed of cession by Virginia, will be productive of many and great inconveniences. * 帶 In order, therefore, that the ends of Government may be attained, and that the States which shall be formed, may become speedy and sure accessions of strength to the confederacy: therefore, 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 into distinct Republican States not more than five nor less than three, as the situation of the country and future circumstances may require." * * On the 13th of July, 1787, Congress passed the "Ordinance of 1787" for the Government of the North-west Territory. This ordinance is in the nature of a compact between the original States and those that might be formed within the territory, irrevocable, save by the consent of both parties. It is therefore the constitution or fundamental law of the territory. Anticipating that Virginia would accede to the request made in the resolution of July 7, 1786, article 5, of the compact of the ordinance declares that Vol. IV-9 "There shall be formed in the said territory, not less than three nor more than five States, and the boundaries of said States, as soon as Virginia shall alter her deed of cession and consent 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 Wabash Rivers; a direct line drawn from the Wabash and Post St. Vincent 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 St. Vincent 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. 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 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 said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan." * * By the year 1800 the territory contained a sufficient number of inhabitants to justify a division for Government purposes, and on the 7th of May, Congress passed "Act to divide the territory of the United States, north-west of the River Ohio, into two separate Governments." This act provided that "From and after the fourth day of July next, all that part of the said territory which lies to the westward of a line beginning at the Ohio, opposite the mouth of the Kentucky River, and running thence to Fort Recovery, and thence north till it shall intersect the territorial line between the United States and Canada, shall, for the purpose of temporary Government, constitute a separate Government, and be called Indiana Territory." Section 5 of this act provided that "Whenever that part of the said territory which lies to the eastward of a line beginning the mouth of the Great Miami River and running at due north to the territorial line, shall be erected into an independent State * *** said line shall become and remain permanently the boundary line between such State and Indiana territory, any thing in this act to the contrary notwithstanding." This civil division line simply followed the "Greenville Treaty Line" from the Ohio River north-easterly to Fort Recovery from whence it passed north to the Canadian line. It was never surveyed, at least no record of or reference to such a survey can be found. It was not intended to be permanent and in less than three years was superseded by the line established by the ordinance of 1787. In October, 1798, Israel Ludlow, a deputy United States surveyor, began the survey of Congress (Government) lands north of the Ohio River, lying between the Greenville treaty line on the west, and the Symmes' purchase and the Virginia military district on the east, under the act of May 20th, 1795, under which act all Congress lands were then surveyed. Under this authority Mr. Ludlow and his assistants began their work October 11, 1798. The survey was continued, subject to many interruptions from Indian troubles, state of the weather, etc. (little, if any work being done in the winter). The township boundaries seem to have been completed about 1801, but it was several years. before the subdivision could be made. The field notes of this survey, now preserved, note the first meridian; the western boundary of the eastern division of the north-west territory, the present western boundary of Ohio. This was used as a base line, and the township survey made east and west from it. The ranges were numbered east to the Great Miami River (Symmes' western boundary), and west to the Greenville Treaty line, which, will be noticed, is the civil division line already explained in this report. The subjoined field notes are those of Mr. Ludlow's survey and are herewith attached and made a part of this report: |