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of the General Assembly of the State of Ohio, in these words. to wit: Whereas,
The Northern Boundary Line of this state is unsettled, and has never been ascertained; and as it is generally believed, an east and west line drawn through the southerly extreme of Lake Michigan, running east after intersecting the due north line, will not intersect Lake Erie, or if it should intersect the said Lake, it will be at a point east of the Miami River of the Lake.
Resolved, by the General Assembly of the State of Ohio, That our Senators and Representatives in Congress, be instructed and required to use their influence to obtain the passage of a law to, ascertain and define the Northern Boundary Line of this State, and fix the same agreeably to the proviso contained in the sixth section of the seventh article of our Constitution.
Speaker of the Senate.
Speaker of the House of Representatives. July 27th, 1807.
Again, in 1809, we find another preamble and resolutions passed by the General Assembly, on the same subject.-Whereas, great inconvenience has been, and is daily accruing, 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 endeavours to have a Commissioner 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 Boundary thereof.
Speaker of the Senate.
Speaker of the House of Representatives. Two important facts are here presented, as will be seen in those resolutions: the first, that Ohio asked for the line to be run and settled, according to the proviso of her Constitution: and secondly, that Ohio claimed, in 1809, the right of assisting in run-. ning this line, which was to define our northern boundary; and, it may be remarked that the law of Congress of 1812, authori-. zing the President of the United States to have this line run,
was the result of the Resolutions of 1809 and 1811, and that Mr. Harris, was accordingly ordered to run the same, by Mr. Tiffin, the Surveyor General, in conformity to the proviso of the Constitution; which was accordingly accomplished by him in 1817, and to which Ohio now claims as her northern boundary.
The next notice we find taken of the subject, was by the General Assembly of Ohio in 1811, and is in the following words, &c.
Whereas, the northern and part of the western boundary lines of this State have never been run and designated, and considerble settlements have been made on those parts of the United States' lands, ceded by the Indians, near the Rapids of the Mi. ami of the Lake, and the people of those settlements do not know under whose jurisdiction and government they live; the Governor of Michigan Territory, having appointed magistrates, and exercised authority in those settlements, and the President of the United States having appointed a collector to reside at the said Rapids, and describing the place as in the State of Ohio, within the limits of which, it is believed those settlements are, and many future serious inconveniences being apprehended from the uncertainty of those boundary lines: Therefore,
Resolved, That our Senators and Representatives in the Congress of the United States, be requested to use their exertions to procure a law to be passed by Congress, providing for running and designating the northern and western boundary lines of this State, and to take such other means, as they shall find necessary, to accomplish the above mentioned object.
Speaker of the Senate. THOS. KIRKER,
Speaker of the House of Representatives. December 21, 1811.
In the year 1818, we find a resolution in the following words: Resolved, by the General Assembly, &c. That this General Assembly consider the line running from the most northerly cape of the Miami Bay westwardly, in a direction to the most southerly extreme of Lake Michigan, till it intersects a line running due north from the mouth of the Creat Miami river, as the north boundary of that part of Ohio adjoining the Territory of Michigan.
January 29th, 1818.”
In 1820, we find another resolution of the General Assembly, asking that the northern boundary line of Ohio be run and estaba lished, according to the proviso of the Constitution, and from that
time to the present, the efforts of the State have been unremitting to obtain the action of Congress upon the subject.
But it is said that Ohio, by memorialising Congress-has surrendered her claim as set forth in the proviso of her Constitution
or that she has tacitly admitted that it is a doubtful one. From the resolutions of the Ohio Legislature already quoted, we have also disproved this charge; for Ohio in no instance asked for any new boundary to be establi hed, but for a line to be run according to her constitutional proviso, which designates the points at which the boundary line shall commence and terminate. The propriety of this course on the part of Ohio is readily perceived by a moment's reflection—for although the points were designated and settled, those who were settling that region between the points, could not determine whether they belonged to the State of Ohio, or Michigan Territory-Ohio only called upon the Congress
of the United States, to exercise. the only remaining power which was to be exercised by her on this subject, and that was to run the north line as she agreed to do when she accepted our constitution. This Ohio had a right to expect and to assist in doing, or to do herself if Congress refused, as is intimated inher resolution of 1809.
Your committee, after having examined into the proceedings of the Ohio Legislature upon the subject, up to the last session, perceive that Ohio has assumed no attitude but that of the most forbearing and conciliatory character, which, as strange as it may seem, has been tortured into a surrender of her rights.
Your committee feel, from all which they have been able to gather, in relation to this controversy, that when the appeals of Ohio have been disregarded and unheard by the only party, with whom she is in collision, if at all, it was but natural to expect that she would proceed to adopt more effectual means to secure her rights.
The course of Michigan as the tenant or ward of the General Government during every phase which this controversy has assumed, should be noticed. What was her course after the running of Harris's line? She, through Mr. Cass, without any subsequent law or order from Congress, after Ohio had assented to that line, by a resolution of the General Assembly, procured the running of Fulton's line-notwithstanding the Surveyor Genəral declared that Harris's line was the northern boundary of Ohio-and thus (while Mr. Cass was Governor of that Territory) extended her jurisdiction over the territory of Ohio, by means as insidious as unjust. What let us ask was her course last winter? While the question was pending in the Congress of the U. States, and after the Senate had passed a bill favorable to the line claimed by Ohio; and before ‘Ohio had intimated the course she would pursue in
running and re-marking of Harris's line, and extending her ju
case her claim was rejected. Michigan, by her Legislative Council, passed a law making it highly penal for any person who should exercise, or attempt to exercise any official functions, or should officiate in any office or situation under the laws of Ohio, within any part of the territory over which she had thus assumed jurisdiction.
But now, to evince her liberality, she has, through her Convention, made a proposition to Ohio, upon certain conditions to permit the line to be run. To this proposition Ohio cannot accede, coming as it does from a body possessing no powers of legislation, and the conditions being incompatible with the rights of Ohio. The language is--you may run the line, but you must forever forbear the exercise of jurisdiction.
To shew the feelings and the course of Michigan, the Committee would refer to the result of the efforts of the Commissioners of the United States, Messrs. Rush and Howard, to make a temporary adjustment of the difficulties. They made a proposition to the Executive of Ohio and to the Acting Governor of Michigan, in substance, that the line should be peaceably run, and that until Congress should have an opportunity of acting upon the subject, no criminal prosecutions should be encouraged. In what spirit was the proposition received? By the Executive of Ohio it was at once accepted : by the Acting Governor of Michigan it was promptly rejected; and those Commissioners were compelled to return without accomplishing the object of their mission; by the refusal of Michigan to acquiesce in the course by them recommended.
Assurances were made also to the citizens residing on the disputed territory, by the U. S. Commissioners, Messrs. Rush and Howard, that no interruption should take place in carrying into effect the laws of Ohio; and in consequence of such assurances the citizens were entirely unprepared to defend themselves against the acts of Michigan, by reason of which several of them were abducted, and the females of their families left unprotected and alone, and in many instances insulted.
Ohio, after finding that Congress would not act upon the subject, and after the act of Michigan referred to determined to assert her own rights on the subject of her Northern Boundary. Accordingly the law of the last session passed, authorizing the
risdiction over the territory to that line; and it is in reference to the execution of this law, that the message of his Excellency the Governor has directed the attention of the Legislature. In this communication are to be found facts, in relation to the course of Michigan preventing the citizens of Ohio from peaceably discharging the duties due from them to her, that
ought and would, under other circumstances, place a stain upon the character of that Territory, which years of chivalrous action could not obliterate. We know that she has attempted to parry the consequences of such a course by appealing to the people of the Union, by placing Ohio in a menacing attitude upon the disputed territory, brandishing with her giant arm the weapons of torture and of death to terrify her into submission.
From all this we dissent, and appeal to the facts of the case to furnish the most triumphant vindication of our course. To these facts Ohio appeals, to show who proceeded to the disputed line with the weapons of death, and attempted to make them do their office.
Ohio has arrived at that point, in the opinion of your committee, when nothing remains for her to do but to give the warning voice of her people, that the law of last winter must and will be sustained.
Your committee, therefore, recommend the adoption of the following resolutions, viz:
Resolved by the General Assembly of the State of Ohio, That the Northern Boundary of this State, is by a direct line running from the southern extremity of Lake Michigan, to the most northerly cape of the Miami Bay; thence, north-east, to the Territorial line; and by the said Territorial line, to the Pennsylvania line: and that it is due to the people of this State, and of the United States, to assert her right to the boundary aforesaid; and that she will maintain the same, by any and every means which may be lawfully used by a free and independent State of this Union.
Resolved by the General Assembly of the State of Ohio, That the Governor be, and he is hereby, authorized to request the President of the United States to appoint a Commissioner or Commissioners, whose duty it shall be to meet with the Commissioners appointed on the part of this State, in accordance with the provisions of the 8th section of an act, entitled "An act defining the Northern Boundary of certain counties within this State, and for other purposes,” passed February 23, A. D. 1835, and join in examining and re-marking the line west of Lake Erie, ** between the State of Ohio and the Territory of Michigan, commonly known as “Harris's linė," as provided in said section of the act aforesaid.
And resolved further, That if the President of the United States should decline or omit complying with the request of the Governor of this State, then, and in that case, the Governor is hereby authorized and required to cause said examination and re-marking the line aforesaid, to be completed at as early a day as practicable, by the Commissioners appointed by him, in pursuance of the provisions of the aforesaid ac