SENATE.]

Scott County (Ky.) Memorial.—Meeting of Congress.—Compensation, &c.

[JUNE 5, 1834.

"It is notorious that the editors of newspapers, under Morris, Robinson, Shepley, Tipton, White, Wilkins, their (the bank) patronage, obtain and publish, with no Wright.-16. permission of the board known to us, facts in regard to its proceedings, accounts, and expenditures, which they admit have been obtained by information in and out of bank, and by inspection of the documents it possesses.' Mr. B. said, that this paragraph completed the list of boundary line of Ohio. the misdeeds of the bank which he proposed at this time The bill was explained by Mr. CLAYTON, and, after to bring to the notice of the Senate. He had not dwelt a few remarks from Mr. KANE, who wished for more upon these points heretofore. Often as he had spoken time for consideration, the Senate adjourned,

So the resolutions were both passed, and sent to the House of Representatives for concurrence.

The Senate then proceeded to consider, in Committee of "the Whole, the bill to settle and establish the northern

THURSDAY, JUNE 5.

against the United States Bank, and much as he had said against it, he had left these points untouched; because he had expected an investigation which would test the truth of the great and heavy charges which the Government SCOTT COUNTY (KY.) MEMORIAL. directors, in the most formal and responsible manner, had Mr. CLAY presented the proceedings of a large and brought against the institution. That investigation has respectable meeting of the citizens of Scott county, Kenbeen attempted, and has been baffled! The House of tucky, consisting of a preamble and resolutions, relating Representatives are repulsed from the doors of the bank; to the claims of Executive power recently asserted by the while the editors of newspapers, in the confidence of the President of the United States. The resolutions, Mr. C. bank, have information of its proceedings, accounts, and said, denounce in bold, though respectful terms, (as reexpenditures, and inspect its documents! and all this with- spectful as the nature of the subject will permit,) the claims out the knowledge or action of the board! of extraordinary power asserted by the Chief Magistrate, Mr. B. said that the Government directors had made which they conceive calculated to convert the Governout a case against the bank, which showed the institution ment of this country into a practical monarchy, though in to be unworthy, not only of confidence, but of existence; an elective form. They consider the protest as a conand which must stand for true until disproved. The case necting link in the chain of Executive assumptions of uncomprehends, with specifications and allegations to sustain authorized power, which they have found such just cause it, first, a direct charge against the bank for producing to condemn: they consider it altogether unwarranted by the distresses and embarrassments of the last winter; next, any thing to be seen in our institutions, and that the Pres a direct charge for violating the charter in transacting the ident had no more right to protest against the resolutions great business of the bank in subaltern committees, with- of the Senate than he had to protest against the decisions out the knowledge or sanction of the board; thirdly, a di- of the Judiciary of the United States. rect charge for excluding the Government directors from The resolutions also expressed sentiments favorable to a participation and knowledge of the business of the in- the Bank of the United States. He would not (Mr. C. stitution; and, fourthly, with giving to editors of news-said) ask for the reading of these proceedings, but would papers, for publication, the information of its proceed. content himself with a motion for printing, and for the ings which is denied to a committee of Congress, and to usual reference. While up, however, he would again the President of the United States. And, after making take occasion to remark, that it is now more than twelve these charges, the Government directors expressly refer months since we had a Secretary of the Treasury appointto the books of the bank to prove what they say, and offer to abide the issue of an inspection. The bank refuses to abide this issue! It repulses the committee which is sent to make the inspection, and the directors refuse to answer a word. Under these circumstances, and for these causes alone, if all others were got over, he, Mr. B., should utterly refuse to restore to them the keeping of the public moneys.

ed in the constitutional form, by the President, by and with the advice and consent of the Senate, and that six months of the session had now passed without the Senate's receiving the nomination of the gentleman who acts as Secretary of the Treasury.

The proceedings and resolutions were then referred, and ordered to be printed.

MEETING OF CONGRESS.

Mr. McKEAN said he would say a word before the vote was taken. Mr. POINDEXTER, in pursuance of notice given After all that had been said, both in and out yesterday, asked and obtained leave, and introduced a of Congress, about distress, for six months, this was the first bill providing for the meeting of the next session of Conand only opportunity afforded to any Senator to vote for

a proposition savoring of relief; and without having gress prior to the first Monday in December next; which changed his opinions in the least in reference to the whole was read, and ordered to a second reading. The bill was subject, he intended to vote for this resolution, not be- then, on motion of Mr. P., read the second time by its title, and made the special order for Monday next. cause he believed it would produce essential relief, but because a vast majority of his constituents who had spoken COMPENSATION TO VOLUNTEERS. on the subject, had complained of deep distress, and ex- Mr. TIPTON moved to suspend all the previous orpress a confident belief that a restoration of the deposites ders, and take up the bill granting compensation to the will grant relief. This had not been confined alone to volunteers and militia who had lost horses, wagons, &c. the opponents of the administration. He considered it a in the late Indian war with Black Hawk; which was question of sheer expediency, and one which he presumed agreed to. many of his constituents could judge of more correctly than himself, and he did not feel himself at liberty to oppose their will,

The question was then taken on the passage of the resolution, and decided as follows:

YEAS.-Messrs. Bell, Bibb, Black, Calhoun, Clay, Clayton, Ewing, Frelinghuysen, Kent, Knight, Leigh, McKean, Mangum, Naudain, Poindexter, Porter, Prentiss, Preston, Robbins, Silsbee, Smith, Southard, Sprague, Swift, Tomlinson, Tyler, Waggaman, Webster.-28.

NAYS.-Messrs. Benton, Brown, Forsyth, Grundy, Hill, Kane, King of Alabama, King of Georgia, Linn,

After some conversation between Mr. TIPTON and Mr. POINDEXTER,

Mr. ROBINSON, in reply to Mr. POINDEXTER, said: The reasons for the passage of this bill would be perfectly obvious, when it was recollected that the law of 1816, and all subsequent laws upon the same subject, had a limitation, prescribing the time within which the claims were required to be presented. [He here cited the several limitations.] During the time prescribed, many claimauts were prevented, from various causes, from presenting for examination and payment, claims clearly allowable and just. The losses sustained during the war with the

JUNE 5, 1834.]

Compensation to Volunteers.—Names of Pensioners.

[SENATE.

Indians in 1832, on the frontiers of Illinois and Michigan which it was allowed, the names of the clerks who are Territory, are almost wholly unprovided for. True, a and have been employed in the pension office, and the law was passed at the last session, intending to make pro- sums paid them as compensation, with a statement of the vision for their payment; but under the construction, as aggregate sums paid in each State, and an aggregate stategiven to that law by the Third Auditor, the law was, in a ment of the whole sum disbursed on account of pensions; very great degree, rendered nugatory-a construction and that he be also directed to report to the Senate the which he would not, at this time, stop to examine; but regulations adopted at the War Department, relating to which was such as to require the actual death of the horse the proofs necessary to entitle claimants to the benefit of to be proved. To make such proof, in the major part of the act of 7th June, 1832.

the cases, was utterly impossible, both from the nature of Mr. FORSYTH said, the Senator from South Carolina, the service and the character of the losses. The service by looking at the peculiar requisitions contained in this was chiefly in a frontier country, and part of the time as resolution, would be satisfied that they could not be commuch as two hundred miles beyond the outer settlements; plied with before the next session of Congress. By next without roads, without any bridges, causeways, or any session, the Department, with extra assistance, and at the other of the ordinary facilities for the passage of the in-expense of some $1,000 or $1,500, might be able to furnumerable rivers and swamps over or rather through nish the information required. The resolution called for which they had to pass; the former deep, wide, and often the names of all the pensioners in the United States, their swimming; the latter boggy and miry, very extensive, and rank, the amount paid them, the laws under which they of the most difficult and dangerous passage. The service were paid, their agents, when they (the pensioners) were was a very hard one, occasionally making forced marches, placed on the pension roll, the county in which they realmost, if not wholly, unparalleled; and that, too, with-sided, &c. Now, many of these questions might be out any forage whatever-during a whole three months' answered by reference to the certificates; but many others, tour of service, not the first feed for the horses was fur- on the contrary, could not be replied to, without refernished by the United States. The consequence was, they ence being made to the original papers. Mr. F. went on were turned loose to graze, and this, too, with the ap- to describe the further difficulties attendant upon the inprobation of the officers; indeed, it could not be other-vestigation, and said it would be necessary to look over wise, for there was no other possible means of subsisting all the papers of the Department. He believed some inthem. It often so happened that the rider was dismount- quiry as to the amount of pensions paid to the different ed and separated from his horse. Now, it cannot but be States would be found useful; information, also, as to the obvious to every one, that the losses, under these circum-actual condition of the pensioners, was necessary to prestances, must have been very many, and without the vent fraud. Pension money was frequently sent for a slightest fault or negligence on the part of any one, and year or two after the pensioner had ceased to exist. He to make proof of the actual death wholly without the (Mr. F.) was happy to say that the suggestion of the honrange of possibility. Where the loss happened in battle, orable Senator from South Carolina, in relation to the pubit is not even in all cases possible to adduce such proof as lication of a list of pensioners at the respective courtis required under the rules adopted in the examination houses, had, in effect, already been acted upon. No perand allowance of these claims. Cases are in existence, son had lately been placed upon the pension roll, who had and such have been presented and disallowed, where the not previously gone into court and presented his claims to owner or rider was killed in battle, his horse wholly lost be made a pensioner. The only exceptions which had and never afterwards heard of; but no proof is or can be been made to this rule, were in cases where the health of had of the actual death of the horse; yet, the injury is as the individual would not permit him to attend. There great, and the justness of the claim no less than if such was another consideration. If this paper were sent to proof was at hand and actually made. Under the con- the War Department, the documents connected with it struction as given by the officer charged with the admin- must be printed, and he believed the expense, in this reistration of the law of last session, not one case in twenty spect, would be greater than the object to be obtained jusof losses will be paid for, judging from the few which tified. He had before him a book published by the have been allowed, and the many which have been re- House of Representatives, containing a list of pensioners, jected. Why, sir, in many cases where horses have been their rank, and the county in which they resided. This found, since the termination of the campaign, they have book contained 672 pages. The information called for been claimed for the United States, and taken and dis-would occupy a much larger space, and would be attendposed of as such, and the owner unable, under any law ed with an additional proportio.atf expense. Suppose now in force, to get his just due. I hope the necessity of the expense, however, were only bree times as much as such a law as the one under consideration, with these explanations, and the report accompanying the bill, will be so apparent to all as to secure its speedy passage. On motion of Mr. CALHOUN, the bill was laid upon the table, and made the special order for Friday week.

NAMES OF PENSIONERS.

that of the book to which he had alluded, (and this was a very low calculation,) the cost of printing would be at least between six and seven thousand dollars. He (Mr. F.) thought it would be $10,000. He did not make these ob servations for the purpose of diverting the Senator from South Carolina from his object; on the contrary, he thought that some inquiry upon this subject was highly necessary. If the honorable Senator would indicate any committee to which he wished the question referred, he (Mr. F.) would vote for such reference. If the Senator, Resolved, That the Secretary of War report to the Sen-however, was not prepared to indicate any particular comate a statement showing the names of the several pen-mittee, he (Mr. F.) would move to refer it to the Comsioners who are now, or may have been heretofore, pla-mittee on the Contingent Fund.

On motion of Mr. PRESTON, the Senate proceeded to the consideration of the following resolution, as amended, submitted by him some days ago:

ced on the pension rolls, designating their rank, annual al- Mr. PRESTON said he would not have presented the lowance, the sums which they have severally received, the resolution which is now before the Senate, had he not haws under which their pensions have been granted, State deeply considered the subject, and came to the concluor Continental line in which they served, the date when sion that there was no better mode of effecting the object placed upon the roll, their ages, and the States and coun- he had in view, than the one which he had adopted. ties in which they severally reside; also, the names of the When the subject was before the Senate the other day, pension agents who have received compensation as such, he had understood his proposition as being generally conand the amount of such compensation, and the act under curred in. The present call was exclusively for informa

SENATE.]

Names of Pensioners.—Northern Boundary of Ohio.

[JUNE 5, 1834.

tion, and, if it were complied with, the Senate would that I shall be able to show to the Senate and to the counvery speedily be able to discover if any frauds had been try, that Ohio has no well-founded claim to take from practised in relation to the pension fund. The possession Michigan that part of her territory demanded by the bill of the documents which he had called for, would alone on your table. Michigan was put in possession of this enable them to do this; he therefore adhered to his prop- tract of country many years ago, by the Congress of the osition. It was very desirable that the information called United States. She has organized her counties, erected for should be obtained, as the only efficient remedy which her court-houses and other public buildings, and made all could be applied was the publication of that information her local arrangements over the territory now in dispute; in an authentic form, at the different court-houses. He and it would be unjust to take it from her. I will show must be permitted, however, to remark, that the question what the action of Congress has been at various periods, of publication was not now before the Senate; the pres- by reading the laws and resolutions upon that subject. ent call was, as he had before said, only for information. If I could have consulted my own wishes, I would have He could not help thinking though, the object was worth deferred the settlement of this question of boundary be the expense. This (the expense) would not be so great tween the State of Ohio and the Michigan Territory, until either, as was supposed by the honorable Senator from Michigan had been admitted into the Union as an inde Georgia. He (Mr. P.) was prepared to say, that if the pendent State, and had an opportunity of being reprework contained 40,000 names, 10,000 copies of it might sented on this floor by two of her own citizens. But, be printed for $4,000; not more than 2,000 copies, how-since both the Legislature and the delegation in Congress ever, would be required for the purposes he had desig- from Ohio, are pressing this question upon us, and be nated. He would go more at large into this point, but lieving it within the competency of Congress to settle it, he repeated that the question of printing and distribution I hope that we shall decide the dispute with an eye to the was not now under consideration; the present call was dispensation of equal justice between the parties, and put for information, and all, he believed, were willing to ad-it at rest forever.

mit that information was highly necessary in connexion I contend, said Mr. T., that Congress, the guardian of with the subject. He would not have introduced this the Territories, had the power to divide that part of the proposition at all, if the expenses of the pension fund had Northwestern Territory that lies north of a line due east been, in the slightest degree, diminished; but instead of and west through the southern bend or extreme of lake that, they were increasing at the rate of 23 per cent. Michigan, into one or two States, or to attach it to any yearly. Difficulties were accumulating upon their hands, other State, as the public interest might require; and in and it was highly requisite that the subject should be in the exercise of her sound discretion over that Territory, quired into. After information had been obtained, the Congress did extend the State of Indiana ten miles, and action of a committee might become necessary, and he the State of Illinois half a degree north of that line. This should not then hesitate to call for it. Mr. P. concluded was done because the public convenience required that it by expressing his intention, at the proper time, to intro- should be so attached, to give these States harbors on the duce a resolution relative to the printing and distribution lakes, and the navigation of them also. of the information for which he had called.

The State of Virginia, in 1786, modified her act of cesMr. BELL made a few remarks in reply to the state-sion, to give Congress this discretionary power; and that ment made the other day by the Senator from South Car- Congress possesses the power cannot be doubted. olina, [Mr. PRESTON,] that the duration of human life was In the Senate, the sovereign States are equally reprelonger in the South than in the North. Mr. B. contend-sented; the least State has as great a representation here ed, that, notwithstanding the appearances, the contrary was the case.

Mr. EWING moved to lay the resolution on the table, for the purpose of proceeding to the unfinished business. Mr. PRESTON (Mr. EwING's motion being withdrawn) said, he wished for no further discussion; but he would make an explanation. The gentleman [Mr. BELL] had said, people lived longer in New Hampshire than in South Carolina. Mr. P. congratulated him, if it was so; but when he (Mr. P.) meeted the question of longevity, he spoke of extreme lovity; and there were 14 persons in South Carolina above 100 years old, and only 3 in New Hampshire. Mr. P. thought the resolution had already lain too long on the table.

Mr. FORSYTH moved to refer it to the Judiciary Committee; which was negatived by a vote of 18 to 12. The resolution was then adopted.

NORTHERN BOUNDARY OF OHIO.

The bill establishing the northern boundary line of the State of Ohio, was taken up.

Mr. POINDEXTER moved that the bill be laid upon the table, and made the special order of the day for day next. This motion having been withdrawnMr. CLAYTON, who reported the bill, rose in expla

as the largest. On this body the weaker States, therefore, must rely for protection against the encroachments of their more powerful neighbors; and, relying on the justice of the Senate, they need not fear the result. Michigan, with a population of between 50,000 and 60,000 souls, has no voice on this floor; she has, it is true, a delegate in the other House, with a right to debate but not to vote in settling questions where she is interested. Ohio has a population of more than a million of souls, with two Senators here and nineteen Representatives in the other House of Congress. This is fearful odds arrayed against the Territory, and demanding of Congress to reduce it, by adding to the great State of Ohio, already too powerful for the peace of her less powerful neighbors; but she trusts her case to the justice of the Senate, and need not dread the decision.

I concur in that part of the report made by the honorable chairman of the Judiciary Committee, that asserts the power of Congress to settle this question. I contend that this is not wholly a question of law, but also a question of proper to extend the jurisdiction of Ohio north of a line political expediency, and that it is neither expedient nor Thurs-drawn due east from the southern extreme of lake Michigan to lake Erie, and believing this, I protest against it, in behalf of the people of Michigan, as being uncalled for by the public interest, inexpedient, and unjust. Mr. EWING spoke at length in favor of the bill. Mr. TIPTON rose and addressed the Chair as follows: read the second section of an act of Congress, approved To satisfy the Senate that the law is against Ohio, I will Mr. President: I confess that I was not a little surprised 30th April, 1802, entitled "An act to enable the people to hear the honorable Senator from Ohio say that Michi- of the eastern division of the territory northwest of the gan had no rights here. I contend that she has rights, river Ohio, to form a constitution and State government, and regret that those rights have not an abler advocate on and for the admission of such State into the Union on an this floor than I am. My object in rising, is to say a few words against the passage of this bill, and I flatter myself' equal footing with the original States." It is as follows:

nation of its details.

JUNE 5, 1834.]

Northern Boundary of Ohio.

[SENATE.

"That the said State shall consist of all the territory marcation can be made to distinguish this line; nor is it at included within the following bounds, to wit: Bounded on this day so distinctly known, that we can determine whethe east by the Pennsylvania line, on the south by the ther the line drawn east from lake Michigan will intersect Ohio river, to the mouth of the great Miami river, on the the Canada line or not. Some affirm that it does-others west by the line drawn due north from the mouth of the doubt it. great Miami aforesaid, and on the north by an east and The constitution of Ohio was transmitted to the seat of west line drawn through the southerly extreme of lake Government by Mr. Worthington, who was appointed Michigan, running east, after intersecting the due north special agent for that purpose; he had been a member of line aforesaid from the mouth of the great Miami, until it the convention that formed the constitution, was one of shall intersect lake Erie or the territorial line, and thence her first Senators in Congress, and afterwards Governor with the same through lake Erie to the Pennsylvania line of that State. The constitution was referred, in the House aforesaid: provided, that Congress shall be at liberty at of Representatives, to a committee, of which Mr. Ranany time hereafter, either to attach all the territory lying dolph, of Virginia, was chairman. This committee was east of the line to be drawn due north from the mouth of directed to examine it, and report their opinion thereon, the Miami aforesaid to the territorial line, and north of an to the House. It was as follows: east and west line drawn through the southerly extreme "Mr. Randolph, from the committee to which was reof lake Michigan, running east as aforesaid to lake Erie, ferred a letter from Edward Tiffin, president of the conto the aforesaid State, or dispose of it otherwise, in con- vention of the State of Ohio, and a letter from Thomas formity to the fifth article of compact between the origi- Worthington, special agent of the said State, enclosing nal States and the people and States to be formed in the the constitution thereof, together with sundry propositions territory northwest of the river Ohio." in addition to, and in modification of those contained in By this law Congress reserved the right either to attach the act entitled An act to enable the people of the eastthis territory to the State of Ohio, or to make such other ern division of the territory northwest of the river Ohio disposition of it as the public interest may require. All to form a constitution and State government, and for the the people living within the limits prescribed by this act admission of such State into the Union on an equal footwere authorized to form for themselves a constitution and ing with the original States, and for other purposes,' made State government. No one living beyond the bounds the following report:

prescribed by this law had a right to take part in forming "The provision contained in the sixth section of the a constitution for Ohio. The people residing in one por- seventh article of the constitution of the State of Ohio, retion of this country, could not form a constitution for those specting the northern boundary of that State, depending residing elsewhere, nor could a territory, not included on a fact not yet ascertained, and not being submitted in within the limits laid down by this act, be embraced with- the shape of the other propositions from the convention in the State of Ohio, without the assent of Congress. Hear to Congress, the committee have thought it unnecessary what the Ohio convention said upon this subject. Sixth to take it at this time into consideration." section seventh article constitution of Ohio: Mr. Randolph's report proves that the proposition made "That the limits and boundaries of this State be ascer- by the Ohio convention to embrace more territory within tained, it is declared that they are as hereafter mentioned; the limits of that State, was not sanctioned by the Conthat is to say: bounded on the east by the Pennsylvania gress of that day; and that was the proper time to attach line; on the south by the Ohio river, to the mouth of the this territory, if ever it ought to have been done. The great Miami river; on the west, by the line drawn due country was then a wilderness. Michigan, as a Territory, north from the mouth of the great Miami aforesaid; and did not exist. The whole Northwestern Territory then inon the north, by an east and west line drawn through the cluded it, and being at the disposal of Congress, Michigan southerly extreme of lake Michigan, running east, after was stricken off from it. But the case is different now. intersecting the due north line aforesaid from the mouth The territorial government of Michigan has been organof the great Miami, until it shall intersect lake Erie or the ized; she has, in legal phrase, been put in possession of territorial line, and thence with the same through lake the disputed territory by the Congress of the United States, Erie to the Pennsylvania line aforesaid: provided always, and has been exercising jurisdiction and acts of ownerand it is hereby fully understood and declared by this con- ship over it ever since the late war, a period of near vention, that if the southerly bend or extreme of lake twenty years. Michigan should extend so far south, that a line drawn Mr. Worthington, one of the first Senators in Congress due east from it should not intersect lake Erie, or if it from Ohio, presented to the Senate the petition of Joseph should intersect the said lake Erie east of the mouth of Harrison and others, inhabitants of the northern portion the Miami river of the lake, then, and in that case, with of the Northwestern Territory, praying Congress to dithe assent of the Congress of the United States, the north-vide that territory and organize Michigan. Their petition ern boundary of this State shall be established by, and was referred to a committee, of which Mr. Worthington extending to a direct line, running from the southern ex- was chairman. The committee reported a bill to organize tremity of lake Michigan to the most northerly cape of Michigan, and to give the assent of Congress to the propthe Miami bay, after intersecting the due north line from the mouth of the great Miami river as aforesaid, thence northeast to the territorial line, and by the said territorial line to the Pennsylvania line."

osition contained in the sixth section of the seventh article of the constitution of Ohio. This bill was amended by striking out all that related to giving the assent of Congress to that proposition of the Ohio constitution.

I hope the Senate will bear in mind, that the line to be The bill, thus amended, became a law on the 11th of drawn east from the southern bend or extreme of lake February, 1805, organizing the Michigan Territory, and Michigan to lake Erie or to the territorial line of the establishing, as its southern boundary, a line drawn due United States, was the basis for the northern boundary of east from the southern bend of lake Michigan to lake Ohio. The southern bend of lake Michigan was the per- Erie, agreeably to the provisions of the act of Congress manent controlling point to govern in establishing the line of the 30th of April, 1802, admitting Ohio into the Union. of demarcation between Ohio and the State to be formed Could there be stronger evidence that the Congress of north of it. The Canada or territorial line of the United that day did not deem it expedient to give Ohio what she States was a collateral, not material point. It is immate- was then and still is claiming? And in the further derial for all practical purposes, whether the northern boun-velopments of the advantages of the country, no new dary of Ohio intersects the Canada line or not. It being reason for granting her request has presented itself. an open space of water in lake Erie, no permanent de- Again: Let us see what Mr. Morrow, the first Repre

SENATE.]

Northern Boundary of Ohio.

[JUNE 5, 1834.

sentative in Congress from Ohio, said upon this subject. same extends due east from the western boundary of the I find that he thought the assent of Congress was neces- State of Ohio, be, and remain, the established boundary sary to the proposition contained in the sixth section of between the said State and the Michigan Territory." the seventh article of the constitution of Ohio. Mr. Mor- This resolution was referred to the Committee on Pubrow introduced into the House of Representatives, in the lic Lands, of which Mr. Anderson, of Kentucky, was session of 1811-12, the following: chairman; and after being discussed before the committee "Resolved, That a committee be appointed to inquire by the delegate from the Territory, and the members from into the expediency of confirming the northern boundary Ohio, it was reported to the House by Mr. Anderson withof the State of Ohio, as designated by the constitution of out amendment, and it is believed would have passed, that State, and of providing by law for the actual survey but for want of time before the close of the session of of the western boundary line of the said State, and that Congress. they report by bill or otherwise."

Here, sir, was a distinct proposition to Congress to establish the line between Ohio and Michigan, agreeably to the proposition in the constitution of Ohio. And here, again, Ohio was met by a denial of her request. A law passed, not calculated to suit the views and wishes of Mr. Morrow, of which I will read a section. It was passed on

the 20th of May, 1812:

The same subject has been frequently urged upon the attention of Congress by Mr. Beecher, Mr. Vinton, and now by the honorable Senator, [Mr. EWING,] asking us to do what Congress has refused for thirty years. I would ask, is it just for us to strike from Michigan four or five hundred square miles of territory, over which she has exercised jurisdiction for many years, and thereby reduce three of her most respectable counties, both as to territory and population, Monroe, Lenawee, and Hillsdale; there by lessening her prospects of being admitted into the Union for years to come?

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the surveyor general, under the direction of the President of the United States be, and he is hereby, au- A line drawn due east from the southern bend of lake thorized and required (as soon as the consent of the In- Michigan to lake Erie, crosses the Maumee river about dians can be obtained) to cause to be surveyed, marked, eight miles south of the north cape of the Maumee bay, and designated, so much of the western and northern and about three miles from the foot of the rapids of this boundaries of the State of Ohio, which have not already river. At the foot of the rapids, on the west side of the been ascertained, as divides said State from the Territories river, is situate the town of Maumee. On the east side, of Indiana and Michigan, agreeably to the boundaries es- and nearly opposite, is Perrysburg. At the former place, tablished by the act entitled 'An act to enable the people the United States engineers have located the termination of the eastern division of the territory northwest of the river of the Wabash and Erie canal, and to this point vessels Ohio to form a constitution and State government, and navigating the lakes can ascend. Here the trans-shipfor the admission of such State into the Union on an equal ment from lake vessels to canal boats will be made. To footing with the original States, and for other purposes,' establish these facts, I refer to the official surveys of the passed on the 30th of April, 1802, and to cause to be made United States engineers, and to a report from the board a plat or plan of so much of the boundary line as runs of canal commissioners of Ohio; and as confirmation of it, from the southerly extreme of lake Michigan to lake Erie, I will read from an Ohio paper, that, I am sure, will be particularly noticing the place where the said line inter-good authority with the Senator from Ohio. The Miami sects the margin of said lake, and to return the same, when of the Lake, a paper published at Perrysburg, dated the made, to Congress." 10th of last month, says:

The survey of the northern boundary of Ohio, author- “Our River.—As there are misconceptions, and, ized by this law, was not completed until the year 1818, doubtless, misrepresentations also, in regard to the depth owing to the Indian war that intervened; and when this of water from this place to the lake, we publish an exsurvey was made, in strict conformity to the several acts tract from the report of the canal commissioners, made of Congress, of 30th April, 1802, 11th February, 1805, to the Legislature of Ohio in 1824, on the subject. We and 20th May, 1812, providing for organizing the State only add, that this report corresponds with the opinion of Ohio and the Michigan Territory, the people of that now entertained by most of our river pilots. Territory had strong grounds to hope that the question "Soundings were taken of the Maumee river, and bay, of boundary was finally settled. But, sir, it was not suf- from the foot of the rapids to Turtle island, off the fered to rest here. Mr. Brush, a Representative in Con- north cape of the bay. At the point where it is progress from Ohio, in February, 1820, introduced the ful-posed to erect the dam suggested, there is rock bottom, lowing resolution: with 6 feet water. Below this rock this water increas

"Resolved, That a committee be appointed to inquire es, in a short distance, to 8 and 9 feet depth. At a point into the expediency of providing, by law, for surveying, between that and Swan creek, a mile above Grassy point, marking, and permanently establishing the northern boun- about 8 feet water was found, and on the bar in the bay dary of the State of Ohio, beginning at a point north of 8.25 to 9 feet. the most northerly cape of the Miami bay, running thence due west, to the intersection of the west line of said State." Mr. Brush was not content to take what they now ask. He wanted to run a line due west from the north cape of Miami bay to the west line of the State.

This resolution, however, the House refused to consider, although frequently urged upon their attention by the mover, and Mr. Beecher, one of his colleagues.

"It is sufficient for us to add, that the rock bar abovementioned, as having on it 6 feet water, is the shoalest water up to Perrysburg, and Port Miami, and that when the soundings were taken, as above, the river was low."

The same paper says: "We neglected to notice, that the steamboat General Brady some time since commenced her regular trips between Detroit and this place." I have on my desk an extract from the notes of Col. Mr. Woodbridge, then the delegate from Michigan, was Stansbery, the United States engineer who located the more fortunate. Seeing that the House refused to consid- Wabash and Erie canal, and took the scundings on the er Mr. Beecher's resolution, he submitted the following: bars in the river and bay below Maumee and Perrysburg. "Resolved, That the line heretofore caused to be sur. These notes corroborate the report of the canal commisveyed, marked, and designated, from the southern ex- sioners of Ohio, and show that there is above eight feet treme of lake Michigan due east, in pursuance of the of water on all the bars but one, and estimate the cost provisions of an act entitled 'An act to authorize the Pres- of removing that bar at $1,500. Seven feet water is, in ident of the United States to ascertain and designate cer- my opinion, sufficient for the schooners and steamboats tain boundaries,' passed 20th May, 1812, so far as the that navigate the lakes.