aforesaid act might have been deemed by Ohio conciliatory and proper, and would have been acted upon accordingly. But, in the present case, we cannot admit that the Legislative Council of the Territory of Michigan had any right to authorize a negotiation on the subject of boundary, or that any arrangement entered into with commissioners appointed under their authority, would be binding, even on Michigan herself, after she might become an independent State. Neither can we admit that there is any question of boundary existing between the State of Ohio and that Territory. If a question of that character exists any where, (which we do not admit,) it is between the State of Ohio and the United States; as Congress alone has the power to settle questions relating to the boundaries of the Territories of the United States. The boundaries of Ohio are expressly described in the sixth section of the seventh article of our constitution. The proviso in this section declares "that if the southerly bend of Lake Michigan shall extend so far south that a line drawn due east from it should not intersect Lake Erie, or if it should intersect the said Lake Erie east of the mouth of the Miami river of the Lake, then, and in that case, with the assent of the Congress of the United States, the northern boundary of this State shall be established by, and extended to, a direct line running from the southern extremity of Lake Michigan to the most northerly cape of the 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 line to the Pennsylvania line." This proviso of our constitution established the northern boundary of Ohio (under the contingencies expressed therein) by a direct line running from the southern extremity of Lake Michigan to the most northerly cape of the Maumee bay. This "proviso" was assented to by the Congress of the United States, when they adopted our constitution, and admitted Ohio into the Union upon an equal footing with the original States.

The ground upon which Michigan appears to found her claim to a portion of the territory within the constitutional limits of Ohio, is an expression in the fifth article of the ordinance of Congress of the 13th of July, 1787, for the government of the Territory of the United States Northwest of the River Ohio. This article, after defining the boundaries of three States, to be formed in the said Territory, has a "proviso" in the following words: "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 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 east and west line drawn through the southern extremity of Lake Michigan." In this provision there appears to be a discretionary power vested in Congress with regard to the formation of one or two States north of this east and west line, but nothing that confines them to this line as the special boundary of the one or two States to be formed north of it. If this east and west line had been intended as the permanent northern boundary of the three States first to be formed within the said Territory (to wit, Ohio, Indiana and Illinois,) so soon as Congress should organize a Territory or Territories north of it, there would certainly have been some expressions in the ordinance that would have indicated such intentions, but we can find no expressions of this character in the ordinance.

On this subject Congress must have been satisfied when the States of Indiana and Illinois were admitted with their present boundaries, for both

of these States extend considerably north of the southern extremity of Lake Michigan: and if these States had the right to extend their boundaries north of an east and west line drawn through the southern extremity of Lake Michigan, Ohio had undoubtedly an equal right; for the objection that applies to Ohio would apply with equal force to all these States. But when we examine this east and west line, as it is now understood to run, we find it does not correspond with the northern boundary of Ohio, as expressed in the act of Congress of the 30th of April, 1802, authorizing the people of the eastern division of the Territory Northwest of the River Ohio to form a State Government, &c.; for the second section of that act declares that the State to be formed shall be bounded north by an east and west line, drawn through the southern extremity of Lake Michigan, running east until it shall intersect Lake Erie or the territorial line; thence with the same through Lake Erie to the Pennsylvania line. This is an impossible line, for the line running due east from the southern extremity of Lake Michigan, will cross the Maumee river considerably south of the Maumee bay, and extending east, will never strike the territorial line, but will pass through or near Cunningham's island, in the county of Huron: thence through Cuyahoga, Geauga, and Ashtabula counties, to the Pennsylvania line, some twenty or thirty miles south of Lake Erie. Can the people of Ohio acknowledge this as the northern boundary of the State? I presume their unanimous voice would be in the negative. The convention that formed our constitution declared that it should not be the boundary; and to guard against such a contingency the provision was made in our constitution establishing the northern boundary of Ohio by a direct line running from the most southern extremity of Lake Michigan to the most northern cape of the Miami bay; thence northeast to the territorial line, and by the said territorial line to the Pennsylvania line. This is the only line that can be recognised by Ohio as her constitutional boundary. It has been assented to by the Congress of the United States in the adoption of our constitution. There has never been an opinion expressed by either branch of Congress adverse to this line; but there has been, after a full investigation of the subject by the Judiciary Committee of the Senate of the United States, an able report in its favor made by that committee to the Senate, and a bill has twice passed that body establishing this line as the northern boundary of Ohio. The Committee on the Territories in the House of Representatives of the United States reported, on the 11th of March, 1834, that they thought it unnecessary to adopt any additional legislation on the subject. With this view of the case, I am drawn to the conclusion that we are bound, by the solemn obligation we have taken to support the constitution of Ohio, to adopt prompt and effective measures to extend the jurisdiction of the State to the boundaries specified in the constitution, and to secure to all who may reside within these limits thé protection and benefit of our laws.

To accomplish this object, I would call your attention, in an especial manner, to the act entitled "An act for the erection of certain counties therein named," passed February 12th, 1820. By this act the counties of Williams, Henry, Wood, and Sanduskey were erected. In describing the northern boundaries of these four counties, the term State line is used without explanation. I would therefore, recommend the passage of a declaratory act, declaring that all counties bordering on the northern boundary of the State of Ohio shall extend to and be bounded on the

north by the line running from the southern extremity of Lake Michigan to the most northern cape of the Maumee bay; thence, northeast, to the territorial line, and with the territorial line to the Pennsylvania line; and that the northern organized townships in these counties be extended to that line; and that all the county and township officers within these counties and townships, be directed to exercise jurisdiction within their respective counties and townships thus extended, until new townships may be regularly erected, by proper authority, and organized under the laws of

this State.

I herewith transmit to the Senate the report of the Judiciary Committee of the Senate of the United States of the 12th of May, 1834, with the accompanying documents. Also, to the House of Representatives, the report of the Committee on the Territories, made to the House of Representatives of the United States, on the 11th March, 1834, with accompanying documents.

In these reports and documents will be found an extended view of the boundary question, with the arguments of the delegate from Michigan and those advanced by the Representatives from Ohio.

All which is respectfully submitted,

By your obedient servant,

ROBERT LUCAS.

Preamble and resolutions relating to the northern boundary of the State of Ohio.

Whereas, the constitution of the State of Ohio declares that the said State shall be bounded on the north by an east and west line drawn through the southerly extreme of Lake Michigan, running east, after intersecting a line drawn due north from the mouth of the Great Miami river, until it shall intersect Lake Erie or the territorial line; and thence with the same through Lake Erie to the Pennsylvania line, and that if the southerly bend or extreme of Lake Michigan (the exact position of which was not known) should extend so far south that a line drawn due east from it should not intersect Lake Erie, or if it should intersect the said Lake Erie east of the mouth of the Miami river of the Lake, then, and in that case, with the assent of the Congress of the United States, the northern boundary of the State shall be established by, and extending to, a direct line running from the southern extremity of Lake Michigan to the most northerly cape of the Miami bay, after intersecting the due north line from the mouth of the Great Miami river; thence northeast to the territorial line, and by the said territorial line to the Pennsylvania line. And whereas, the Congress of the United States, by the admission of Ohio into the Union with the foregoing provisions and declarations in her constitution, did virtually ratify, approve of, and assent to the same, and thereby confirm and establish the northern boundary of the State as before described, and guarantee to her complete jurisdiction over all territory lying within the limits so assigned to her; and as subsequent surveys and examinations have ascertained the fact that an east and west line drawn through the southerly extreme of Lake Michigan will intersect Lake Erie (if at all) east of the mouth of the Miami river of the Lake, and to prevent all disputes and difficulties upon this subject, the State of Ohio has repeatedly memorialized Congress for an act

expressly recognising said boundary; which act, if passed, could give no validity to her claims, but would merely quiet her title, and prevent controversy with a State that may be hereafter erected adjacent to said northern boundary; and as the passage of such an act seems to be but little nearer now than it was thirty years ago, neither motives arising from a sound and enlightened public policy, nor principles of strict and impartial justice having had sufficient influence to effect a settlement of this important question: and whereas, also, during the time we have been asking Congress for a recognition of our rights, by the negligence or forbearance of the State authorities, the Territorial Government of Michigan has been permitted to extend its jurisdiction over a part of said State, and is now actually exercising usurped and unauthorized power over the citizens of a free, sovereign, and independent State of this Union, against which she has remonstrated to Congress in vain; and, as a proper degree of self-respect demands that Ohio should firmly maintain her rights, and promptly resist encroachments upon her territory, jurisdiction, or privileges, let them come from what quarter they may, so does it require that she should not tamely submit to invasions of either, by those who have neither the right nor the power to disturb her in the quiet enjoyment of her constitutional sovereignty; it ill becomes a million of freemen to humbly petition, year after year, for what justly belongs to them, and is completely within their own control: therefore,

Resolved, As the opinion of this General Assembly, that the territory included within the constitutional limits of Ohio, forms an integral part of said State, of which no power on earth has a right to dispossess her.

Resolved, That measures ought to be taken immediately by the legislative, executive, and judiciary authorities of Ohio, to cause her jurisdiction to be fully established throughout every part of her territory, as described in her constitution; and to obtain, for her laws and public officers that respect and obedience from all persons residing or coming within her borders to which they are properly entitled.

Resolved, That this State has an indisputable right to run out and designate her northern boundary, in accordance with the provisions of her constitution, and that without allowing her public works to be longer suspended, or the interests of her citizens to be further jeopardized, by the refusal of Congress to unite with her in this work, commissioners should be appointed for that purpose, with instructions to run and mark the same from a place where a line from the most southerly extremity of Lake Michigan to the most northerly cape of the Miami bay crosses her western boundary to the said cape, so that its exact location may be known and recognised by all persons within the State as well as by those without its limits.

February 23, 1835.

JOHN M. CREED, Speaker of the House of Representatives. PETER HITCHCOCK, Speaker of the Senate.

AN ACT defining the northern boundary of certain counties within this State, and for

other purposes.

SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the counties of Williams, Henry, Wood, Sandusky, Huron, Lorain,

Cuyahoga, Geauga, and Ashtabula, shall extend to, and be bounded on the north by, the line run from the southern extremity of Lake Michigan to the most northern cape of the Maumee bay; thence northeast to the terri torial line, being the northern boundary of the United States, in Lake Erie ;thence with said northern boundary of the United States, through Lake Erie, to the Pennsylvania line.

SEC. 2. That, until the Legislature shall establish one or more new counties, it shall be the duty of all officers, civil and military, judicial and ministerial, that are authorized by the constitution and laws of the State to exercise jurisdiction within the aforesaid counties, to extend their jurisdiction within those counties, respectively, to the northern extremity of the boundaries described in the preceding section of this act.

SEC. 3. That such part of the townships nine and ten south, in ranges one, two, three, and four, west of the principal meridian in Michigan, as lies south of the line run from the southern extr mity of Lake Michigan to the most northern cape of the Maumee bay, be, and the same is hereby, declared to be attached to the county of Williams, and shall be considered as forming a part of that county.

SEC. 4. That such part of townships nine and ten south, in ranges one, two, three, and four, east of the principal meridian in Michigan, as lies south of the line run from the southern extremity of Lake Michigan to the most northern cape of the Maumee bay, be, and the same is hereby, declared to be attached to the county of Henry, and shall be considered as forming a part of that county.

SEC. 5. That such part of townships nine and ten south, in range five, six, seven, and eight, east of the principal meridian in Michigan, as lies south of the line run from the southern extremity of Lake Michigan to the most northern cape of the Maumee bay, together with all the territory between said townships and the line run due east from the southern extremity of Lake Michigan, until it intersects Lake Erie, including the territory east of the Maumee river, and between Lake Erie and said east line, shall be, and the same is hereby declared to be, attached to the county of Wood, and shall be considered as forming a part of that county.

SEC. 6. That it shall be the duty of the county commissioners of the respective counties of Williams and Henry, to hold a special session, within their respective counties, as soon after the passage of this act as practicable, and to extend the boundaries of the organized townships, in their respective counties, to the northern boundaries of said counties, as specified in this ,act, or to erect and cause to be organized new townships, as prescribed by the laws of this State.

SEC. 7. That such part of the territory declared by this act as being attached to the county of Wood, shall be erected into townships, as follows, to wit: such part of said ranges five and six as lies between the line run due east from the southern extremity of Lake Michigan, and the line run from the said southern extremity to the most northern cape of the Maumee bay, be, and the same is hereby, erected into a separate and distinct township, by the name of Sylvania; and that all such part of said ranges seven and eight, together with the territory east of the Maumee river, as lies between the line run from the southern extremity of Lake Michigan to the most northern cape of the Maumee bay, and between Lake Erie and the line run due east from the southern extremity of Lake Michigan to Lake Erie be, and the same is hereby, erected into a sepa