Ohio, Indiana, and Illinois. This law was communicated to the Governor of Ohio, with the expression of a belief that the conciliatory disposition manifested by Michigan would be met by a corresponding feeling on the part of his State. To that communication I have never received the cold formality of an answer, although, strange as it may seem, it is made the singular pretext of a recommendation of the Governor to the Legislature, urging the passage of a law extending their jurisdiction over that part of the Territory of Michigan claimed by Ohio. An offer for the amicable adjustment of a serious and unfortunate controversy, if not met with insult, is received and acknowledged by an attempt at additional wrong and injustice. It may not be unimportant to notice the grounds taken by the Governor of Ohio in his communication to the Legislature. He assumes that Michigan has no right to authorize a negotiation on the subject of boundary, and denies that any arrangement, entered into with commissioners appointed under her authority, would not be binding on Michigan herself after she becomes a State. This position I entirely dissent from. By the ordinance of July 13, 1787, upon which this controversy is based, and from which all the parties interested must derive their authority to act, it is expressly declared, in the fifth article, that the State to be formed north of the present State of Ohio shall be bounded on the south by an east and west line drawn through the southerly bend or extreme of Lake Michigan. This article of the ordinance is fixed and determinate; no provision is given Congress to alter or amend it. On the contrary, it is expressly declared that this part of the ordinance "shall be considered articles of compact between the original States and the PEOPLE and STATES in the said Territory, and forever to remain unalterable, except by COMMON CONSENT." The great error into which Ohio has fallen, in the power which she supposes Congress to possess over this subject, is this: she does not separate the first part of the ordinance of 1787 from the latter, and thus confounds the power possessed by Congress over the first with that of the second. The first and second sections of the ordinance provide for the form of government to be extended over the Northwestern Territory, giving to the people inhabiting the same a delegate in Congress, a Governor and Secretary of the Territory, and a local Legislature. This part of the ordinance Congress possesses the right to alter and amend, and has so done repeatedly. The third section, however, contains this language: "The following ARTICLES shall be considered articles of COMPACT between the original States and the People and States in the said Territory, and forever to remain unalterable, except by coMMON CONSENT." These fundamental articles secure to the people of the Territory, first, freedom of religious worship; second, the benefit of the habeas corpus and trial by jury; third, the encouragement of religion and morality; fourth, that the Territory shall forever remain a part of the confederacy; and the fifth article points out and declares the number and boundaries of the States to be formed in the Territory, defining the northern boundary of the eastern State (Ohio) to be an east and west line drawn through the southerly bend or extreme of Lake Michigan." Upon this provision of the ordinance Michigan bases her right to the territory claimed by Ohio. If Congress 'can take from her this right, she may be deprived of every other which she possesses under the ordinance; ALL THE ARTICLES of that instrument being declared "articles of compact between the original States and the people and States in the said Territory, and forever to remain un- alterable, except by COMMON CONSENT." Will it be contended then that Michigan is not a party to that compact, or that it can be altered without the consent of the people within her territory, or the State soon to be formed within her boundaries? With this view of the subject, it is left for the nation to determine whether Ohio has not evinced a disposition to disregard the fundamental laws of the country in her present attempt at seizing upon a portion of country justly belonging to Michigan. The Governor declares that "the question of boundary, if existing at all, is between Ohio and the United States." Without yielding to this suggestion, I would respectfully ask if his Excellency had not overlooked the fact, that the delegation of Ohio in Congress were urging her claim upon the General Government at the very time when he recommends that she should take the remedy in her own hands, and seize possession of the territory in dispute? I mention this to show that Ohio is governed by no fixed rules of justice, but rather by an eager and greedy disposition to grasp after territory and power. The contrast between the conduct of Ohio and Michigan, through the whole course of this controversy, is worthy of consideration. In all her movements, Michigan has evinced a wish to await the final adjustment of the question in the mode pointed out in the constitution. She might have involved herself in a dispute with Indiana, had she desired controversy; but, while she holds a claim to a district of country now in possession of that State, she has been willing to leave it to the final judgment of the Supreme Court of the United States, rather than be involved in a conflict for jurisdiction with a neighboring State. Had Ohio followed a similar course, a controversy, which may ultimately lead to serious consequences, would not now be apprehended. Michigan looks to such an event with painful apprehension. Against the enemies of our common country her citizens will always be ready and eager to act, but, in a controversy between friends and neighbors, they reluctantly embark. Even though painful it may be, and however reluctantly they may undertake it, the people of Michigan will protect their rights from encroachments, let the attempt come from whom it may. To meet such a contingency, the Legislative Council of this Territory have passed a law, making it penal for an officer of Ohio to exercise the functions of his office within the limits of the present jurisdiction of Michigan. I enclose you a copy of this law. You will also find enclosed the copy of a letter of instructions to General Joseph W. Brown; the course marked out for him will be strictly followed, in the event that Ohio still perseveres in what she has undertaken. Under the circumstances of the case, it is submitted to the President how far the Government of the United States can intercede in preventing this controversy. It is brought upon Michigan unsought. The determination she has come to has not been hastily formed. Although with them, I trust, in spirit and feeling, I am but the humble instrument, borne forward and sustained in the sentiments I have avowed by the united voice of the people of Michigan. I have the honor to be, Your obedient servant, STEVENS T. MASON. DEPARTMENT OF STATE, Washington, March 14, 1835. SIR The Acting Governor of Michigan has made known to the President his apprehension, that a collision may take place between the authorities of that Territory and those of the State of Ohio, in consequence of measures about to be taken for extending the jurisdiction of that State over the territory in dispute between Ohio and Michigan. The President, confident that both parties will do justice to his motives, has instructed me to express to your Excellency and to the Acting Governor of Michigan, his earnest hope, that the exercise of mutual forbearance and prudence will render such a result impossible: he trusts that both parties will see, that the question at issue is one which, from its nature, does not permit any other than a peaceful decision. It appears to him, that as the State of Ohio has already brought the subject before Congress, it should be left for the action of that body. In any event, the formation of a State Government in Michigan will soon afford an opportunity for obtaining a judicial decision. It is with these views that he has directed me to make this appeal to the forbearance of both parties, who, however they may be geographically divided, must be fully sensible of those obligations which they owe to each other, as parts of the same great political family. I have the honor to be, Your Excellency's Most obedient servant, JOHN FORSYTH, His Excellency ROBERT LUCAS, Governor of Ohio. DEPARTMENT OF STATE, Washington, March 17, 1835. SIR: Since my communication to you of the 14th instant, the President has heard with great regret, that preparatory orders have been issued, as well by the authorities of the State of Ohio, as by those of Michigan, to the militia, manifesting an intention to maintain by a military force, their respective claims to jurisdiction within the disputed Territory. The subject is now under his painful consideration, and he may hereafter decide upon communicating farther with you in relation to it. In the mean time, he has directed me, in addition to the appeal already made, to suggest to both parties, that under no circumstances, in any part of our country, can military force be justifiably used except in aid of the civil authority in executing civil process. I am, sir, your obedient servant, His Excellency ROBERT LUCAS, Governor of Ohio. DEPARTMENT OF STATE, Washington, March 19, 1835. SIR: I have already had the honor to inform your Excellency, that the President had under his most serious consideration the unhappy contro 1 versy between the State of Ohio and the Territory of Michigan. Since then he has determined upon sending one or two commissioners to confer with you and the Acting Governor of Michigan on the subject. He trusts that nothing will be done on either side until they shall have had the conference. He hopes this forbearance confidently from you, and he expects it from the Acting Governor of Michigan. I am, sir, your Excellency's His Excellency ROBERT LUCAS, JOHN FORSYTH, Governor of Ohio. DEPARTMENT OF STATE, Washington, March 24, 1835. GENTLEMEN: The President's object in selecting you to visit the Governor of the State of Ohio, and Acting Governor of Michigan, has been already verbally made known to you, and he feels sensibly the promptitude with which you have undertaken the service. The Chief Magistrate declines all right authoritatively to interfere, especially with the Governor of the State, acting under the authority of a State law. His purpose in appointing you was to confer with the Governor of Ohio and the Acting Governor of Michigan, to point out to them, with friendly solicitude, the deplorable consequences which may finally ensue if their respective claims are to be asserted in the spirit of recent preparation on both sides-consequences deeply affecting the interests of all, and fixing upon the character of our political institutions an indelible stain. It is not for the President to determine which party is right; with that he has, in this state of the controversy, nothing to do. His sole anxiety is, that neither, whether right or wrong, shall do itself and the United States the grossest injustice, by resorting to a mode of settling the question never anticipated by the framers of our admirable system of government, and not to be anticipated without detestation and horror. Whatever may be necessary to bring the question between the parties to a point at which peaceable decision is inevitable, whether through the agency of Congress, or the courts of justice, you will encourage by your counsel; whatever beyond, you must endeavor to prevent by all the appeals that can be made to the honor and integrity and good sense and patriotism of either side. -If no other resort is left, you will direct the Acting Governor of Michigan, under no state of excitement, to resort to force, under the Territorial law, until an opportunity shall be afforded to Congress to consider if that act requires to be disapproved. In giving this direction, you will explain that it is the President's expectation that the subject will be finally disposed of by Congress at their next session; or if not, that the establishment of a State Government in Michigan will soon place the Territory upon the proper footing of equality with the State, and bring the subject of dispute between them within the provision of the constitution of the United States. You will repair, by the shortest route, to that point within or near the boundary line of Ohio at which Governor Lucas and Mr. Secretary Mason are to be found, and will then, by your earnest solicitations, proceed to persuade the parties respectively to such a forbearing course on each side as will be consistent with their duties to themselves, to their respective offices, and to the honor of the country. You will be so good as to keep a memorandum of your expenses while on this service, which, with a proper allowance for the time occupied in performing it, will be defrayed at this Department. I am, gentlemen, your obedient servant, Hon. RICHARD RUSH and JOHN FORSYTH. F No. 5. Mr. Rush and Col. Howard present their best respects to Governor Lucas, and beg leave to inform him that they arrived here a few minutes ago, in execution of a duty devolved upon them by the President of the United States, which makes it necessary that they should wait upon Governor Lucas at Perrysburg, in the hope of having the honor of an interview with him. It is accordingly their intention to repair to Perrysburg, after they should have an opportunity of seeing the Acting Governor of the Territory of Michigan, now, as they have just been informed, at Monroe, for which place it is their intention to set out immediately. Toledo, April 3, 1835,—FRIDAY Night. Governor Lucas has had the honor to receive the note of Mr. Rush and Col. Howard, of the 3d inst. He will be happy to see them, either at this place or Toledo, as they may prefer. They will be pleased to accept his most respectful compliments. Perrysburg, April 6th, 1835. F No. 6. The undersigned have already made known to his Excellency Governor Mason, in verbal conferences, the object of their visit to this portion of our common country, and the sentiments which they were instructed by the President to express, in relation to the unfortunate condition in which the controversy between the Territory of Michigan and State of Ohio is now placed. They will merely, therefore, repeat, that, as respects the rights of the respective parties, the President, as Chief Magistrate, wishes to express no opinion at the present moment, because he considers it a question peculiarly proper for adjustment by Congress, and which that body will, at its next session, in all probability, examine and decide. All that the President feels himself authorized to do at present is to appeal to the respective authorities of the Territory and State, to enforce their claims to the jurisdiction of the tract of land, which both allege to be included within their boundaries, with such a spirit of moderation and forbearance that violent collisions may be avoided. His great object is the preservation of public peace. Looking to the preservation of domestic tranquillity |