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Surveyor General's Office,
CHILLICOTHE, Nov. 26th, 1817.
I have received yours of the 25th inst., requesting information relative to the Northern boundary of the state of Ohio, &c. In answer to which, I have the honor to observe, that the boundary line has been run by Mr. Wm. Harris, one of our most experienced and accurate Surveyors. I enclose with this a copy of his returns to this office, in which you will see that in running a due east line from the southern extremity of Lake Michigan, that line struck Lake Erie 7 miles, 49 chains, south of the mouth of the Miami of Lake Erie. He therefore, laid off the Northern boundary on a line direct from the most northerly cape of the Miami Bay to the southern extreme of Lake Michigan; both of which lines are laid down on the map enclosed—the latter line of which is in conformity with the 6th section of the 7th article of the Constitution of the state of Ohio. But as Governor Cass, of Michigan, has taken exception to this mode, and as the question of jurisdiction is a delicate one, and in which you, as Governor of Ohio, are equally interested with Governor Cass, of Michigan, I enclose, for your information, a copy of his Communication to me on that subject, and my answer thereto, which papers will afford you all the information you require.
I am, &c. &c. (Signed)
E. TIFFIN. Governor WORTHINGTON,
Extract from Governor WORTHINGTON'S Message to the General Assem
bly of Ohio, December 10th, 1817.
“ The Northern Boundary of the State, has been lately ascertained under the authority of the United States. The paper marked No. 6, will give you the necessary information on the subject, (see the Surveyor General's letter to Governor Worthington, dated November 26th, 1817, marked G. in the preceding documents.) It is very important that the question of boundary, should be settled with the least possible delay, as otherwise, much difficulty may result from a disputed jurisdiction."
This part of the Governor's Message, was referred to a select com mittee, and on the 20th of January, 1818, Mr. Coleman, from said committee, made the following Report, viz:
The committee to whom was referred so much of the Governor's Mes
sage as relates to the North Boundary of the State, report as follows, viz:
That the North Boundary of the State of Ohio, adjoining the Michigan Territory, having been run during the last season, by order of the General Government, it was ascertained that a line running due east from the most southern extreme of Lake Michigan, intersected the Miami of the Lake, several miles from its mouth, and Lake Erie, some distance east of said river—and it being provided by the sixth section of the seventh article of the Constitution of this State, that if the southerly extreme or bend of Lake Michigan, should extend so far south, that if a line drawn due east from it, should not intersect Lake Erie, or if it should intersect the said Lake, east of the mouth of the Miami 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 southerly extreme 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, north-east, to the Territorial line—which line, from the most northerly cape of the Miami Bay, was also run agreeably to the above recited provisions of the Constitution. Your committee are of opinion, that the Congress of the United States fully assented to the aforesaid provision of the Constitution of this State, in their acceptance of this State into the Union, with their Constitution containing the aforesaid provision. Your committee, therefore, recommend the adoption of the following resolution:
Resolved by the General Assembly of the State of Ohio, 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 ii intersects a line running due north from the mouth of the Great Miami River, as the North Boundary of that part of the State of Ohio adjoining the Michigan Territory.--[Passed both Houses without a division, January 29th, 1818.]
NOTE.–From the foregoing, it appears that the line run by Harris, in 1817, as now claimed by Ohio, was run under the direction of the Surveyor General of the United States, by authority from Congress: That the line thus run was reported by the Surveyor General to the Governor of Ohio, and by him communicated to the General Assembly : That it was referred to a select committee, who, after examining the subject, made a report, accompanied with a resolution approving the line run, and reported to them by the Surveyor General of the United States, unanimously accepted it, and by resolution declared it to be the true Northern Boundary between Ohio and Michigan Territory. The power of the General Government was unquestionably exhausted in the case, when the line was run, and
referred by their authority to the State, as the true constitutional boundary. This was done before Governor Cass procured an order from Secretary Crawford to have Fulton's line run.
APPENDIX TO THE GOVERNOR'S MESSAGE.
Extract from the Charter of the Province of the Massachusetts
Bay, in New England. 7th October, 1691.
William and Mary, by the grace of God, King and Queen of England, Scotland, France and Ireland, defenders of the faith, &c. to all to whom these presents shall come, Greeting:
We do, by these presents, for us, our heirs and successors, will and ordain, that the territories and colonies commonly called or known by the names of the Colony of the Massachusetts Bay, and Colony of New Plymouth, the province of Maine, the territory called Acadia or Nova Scotia and the said province of Maine, be erected, united and incorporated; and we do, by these presents, unite, erect and incorporate the same into one real province, by the name of our province of the Massachusetts Bay in New England; and for especial grace, certain knowledge and mere motion, we have given and granted, and by these presents, for us, our heirs and successors, do give, grant and bequeath unto our good subjects, the inhabitants of our said province or territory of the Massachusetts Bay, and their successors, all that part of New England in America, lying and extending from the great river, commonly called Monomack, alias Merrimack, on the north part, and from three miles northward of the said river, to the Atlantic, or Western Sea or Ocean, on the south part, and all the lands and hereditaments whatsoever, lying within the limits aforesaid, and extending as far as the outermost points or promonitories of land called Cape Cod, and Cape Malabar, north and south, and in latitude, breadth, and in length, and longitude, of and within all the breadth and compass aforesaid, throughout the main land there, from the said Atlantic or Western Sea and Ocean on the east part, towards the South Sea or westward, as far as our colonies of Rhode Island, Connecticut, and the Narragansett country; and also, all that part and portion of main land,
beginning at the entrance of Piscataqua harbor, and so pass up the same into the river Newuhwannock, and through the same into the furthest head thereof; and from thence, northwestward, till one hundred and twenty miles be finished; and from Piscataqua harbor mouth aforesaid, northwestward, along the sea coast, to Sagadehock, and up the river thereof, to Kennybecky river, and through the same, to the head thereof, and unto the land northwestward, until one hundred and twenty miles be ended, being accounted from the mouth of Sagadehock, and from the period of one hundred and twenty miles aforesaid, to cross over land to the one hundred and twenty miles before reckoned up, into the land from Piscataqua harbor, through Newuhwannock river; and also, the north half of the Isles of Shals, together with the isles of Capawoch and Nantuckett, near Cape Cod aforesaid; and also, the lands and hereditaments lying and extending between the said country or territory of Nova Scotia and the said river of Sagadehock, or any part thereof.
[The old patents granted by the Council of Plymouth, for Massachusetts and Plymouth, are dated 1627 and 1629, respectively. The first Massachusetts charter granted on 4th March, 1628-9, to the patentees, (Sir Henry Rosewell and others) by King Charles I. was vacated by quowarranto, in 1684. The grant for Maine to Sir Gorges, dated April 3, 1639, had been purchased by Massachusetts in 1674. The charter of 1691, unites those several grants, and adds to them Acadia or Nova Scotia, and country lying between it'and the Kennebec river, the eastern boundary of Maine.]
Extract from the Charter of Connecticut. 23. April, 1662.
And know ye further that we, of our abundant gráce, certain knowledge, and mere motion, have given, granted, and confirmed, and by these presents for us, our heirs, and successors, do grant, and confirm, unto the said governor and company, and their successors, all that part of our dominions in New England in America, bounded on the east by Narragansett River, commonly called Narragansett Bay, where the said river falleth into the sea; and on the north by the line of the Massachusetts plantation; and on the south by the sea; and in longitude as the line of Massachusetts colony running from east to west, that is to say, from the said Narragansett Bay on the east, to the South Sea on the west part, with the islands thereunto adjoining, &c. &c.
[The first Connecticut patent to Lord Say and Seal was dated 19th March, 1631. Whether the title of the patentees had become vested in the colony of Connecticut before the year 1662, is now immaterial so for as relates to the United States. By an
agreement originally made in 1683, but not finally ratified till 1731 or 1733, the boundary between Connecticut and New York was established. But Connecticutcontinued to claimthe lands west of New York and within the limits of their charter. [See the first a legislative act renouncing all claim west of that line, is required from Connecticut.]
Extract from the grant of Charles the Second to James Duke of
York. 12th March, 1663-4.
Know ye that we for divers goods causes, &c. have &c. &c. and by these presents, &c. do give and grant unto our dearest brother, James, Duke of York, his heirs and assigns, all that part of the main land of New England, beginning at a certain place called or known by the name of St. Croix, next adjoining to New Scotland in America; and from thonce extending along the sea coast unto a certain place called Pamaquie or Pamaquid, and so up the river thereof to the farthest head of the same as it tendeth northward; and extending from thence to the river of Kinbequin, and so upwards, by the shortest course, to the river Canada northward. And also that island or islanas commonly called by the several name or names of Motowacks or Long Island, situate, lying, and being towards the west of Cape Cod and the Narrow Higansets, abutting upon the main land between the two rivers, there called and known by the several names of Connecticut and Hudson's river; together, also, with the said river called Hudson's river; and all the lands from the west side of Connecticut river to the east side of Delaware Bay. And also all those several islands called or known by, the name of Mar tha's Vineyard and Nantuckes, or otherwise Nantucket.
[The preceding grant merged in the Crown by the accession of the Duke of York (James the second) to the throne. The territory between Pemaquid and St. Croix was by the charter of 1692 annexed to Massachusetts. A part of the territory between Hudson and Delaware rivers had been transferred by the Duke of York, and formed New Jersey. The residue of the grant constituted the regal government of New York, to which the jurisdiction over the territory of the “Six Nations” seems to have been annexed.]
Extract from the Second Charter of Virginia. Sec. 6. And we do also of our special grace, &c. give &c. unto the said treasurer and company, &c. all those lands, countries,