southern extreme of Lake Michigan, the north boundary of Indiana, is void, and of no effect.

The committee think decidedly otherwise. They believe that the true interpretation of the words referred to, in the second section of the act of 1805, has heretofore been given by Congress; that they must be construed to mean, that the rights granted by them are of a character, not inconsistent with the avowed purpose of the law in which they are used. And as that law is expressly declared to be "for temporary purposes," no part of it can be rightly interpreted to secure advantages of perpetual duration. Many other acts of Congress, in support of this conclusion, could be adverted to. One only will be adduced.

By an act approved April 18th, 1818, (App. D 6.) the inhabitants of Illinois were enabled to form a State Government. In the seventh section of that law, it is enacted that all the territory north of Illinois and Indiana, and not previously included in Michigan, shall be attached to, and made part of, that Territory; and it is declared, that all "the inhabitants therein, shall be entitled to the same privileges and immunities, and subject to the same rules and regulations, in all respects, with the other citizens of the Michigan Territory."

This enlargement of the limits of Michigan, it may properly be said, has been assented to by its inhabitants: because their constituted authorities, their Governor, judges and Legislative Councils, have, since the passage of the law of 1818, exercised jurisdiction throughout the whole territory east of the Mississippi, west of the Detroit river, and north of the three States bounded on the Ohio. Why then have not the inhabitants west of Lake Michigan been permitted to participate in the formation of the constitution which has been offered for the approval of Congress? Why may not the act of 1818 be construed to be a determination, on the part of the United States, that there shall be but one State north of the east and west line? By what authority have the inhabitants, west of Lake Michigan been deprived of all advantages of government?

It is true, Congress, in the act enlarging the boundaries of Michigan, has reserved a right to form, hereafter, a State west of Lake Michigan; and it may be said that the rights and privileges which have been granted to the people of Ouisconsin, are to be enjoyed subject to this reservation. But then it is equally true, that Congress, in the act of 1902, passed prior to the creation of the 'Territory of Michigan, has also reserved power, with the consent of Ohio, to annex to that State all that part of the territory in which the State of Michigan has been formed, that lies east of a line drawn due north from the mouth of the Miami to the Canada line.

Neither one of these reserved powers has yet been, nor is it probable, that the one last mentioned, will ever be exerted. But until they are surrendered, they cannot be abrogated by the Legislative Council of Michigan. That portion of the inhabitants who have undertaken to form a State Government for Michigan, have not a right to throw off this Territorial Government, more perfect than that possessed by all the inhabitants of Michigan Territory, included within the boundaries as enlarged by the act of 1818.

If the language in which Congress, in the second section of the act of 1805, has granted to the people east of Lake Michigan certain rights and privileges, is to be construed so as to abrogate the provisions of the law, of 1802, because it confers powers not to be exerted in harmony therewith,

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then, by the same rule of interpretation, words of like import to that language, used in the seventh section of the act of April, 1818, must confer on the inhabitants west of the same lake, authority to unite in the formation of a State Government, notwithstanding the conditions which accompanied the annexation of their territory to that which had been previously established.

Concluding then that Congress has neither exerted nor delegated to the Territorial Government of Michigan, its power to form one or two more States northwest of the Ohio river, we proceed to inquire respectfully how the trust for that purpose created, ought to be executed so as to ensure a full development of all the resources of the fertile country to be affected, and be consistent with the obligations and duties of the United States; tothe States of Ohio and Indiana; to the inhabitants of Michigan; and to the States of the Union.

Congress has authority under the ordinance to form but five States in the Northwest Territory: three of these have already been constituted, having together an area of 139,084 square miles. There is in Ohio, (exclusive of the disputed ground,) 40,320; in Indiana, south of the east and west line, 42,054; and in Illinois, 55,610 square miles.

The Territory of Michigan as at present organized, which includes Ouisconsin, has an area of more than 160,000 square miles; the surfaces of the lakes being excluded in each calculation. In the proposed State of Michigan, there are 45,550 square miles, including the disputed ground embraced in the boundaries of Indiana, and that contended for by Ohio. Of the disputed ground, 1,100 square miles would remain in Indiana, and 526 be annexed to Ohio, if their respective claims are satisfied; and in that event, the area of the first named State would be 43,154, and that of Ohio 40,846; deducting from Michigan all the land contended for by Indiana and Ohio, and its superficial extent will be 43,924 square miles, so that with or without jurisdiction over any part of the territory in dispute, Michigan has, in the limits recognised in its constitution, an area, exclusive of the surfaces of lakes, greater than that of either of the two States referred to. And after subtracting the area of Michigan from that of the whole territory to be formed into two States, there will be more than 115,000 square miles, to be formed into one State hereafter, because the ordinance ought not to be disregarded. Apart then from the duty imposed on Congress to guard the just rights of Indiana, and to adjust the controversy between Michigan and Ohio, it seems to be obvious, that Michigan ought not to be admitted into the Union with the boundaries claimed in the constitution which has been submitted to Congress.

If that should be done, our successors will be compelled at a future day, to admit into the Union, a State nearly equal in extent to any other two States of the confederacy. But the committee believe it is the solemn duty of Congress to settle now and forever, if possible, that most disagreeable controversy between Michigan and the adjacent States, which has already disturbed the quiet of the Union, and inspired the enemies of our excellent institutions with a hope, that a violent conflict between the contending parties will demonstrate, that an armed force alone can arbitrate the differences which will unavoidably arise between the States of the Union. As to the origin and present aspect of the controversy between Ohio and Michigan, it is unnecessary to say much. All the documents necessary to illustrate it are familiar to the House. Such of them as will be adverted

to, in the subsequent parts of this report, are to be found in the appendix marked E and F.

This difficulty has its origin in the misapprehensions which have existed as to the true latitude of the southern extreme of Lake Michigan.

In the law authorizing the people of Ohio to form a State Government, it is declared, that the State to be formed, shall be bounded "on the north by an east and west line drawn to the southerly extreme of Lake Michigan, running east, after intersecting the due north line aforesaid, from the mouth of the Great Miami, until it shall intersect Lake Erie or the territorial line, and thence with the same through Lake Erie to the Pennsylvania line." App. D 2.

It has already been shown, that this law was passed when it was supposed that Lake Michigan did not extend further south than 42° 20' of north latitude. Before, however, the convention which assembled to form a constitution for Ohio had adjourned, information was received by the members of it, that led them to doubt whether the north boundary proposed by Congress would intersect Lake Erie north of the mouth of the Miami river. If it would not, it was manifest that a large proportion of the inhabitants of that State who were to reside on the tributary streams of that river, would be very seriously incommoded. To guard against this, the convention refused to ratify, unconditionally, the boundary proposed by the United States, but declared in the constitution to be submitted to Congress for approval," if the southerly bend or extreme of Lake Michigan 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 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 territorial line to the Pennsylvania line." The constitution, with this proviso, was submitted to Congress for approval, when the State applied to be admitted into the Union, and the proviso was not directly rejected or ratified.

At that period the land lying between the line proposed by Congress and that asked for by Ohio, together with a large proportion of the territory adjacent thereto, was occupied by the Indians, as it continued to be for many years thereafter. In consequence in part of this, no means were adopted to ascertain the latitude of the point at which the north boundary line of Ohio was to commence. In the interim the Territory of Michigan was established, and a line (without being surveyed or marked) drawn due east from the southern extreme of Lake Michigan, was declared to be its south boundary.

After being repeatedly urged by Ohio, through its Representatives, to give a final answer to the proposition contained in the proviso to the constitution of that State, Congress, on the 4th of January, 1812, appointed a committee to inquire into the expediency of confirming the northern boundary of Ohio, as designated by the constitution of that State. And on the 20th of May of the same year, a law passed directing the surveyor general to have surveyed, marked, and designated, the northern boundary of Ohio, agreeably to the line established by the act of 1802, and to have made a olat or plan of so much of the boundary line as runs from the southerly

extreme of Lake Michigan to Lake Erie, particularly noting the place where the said line intersects the margin of said lake, and to return the same when made to Congress." App. E 5.

Under this law, two lines commencing at the southern extreme of Lake Michigan were surveyed and marked. One by Harris, which accords with the proviso in the Ohio constitution, and the other by Fulton, which was drawn due east from the point of commencement to Lake Erie.

In consequence of the intervention of war, Harris's line was not run until 1817, and on the 29th of January, 1818, the General Assembly of Ohio declared that they would consider Harris's line as the northern boundary in part of the State. But Congress did not confirm either Harris's or Fulton's survey.

The question still remained open until it was known that the people of Michigan were about to apply to Congress for permission to form a State Government. On the 14th of December, 1831, the Legislature of Ohio addressed a memorial to Congress, praying that measures might be adopted for the speedy and permanent establishment of the dividing line between that State and the Territory of Michigan: and on the 14th July, of the same year, a law passed, directing the President of the United States to cause to be ascertained, by accurate observation, the latitude and longitude of the southerly extreme of Lake Michigan; the latitude and longitude of the most northerly cape of the Miami bay; also, the point at which a direct line, drawn due east from the southerly extreme of Lake Michigan, will intersect the Maumee river and bay.

The execution of this law was confided to Captain Talcott, who has reported to the Chief Engineer that "the most southern extreme of Lake Michigan is in latitude forty-one degrees, thirty-seven minutes, seven seconds north, and that the north cape of Maumee bay isin latitude forty-one degrees, forty-four minutes, seven seconds, north.

These details, although minute and tedious, it has been supposed ought to be given, so as to present clearly the nature and origin of the claim of Ohio. Much matter concerning it has been omitted, that may be found in the discussions to which it has given origin. It has been passed by, because it is supposed to have no immediate relevancy to the issue to be tried, and to be calculated only to incumber the memory and distract the judgment.

It is, for instance, unnecessary to inquire, whether either or both of the parties claiming the land lying between the "Harris's" and "Fulton's" line, are now, or have been, exercising jurisdiction over the same? Whether any one of the representatives of Ohio or Michigan has signified opinions for or against the validity of their respective claims. It suffices to know, that the United States have not decided that the proposition made by Ohio, in the proviso to its constitution, is unreasonable and ought not to be acceded to, and that the State of Ohio has not agreed to accept of "Fulton's” line as a part of its north boundary; and, also, that those parties have competent authority, at this time, to fix that boundary.

It is certain that the Congress of 1787 was mistaken as to the true location of Lake Michigan. Proof of that has been already exhibited. If additional evidence is needed, it may be found in the fact, that a due east line, drawn from that point, would pass through part of Lake Erie, and then separate from the adjacent territory about three thousand square miles of land in the northeast corner of Ohio, before it reached the line of

Pennsylvania. No one will suppose that it was in contemplation to form a State, in part of the peninsula of Michigan, and connect it with these three thousand square miles, notwithstanding the intervention of the broad surface of nearly the whole of the lake.

Testimony has likewise been adverted to, to show that it was supposed by Congress and the people of Ohio, in 1802, that the southern extreme of Lake Michigan lay so far north, that a due east line drawn therefrom might touch the Canada line without first passing through Lake Erie. When, then, it was proposed to form a State in the eastern division of the Northwest Territory, and to make an east line, drawn from the southern extreme of Lake Michigan, in part its northern boundary, the people of Ohio, to whom the proposition was submitted, and the United States, each supposed that such a line would leave within the limits of Ohio not only the Maumee bay, but also the river Raisin and many of its tributary streams. The preposition submitted, therefore, was tantamount to one seeking to make the north boundary of Ohio, in part, by a line drawn due east from a point on Lake Michigan forty-two degrees twenty minutes north latitude.

If the boundary which was proposed had been explicitly agreed to by the Ohio convention expressly, while the geographical error in which it had its origin still existed, it may be questioned whether it would become the United States to take advantage of a manifest mistake, and insist on an adherence to the strict letter ofthe law. But when the representatives of the people of Ohio, in convention, most cautiously endeavored to guard against the consequences which might grow out of this error, it does not seem to be equitable that the mouth of one of its most important rivers, draining, as it does, some of its most productive lands, should be placed under the jurisdiction of a neighboring community. Let it be remembered, too, that the people of the eastern division of the Northwest Territory, when was proposed to them to form a State, had a contingent vested right, under the ordinance, to form into a State all that part of the territory which lies east of a line drawn due north from the mouth of the Miami to the Canada line, whenever the number of free inhabitants therein were sixty thousand. And it will be perceived, that when they were requested to accept of the oft named east line as a north boundary, they were asked to surrender a jurisdiction that might have become valuable and highly important.

The desire of Ohio to have jurisdiction over the mouth of the Maumee was, it is believed, supposed to be reasonable by Congress in 1812, and in 1832, on which occasion alone the United States have indicated an opinion on the subject, and we see no good cause why the present Congress should conclude now to the contrary.

In the act of 1812, the surveyor general was directed to note particularly the point where an east line, drawn from the southerly extreme of Lake Michigan, would interseet Lake Eric, and to return a plot showing the same to Congress.

In 1832, the President was directed to cause to be ascertained, by astronomical observations, the latitude and longitude of the southerly extreme of Lake Michigan, and of the point where a line drawn due east therefrom would intersect Maumee river, and, also, of the north cape of the Maumee bay, and to have the result of such observations returned to the proper department.

These minute directions, to be found in the laws referred to, manifestly indicate an opinion on the part of those who passed them, that the claims