Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-04-17

tlC OOunuaTy TINS StaiC snail Csiabsed
by, aud extended TO, direct line, running from the
southern extremity of lake Michigan the most north
eriy cage of the Miami bay, after nteIscctng the
n1rth line from the mouth OF the Great Miami, thence
northeast 10 the territorial line and 10y the said terrtori
al line TO the Pennsylvania line"
IL may be here observed, that the exact position of
Luke michigan this time unk nown and that the
ne described in the proviso above quoted, the
now claimed by Ohio.
ton, the Convention OF Ohio also passed ordnance
accepting, in modified MANNER certain propositions
'ntancd in the law o. let2, by which Congress offered
II the Convention to grant To Ohio school lands
and road money Copies Of the Constitution and Ordi.
nance having been laid before Congress the House of
Representatives, On the I'D of December, 1S02,
ferTed them To committee, with instructions sex
anime the matter thereof and report the same with
their opinion On the I'd of February 1903 this COM
tce reported certain resolutions in relation the Or
dinancc, which subsequently embodied in bill
passed by both Houses, anu approved the Sd of
March, lcO3 In regard to the provso concerning the
northern boundary OF the State the report of the com
mttce contained only the following remark The pro-
vso contained in the sixth section of the seventh Article
oil The Constitution OF tho State of Ohio respecting the
northern boundary of that State dcpending On, fact not
yt "Scortded and not being submitted in the shape of
other propositions from the Convention Congress- the
committee have thought il unnecessary TO take nj this
time, into consideration
la the mean time, and the 9Th of January 1903 the
senate hau passed resolution directing committee TO
inquire 'whether any, and if any, what legislative
measures may be necessary for admitting the State of
ONO INTO the Onion and for extending TO that State the
laws oil Inc United States. This committee, the 19h
OF January leC3 made report approving in general of
the CONSTITUTION but taking specific the pro-
viSo above quoted. The committee submitted no rcsolu-
ton, but suggested that it was necessary to establish
District Court within the State carry into complete
effect the laws of the United States within the SANG
On the 2st Of January the report was re commit,cd
with directions to report bill according to its principles
And ON che .ti, bin reported provide for the
due execution OF the laws of the United States within the
STATE OF Ohio ); which, having passed both Houses with
out amendment, was approved, and became law the
18th OF February, lSO3 This the laws he
United States 10 the State of Ohio and organizes Dis
tr'ct Court with It's officers, &c, but contains
press assent to- nor provision concerning the Consttu
on OF the State. In the preamble prefixcd it, IL is
however, rcccd that the people of the Eastern division
of the Territory Northwest of the Ohio had formed
Constitution and State Government and had given TO
the said State, tho of the estate of Ohio in pur-
suanec ofthc act of Congress of the Both of April 1869
ehcebye said Sate has become ofthe Lnited States
of.4mertca."
Upon this part of the case il is contended by the au-
thortcs of the State of Ohio, that the Congress of the
United states by the admission of Ohio the Union
win inc foregoing provisions and declarations in the
Constitution, rirtaity ratified, approved of and
to, the same and thereby confirmed the northern boun
dary oil the State described by the line mentioned i'm
the proviso This proposition is controvcrted by the a-
thorites of Michigan, in whose behalf contendcd
that the convention of Ohio had authority under the
act of 1902 to insert in their Constitution any such pro-
posa as that contained in the provso that Congress had
power to look into that Constitution excen 10 see
whether IL was republican in its character and that adj
uniting the State into the Union, under the circum-
stances above mentioned Congress did not assent even
TO the PT0r'So much less to the proposition expressed
in it,
Finding it necessary to examine this branch of the
case, lnorder TO determine the validity of that part
the act of 1919 which relates the southern boundary
OF the Territory of Michigan have given to il an anx
Ious, and trust, dspassionate considerations As its
result, am constrained saw that i'm my iud0lne Mt
neither othc conflicting propositions above stated is en-
hrely correct IL does not appear TO me, that the
vchtion oil ONO transcribed their powers, in proposing
for the consideration OF Congress the ultimate extension
of the northern limits of the State the manner suggest
ed IN The Proviso And express objection made
to any part of the Constitution think it the soundcr
opinion, that Icy the admission of the State into the Union
tn" Congress of the United States implicitly assentcd TO
the provso, well as to every other part of that nstru-
ment
But the assent of Congress- thus virtually given TO
the proviso, is thing and its the actual and
present extension Of the Northern boundary of the State
proposed in the provso is in my opinion another and
very different thing If the proviso had not been in.
corporated in the Constitution had been rejected by
congress, the North line of Ohio, Notwithstanding the
subsequent ascertiinment or any particular Com
corning the exact position of Lake Michigan, would
have been rrevocably fixed described in the of
lcO2, and in the body of tie sixth section of the
venih article of the Constitutions subject only the
right of Congress attach Ohio that part of Michigan
lying immediately North Of it. To meet the contin-
gency of the future ascertainment of such fact then
unknown and to keep the subject open for the future
ton OF Congress- The proviso was carefully Inserted
by asserting TO it, Congress, appears me merely
agreed, that IT the geographical fact suggested in the
proviso should thereafter be asccrtaned 10 exist thcn
and in that case the Northern boundary of the State
should, If Congress thecupon asscntcd be extended to
the more Northery line specified in the proviso. In
other words, the actual and authorized of that
boundary to depend the Of two
ditons prccedentTSt the ascertanng of the geogra-
IN the pfOVlSOj and SccORdlU, the
assent OF Congress 'ten and in that ease TO be given
TO such extension And in the time the line drawn
due East from the Southern of Lake Michigan
was Professionally fixed the Northern boundary of the
State of Ohio.
The uuanimity with whit the Executive and Lcgis-
loture OF Ohio nave recently taken the contrary position
may well admnnsh him who questions it, to do so wnh
great decTcuce to their opinions and with dstrus
to the accuracy of his own In this discrepancy of
judgment, think may derive much support from the
practical construction heretofore given the
o Congress by that body and by the Representatives in
1t from the State of Ohio herself
On the "a of November 1903, (being "A. early day in
the OF the first Congress in which Ohio was re-
Presentcd0 the Senate adopted resolution in the fol-
lowing words:
Resoteed, That the proposition Of the Convention of
America, contained in the sixth section OF the seventh
article fthe Constitution of that State be referred TO
Committee, with leave TO report thereon bill or other
wise"
OF this Committee, Git being the same to which a pc
luton Tor the erecting territorial government in ind
ana, had been previously reerrcd,) Mr.. Worthnetnn
OF the Senators Of Ohio, was the Chairman
vide the Indiana Territory separate govern
uchts 0nd gtrtng TIC assent t Congress to tie proposi-
ton 0t The CORroHiOa Of Ohio contained i'm the proviso
The bill passed the Senate though until that part of
1T giving the assent OF Congress TO the proposition of
OHIO had been stricken out but lost in the House
OF Representatives. IL revived the ensuing scs-
sion Di Congress- and having passed without any prov-
sion IN relation to the northern boundary Of Ohio was
approved on the lth Of January 1905; and as before
stated, il expressly declared that the territory lying
East OF the middle of Lake Michigan should be bounded
on the South by line drawn East from the southcriy
bend Oh extreme Of Lake Michigan So far from adj.
uniting that the northern boundary of Ohio had in fact