Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-04-17
EpOyE ESTHC.
DOONDANl DEIWEEN OIIIO AND MICHIGAN.
ATroRSEY -GENERAL's OrfIcE,l
March Dist IS33

spec the disputed boundaries of the State and Tori
tory, and having also bestowed such reflection on the
ordinances, acts of Congress- and other appca
bic TO the subject the necessary brevity of the
allowed me has permitted, j shall now proceed
the question, whether the President has any autho
ry to interfere in this controversy and if So in what
manner?
The President is fully acquainted with the origin
progress and present state of this unfortunate dispute
that shall deem it sufficient in the following remarks
to advert to such only of the facts connected with it,
may be necessary to correct understanding of my cpl
Mon.
The Territory in dispute comprchcnds tract lying
East of the norheasiery part of the State of Indiana
north of line drawn due from the southern extreme
OF Lake Michigan, and south direct line drawn from
the southern extreme of Lake Michigan the most nor
thcry cape Of the Miami Maumce bay, on Lake Eric
1t extends in length from the east line of Indiana to
Lake Erie and supposed TO be about nine miles wide
at one end and about five at the other 1t is and
Tor several years past has heen under the actual and
FAR as respects the State of Ohio the exclusive urisdc
ton of the territorial government of Michigan
The merits of the controversy fully discussed
before committees OF the last Congress- by MIR Vinton
one of the members of the House of Representatives
the State of Ohio in behalf of the delegation of that
State and Mr. Lyon the delegate from the Territory of
Michigan, in elaborate written arguments, which have
since been printed for the of Congress The gene
raj object OF these arguments was the part of Ohio
to establish the right of that State the Northern
OF the two lines above mentioned her boundary
and TO obtain from Congress final settlement the
subject by act recognising that line, authorizing
accordingly, the extension of her limits and jurisdictions
ON the part of Michigan to show that under the com.
pact ana contained IN the ordinance of l7S7 referred
to in the act erecting the Territory Michigan the peo
pie OF the Territory entitled oaly as regards
ONO, but also regards Indiana and Iiuois South
eIn boundary TO be described by line running due East
and due West from the Southern extreme OF Lake Mi
chigan. In the references herena made 10 the claims
and arguments of the respective parties will be un
dcrsood that refer to these papers, unless some other
reference is expressly named
In respect TO the power of the President TO Interfere
with this subject 1t is proper to premise, that whether
Its final settlement belongs exclusively to Congress or
to the Judiciary is very clear tina, does not apper-
tam to the Executive, separate department lin ac
cordancc with this principle, although shall be Obliged
10 state my views upon one two OF the subordinate
points, more or less connected with the principal con
roversy, shall carefully abstan only from the OK
preston of any opinion concerning it, any such
investigation of its merits might enable me TO form
decided opinion thereon.
1t is only in obedience the constitutional ajunction
to take care that the laws be faithfully execUted that
the President can be required authorized interfere
in any of the matters growing Of this controversy
1t is therefore our first business ascertain whether
any acts of Congress, in force, likely be OBJ
sructed in their faithful execution, by the steps taken
about to be taken by either of the conendng parties
In my judgment there is to apprehend, that the
acts which provide for the organization and government
OF the Territory of Michigan, may be thus affected
The first of these laws, approved the Eth of Janua
ry, 1905 enac that from and after the first day of June
then next call that part of the Indiana Territory achich
ICES north Of line dTdicR eaS from Me Ouihcrl LeRd or
ertTeme Of Lake Michigan, until Sh0H interSect Luke
Ere, and east of line drawn from the said southery
bend through the middle OF said Lake its northern ex
tremy and thence due north northern boundary
of the United States SHALL for the purpose Of temporary
government constitute separate Territory, and be cali
cd Michighn; and establishes 'toiin tie sud Terrt0ry"
Territorial Government similar to that provided for by
the ordinance of l77 and by the law of 1888 adapting il
to the Federal Constitution The line given by this act as
the southern boundary ofhe Territory the claimed
and TO which Jurisdiction is now held bv the
Michigan. The acts ofthe 10th of February 1919 Eau
thorzing the election Of Delegate from the Michigan
Territory, to the Congress of the United States and
tending the right Of suffrage TO the citizens of said Ter
ritory of the Sd of March, 1898, to amend the ord
nance and acts of Congress for the Government of the
Territory of Michigan and for other purposes Of The
9th Of February e25 in addition the last mentioned
law and of the 29th of January 1877 to ALLOW the
citizens of Michigan TO elect the members Of their L.
gslaye Council, and for other purposes make various
provisions for the Government of the Territory aud
thorze among other things its division into couates and
townships, and the appointment of county and township
officers, well the exercise Of Executive Legislative
and Judicial powers in and the whole Territory as
described i'll the act Of the 18th of january 1905
But though the southern boundary claimed by
the authorities of Michigan thus given that Teri
tory, by the act of lS05 and implicitly retained by all
the subsequent acts Just referred to- is by no means
knowledged by the State Of Ohio On the part Of tiat
State it is alleged that much of The of 1905 as re-
lates to the southern boundary of Michigan inercrcs
with he true northern boundary of Ohio pre- yiousy
tabshed by her constitution and by the action of Com
gress and is therefore null and void
To understand the ground Of this objection and TO es
innate its force 1t is necessary to advert TO the constu
ton OF Ohio and to the Congressional proceedings which
preceded and followed its adoption.
BY the act Of the Both Of April, 1902 authorizing the
People Of the eastern division Of the Northwest Terrific
~ (ie State Of Ohio to form a Constitution and
State Government 1t was enacted, chat the said State
shall consist OF all the territory included within tie fol-
lowing boundaries, to wit bounded tic east by the
Pennsylvania line the south by the Ohio river to the
mouth Of the Great Miami river the by the line
drawn due north from the mouth Of the Great Miami
aforesaid and on the north byan aAd toc line yairn
through tie souheTy ertTc'ne If Lae Wchgan aad run
ming east, after ncrsectng the due north line aforesaid
from the mouth of the Great Miami URtd IL shaH inter
sect Lpe Erjo the feroriai line and thence with the
through Lake Erie TO the Pennsylvania line aore-
said PrOUded, That Congress shall be liberty at any
time hereafter either 90 attach the territory living east of
the line TO be drawn due north from the mouth the Mia.
mi aforesaid, 70 the territorial line and north ofan and
west line drawn through the 5oucrly extremity Of Lake
Michigan running east aforesaid Lake Erie 10 the
aforesaid state or dispose Oft otherwise n conformity
the fifth article Of compact between the original States
and the People aud States be- formed in the territory
northwest Of the river Ohio IL will be- perceived at
the line prescribed n this act for the northern boundary
Of Ohio, is the same with that claimed by Micbipa1.
subject to the right Of Congress TO alter that boundary
by attaching 70 Ohio the territory lying immediately
north Of it.
The sixth section Of the seventh article Of the Consii.
tuition Of Ohio, adopted OH the 18th Of November 1sC2
declares that the limits and boundaries yfthe State are
90 follows that is % say, bounded the East by the
Pennsylvania line tic South by the Ohio river 10 the
mouth Of the great Miami river; The West by the line
drawn due North from the month Of the Great Miami
aforesaid; and The Month bVap East and Ipesf line.
dr0'on through The sOUhcriy egtromc Of 0keNic00 run
sg east after ntersectng the due north line Aforesaid
irom the mouth Of the Great Miami, until shall inter
sect TAKE Erie, 0ro territorial kac and thence with the
same through lake Erie to the Pennsyyans line afore
said ProDided always and is hereby fully understood
and declared by this Convention that III the southerv
bend extreme Of lake Michigan should extend 30 a.
south that line drawn due east from il should not in