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

the northern boundary line of the United States I'm Lake
Erie; and also, the points which direct line drawn
from the souihery extreme of Lake Michigan most
Sou;hery point in said :hern boundary line of the
United States, will intersect the Miami river and bay
ana aiso that he To be ascertancd by like
ton, the point the Mississippi which IL due West
from the southe'y extreme Of Lake Michigan and that
the SAID observations be made and the result thereof
returned to the proper department within the
year
very obvious, from the provisions of this law that
all the questions of fact with this conrovcr
sy, were carefully attended framing provisions
aud it is believed TO be fair inference from those prov
sions that the existence of the particular
fact suggested in the Ohio constitutions had BEEN
lately as 1892 asccrtained with such certainty
Die Congress to act upon the subject The reports SUBJ
ttcd at the next session. of the progress made i'm this
work, and of the time it would require led provision
IN the general appropriation law OF the 2d March, 1888
extending the time for making these observations and
turns, until the 3lst of December 1885 and making fur
ther appropriations for the purpose. From the subse
qucnt reports of Captain Talcot the engineer whom
the duties prescribed by the of 1882, were commit
tcd appears that considerable progress has been made
in their execution but that the whole of the present year
Will probably be required to complete them.
Without dwelling longer this poirt, have the ho
nor to state as the result of my investigations rccc
tons concerning it, that they have brought to the fol-
lowing conclusions:
First That the Congress fthc United States bv rc
ceving Ohio INTO the Union without obcctino to tho
povso contained in the sixth section of the seventh ar
Gle OF her Constitution. implicitly assened to that pro-
Secondly That the assent thus given to the proviso,
did not involve include assent en- the part of Con-
gress TO the then actual and present extension of the
northern boundary to the line mentioned i'm the poyiso
being the contemplation of the parties that the decision
OF Congress upon the question of giving refusing such
assent, should be made at future day and by some flu
urc act, on the ascertainment of particular fact which
has not even yet been duly ascertained. And
TirdIy. That until this asi-nen toned assent shall
nave been been given by Congress- the in dispute
must be considered forming, legally part of the Ter
rtory of Michigan.
If am correct in these views il will then probably
be admitted all hands, that until the line provisonal
fixed by the act of 1902 and the Constitution of or;
nla af ,,1o 4
by the law of 1905 for the southern boundary of the
Territory OF Michigan shall have been altered by Con
gress or by the decree of some competent iudcial tr
bunal II will be the duty of the President to consider
as the boundary of the Territory of Michigan; and TO
protect and maintan in accordance with it, by such
lSgai ana appropriate measures may be within his
power, the jurisdiction and sovereignty of the United
States Such, in my opinion at least, are the duties
which now dcvolve upon him.
This leads to notice the stems recently ,oko, Ia,
the State and Territorial authorities gvinr 10 the con-
troversy the new and alarming aspect which has attract
ed the attention of the President
On the hand, the State of Ohio has posscd low
extending the bounds of her Northern counties and tho
jurisdiction OF the officers thereof the territory in
oPuie erecting part OF that territory into townships
and directing elections for township officers TO be held
therein ON the first Monday of April next; and provd
ing Tor the appointment of Commissioners mark tho
line claimed by Ohio 1t is stated in the papers before
me, that the Governor Of Ohio has actually appointcd
Commissioners under this law and that thew are cx
pected TO enter ON the performance of their duties i'm
inedatey after the first day of April next 1t is also
stated that he has taken measures for supporting the
q "A
iorcble resistance, on the part OF Michigan the exc
cution of their duties.
On the other hand the Legislative Council of Michi-
gan have passed act making II criminal offence num-
islable by fine and imprisonment in any person who
snail exercise attempt to exercise, any official fnc-
ions, or shall otflcate any Office situation within
any part of the present jurisdiction of the Territory or
within the limits of any of the counties therein as now
organised by virtue OF any commission authority not
derived from the Territory, under its laws or under
the Government of the United States and also subject
ing to the like prosecution and punishment any pcrs IN
residing within the limits of Michigan who shall accent
OF any office trust from any State authority other
han the Government OF the United States Territory
of Michigan.
The acting Governor of the Territory of Michgan has
issued orders TO Brgadier General Brown of the Militia
OF the Territory intrusng with him discretionary now
ers TO order each brigade of such militia into actual SER
vice. soon us the emergency requires it, command
ing MN 70 ass d the 6 ns IN Of 0bo the
In anticipation that the Governor of Ohio may order n
military force to sustain the commissioners and officers
OF Ohio, General Brown is further commanded the
moment he may learn that military force of any descrip
ton ordered out by the authorities of Ohio is about to
approach the disputed territory, place himself with
sufficient force of like characters on the ground in con-
estation, and to fire upon the first military officer or man
who persists in crossing the boundary line as ut presen
Claimed by Michigan, with any hostile intention or
disposition and determination, to prevent his execution
OF the previous orders
The laws thus passed by the State and Territorial Lee
gisatures, equally irrepeaabe by the President 1t
true that Congress have the power annul any law of
the Territory but until annued il will be OBLIGATORY
on all persons within the limits of the Territory unless
Or
to the acts OF Congress applicable TO the Territory The
act oil Michigan does not appear be liable to any
sucn oDlcctonj and must therefore deem valid la w
he act OF the Legislature of Ohio, extending the iu
sdchon OF that State part of the Territory Of
1chgan IS IS we nave seen, repugnant to the act of
Congress of the llt Of January, 1905 erecting that
Territory and to the acts subsequently, passed for its Co
vernmen;; and its actual and complete enforcement
would therefore involve serious violation of the
laws OF the United States. But do not think that the
mere running of the boundary line directed by that In
would IN Itself, and without any attempt TO exercise iu.
Tisdicton the disputed territory constitute crmi-
nal offence against any act of Congress- Nor would it so
lar obstruc the faithful execution of the laws of the u
States, as to require any action by the President
The mere running of the line will however consti.
tue an offence against the Territorial act of the 10Th of
February 1852 and If the commissioners Of Ohio shonld
attempt to execute the duties imposed on them by The
law OF their State, prosecutions may be instituted
them IN the proper courts Of the Territory; although If
the action OF Ohio should be confined the DESIGNATION
OF the ne IT is not perceived that there can be any ne
ccssity Tor any such prosecutions.
The I'D section Of the act of the 30th of April 1890
Tor the punishment Of certain crimes against the Uni.
ted States, provides that If any person or persons
shall knowingly and wully obstruct resist or opnosr
any officer OF The United States, in serving or attep
ing TO serve or execute any process or war.
rant, or any rule or order of any of the Courts of
or process 'catsocrcr, shall assault beat or wound
any oihcc or other person duly authorized in serving
or e-ecutng any wit, rule, order, process or war
rant aforesaid, every person s knowingly and will
tulIy offending in the premises, shall on conviction
ucreof be imprisoned not exceeding twelve months and
hnec not exceeding three hundred dollars" The oh.
strucuon by unnamed individuals, either singly or in
numbers, of tho process orders issued and made bv
the officers OF Michigan, would probably be reached b
this law. An attempt by military force actuov m