Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1846-03-13

connected with the main land by nar-
row neck, over which the Ohio flowed
only when considerably above low water
mark, 80 as then TO convert the peninsula
into an Island. The court decided against
the Kentucky claim, upon the ground that
the margin Of the river at low water mark
was the boundary line OF Indiana. Chief
Justice Marshall, in pronouncing his de-
ciSion, remarked that, "when great rv.
er is the boundary between two nations,
if the Original properly is in neither, and
no convention respecting it, each holds to
the middle. But when, as in this case,
one Is the original proprietor, and grants
the territory, it retains the river in its own
dominion, and the new State holds only 10
the river. 1t is" thowever) "thp main
permanent river which is the boundary"
lie further said: Elf it he true that the O.
bio river not its ordinary hank, is the
boundary of Indiana, the limits of that
State ran only be determined by the river
itself The same tract cannot be some-
times in Kentucky and sometimes in Indi-
ana" Yet, with this case. so clear and
strong, and no contradictory authority, the
Virginia court ware divided in opinion.
In any view Of the subject, your commit
tee regard the place where these three cit,
i2ens were seized as within the unques-
tionabc territory and exclusive dominion
Of the State Of Ohio; and they deem the
transaction, Irrespective Of whatmay have
been the character or conduct Of the ab-
ducted citizens, a gross violation Of the
territory and sovereign authority OF the
State of Ohio.
The question then arises, what action,
under all the circumstances, should this
State adopl! And the question is not
without its difficulties. Were the State Of
Ohio and Virginia perfectly Independent Of
each other, aud not Standing, as they do,
in the Re elation Of sister States in the Fed
eral Union, then, in conformity with in
ternational law, having demanded of Vir-
ginia the release Of the citizens Tins kid
mapped, and the delivery over to justice
Of the persons guilty Of kidnapping them,
upon her refusal to comply with such de-
mand, we e~hould have Just cause, to make
reprisals, or resort to war; b1t rashly to a.
dopt su:h action, would be destructive Of
the harmony Of our Union. The rncroach-
ments Of the States upon each other, seem
neither to have leen expected, nor provi-
dpd against bv the framels Of our national
compact; but the several States, sovereign
in all respects, except as to powers eX.
prpsslv surrendered, are left to settle all
such controversies in the best manner they
can, IT, however, by reason Of our union,
we are to be restrained from seeking that
redress from violations of our territorial
rights, which Of right arpertains to all SOW
rreign and independent States, it ncces-
sarily follws that the General Government
should protect our rights ir that respect
and redress all such injuries. Otherwise
the Union, while it would confer upon us
no protection, would only operate as res
raint upon our protecting ourselves.
Your committee after much consdera-
ton, are Of opinion that when. as in this
case. the territory of the State has hoen vi-
olated, and satisfaction refused by the Vio-
lating State, it becomes the duty Of the
Executive authority to call upon the Cen
eral Government for redress, and should
the Federal Government neglect or refuse
to interfere. whether such neglect or rrtu'
sal arise either from a want Of will, or
from a real or supposed defect Of power
that then the injured State may justly re-
dress her own injuries by her own power.
There remains in fact no other remedy,
and the necessity Of the case imposes it
upon her, if she would preserve her do
minion over her own territory. Your COM
mittep, under all the present circumstan.
ces of the case, are not prepared to recon-
mend any definite action in respect there.
to, but would respectfully propose the u
doption Of the following resolutions;
ResoIvOdby The General Assembly Of the
Slate Of Ohio. That the iorciblc seizure of
Peter Garner, Crghton J. Lorain, and
Thomas, three citizens Of Ohio,
within the unquestionabIe territory Of this
State, their transportation and inCarcera-
ton in the Jail Of Palkcrsburgh, under the
prptext of an nfaclon Of the criminal
law Of Virginia, was an unwnrantabIe
outrage upon the rights Of this STATE.