The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-17

of the Scioto As been since established by
judicial this ine in point of TACT bore too far to
the and encroached upoR the reservation and would
II extended strike the Scioto river considerable distance
gensra Office the boundary line and the
OF the public lands OF were based upon
The two rivers was matter OF between the com
tracing parties and is part of the deed of cession Ii is
party without the other possessed the power
fix the boundary between the country granted and the
county of grant II either party possess
this power the exclusion of the other would seem
be reasonable that should Belong the donor
gnia with much propriey might have passed act
without the of the United States fix bounda
ny reservation the United States could do the
thing without her consent; and such
was the understanding Of Congress That body, 1884,
years after the running Of Iudlow's line passed
declaring that the line by him. together with its
continued the Scoto river should be considered and held
as the western boundary line of the reservation between the
two rivers; provided that the State of Virginia should,
within two years after us passage recognise it as as the
This not Law but mpy proposition TO Virginia,
and is inconsistent with the assertion of right in Congress
TO fix the boundary without the consent Of virginia And
such the construction given to that act by the Supreme
Court of the United States l, under the review of
that court the year 1924 in the of Dcddridge
Thompson and others The defence of that
Quoted by the United States as hs real party in interest,
that this established Ludows line the boundary.
The COURT however, decided that the act neither did
could establish it, The in reference that act
the following language, via; This act shows we think,
TO * hs bounaa1y oe u
cession and the OF acceptance considered
which could not at the time fixed with precision, and
which unavodaby described in requiring subse
to be made not bv6ns Of ihe parties but by both and This
act Is an essay toward. it. Congress makes proposition
provided Virginia accepts il within years if
cep'ed within ha; time he parties sdna o. their original
AND 1.-THE adjustment be made by both pares
would TO be clear that neither party could ii
accept this proposition The subject of tfiis bo"nda
ny remained without further legislative action till the
,x,an ,nutla Ihar.
about its adjustment In that year was pass
ed which authorized the President Of the United States
appoint three commissioners the part the Uni
ted States, to act with such commissioners might
ss appointed avI by the Sne OF vgnnhe
lhe boundary IN question between the Little Miami and
the nH p't Of s %
lished by the eement and consent OF the United States
by above mentioned 1904 should be consid
cred and held as the proper boundary tvol Laws u s.
THIS also carries its face admission that Con-
gress could establish the boundary without the
rum it was presumpvey the true enc; and hence it was
for the present assumed by the be the boundary
cession could agree upon the true line The
uct contains and undoubed PROMISE by implication
when the line should be established holders of
tons up it; otherwise the whole proceeding under the
act would be but useless fomay, without object. and
without result, and could other purpose than
cast upon Congress the unjust eproach OF nsncery
1t was, without doubt, prudent precautionary
toestabish temporary boundary that should exclude
Of military warrants from the disputed d. ct till the
real boundary could be settled, sinoe if they made their
locations beyond the limits of the reservation would
probably occasion much Inconvenience. bat be
denied that while the military claimants shut
from the disputed district, wait the ques
reservation holding it for the benefit OF the military
ants, by the act OF exclusion imposed upon itself
the proceeds disputed county. Shortly after the
passage Of this the commissioners of the United
and fixed upon their sources surveyor of the name Of
Roberts, directed by them direct line
accordingly and this known by the of Robess
While this line being or its completion the
OF the reservation according 10 the meaning of The deed
ocession was direct line to be from the Of the
Scioto the mouth OF the Little Miami instead of
enlarged the extent of the reservation On this
ment, the commissioners separated without
and each commission made its separate report
directed by the act, in disagreement report to
their government the line they should find be the bound
ary They reported that Robertss line the bound
AIRY between the and that they had insisted pom
its recognition such by the Virginia commissioners Ro
the point in source of the Little Miami, and d
from each other until they strike the Scoto forming
between them triangular country. This report Of
The United States reduced it 10 rea
sonabe if not almost absolute certainty that Robers
line the boundary of the reservation Though
this commission did establish the boundary, yet from
the time the commissioners OF the United States made
their report Ludlows line could longer be regarded
the pres"mpre boundary might fairly be assumed
asceraned fact that the did extend a,
least as far as Rober line and furnish rule Tor the gov
of the in the discharge of the duties the
So far the country Roberts's ne
the object the act OF 1879 had been eectuay accom-
plshed though the Virginia commissioners had agreed
to its establishment And is pc haps insisting upon
much to say that om the time of the making of that
report, the United Sates the OF the military
claimants, ought TO have permitted them appropriate the
country up that line satisfaction of ileis bounes
1t certainly ought not after that, have sold the land
between Ludlow's and Kobertss lines public land.
and Appropriated the proceeds of the sale itself 1t
is very clear that, between individuals, such pro-
ceeding wonld not be sanctioned by u of equity.
For some reason, probably from nadverence Congress
om1ea 20 act further on the subject, and the lands
ten remaining unsod between those lines continued be
s5d as public land. In 1885, Congress passed
voving the singular contradiction of declaring Ludlows
lne far the by him, the boundary
til otherwise directed by and thence to the source
of the Scoto Roberts's line declared the per
manent boundary.-(6 vol Laws u. s. 232) The Su.
peme Court of the United States have decided that
the boundary is tragh line from the
river to tho source OF the other( McArtu
Peters's Rdp., 1867
The subject OF this boundary remained in this situa
ton until the year 1924, when il up for adiudca
by the Supreme Court of the I'm ted States the
before mentioned of Doddrdge Thorn pson and
others In that CASE the directly called
upon to establish the boundary question, by judicial
construction of that clause in the deed of which
created the military reservation. That up
der the following circumstances Prior the passing of
the aforementioned of 1872 certain entries military
had been made in the disputed country
land. sold by the United as public lands and
the proceeds paid into the treasury of the United States
Thus the question involved direct conflict title de-
pending the question of boundary In that ca e was
Admitted by the, parties (he United States being
OF the parties TO the admission) that Roberts, line
from the source of the Little Miami to the source of
the Scoto The different hypoteses by the par
ues as 10 the principle that should govern the boundary,
right line fon the river 10 the of fhe
other Is the true line OF boundary according to the provision