The Bluffton news. [volume] (Bluffton, Ohio) 1875-current, 1958-12-18
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pure ABOUT Lne OnlO river DOun-
dairy line pops up and despite
past court decisions, reversals
and appeals, it goes on and on.
To this writer it matters little
it is a muddy, unruly, encroach-
ing stream filled with carp and
catfish, up-river factory refuse
and down-river city sewage any
way. Steamboats, have dWindled
into the past and little OF its
legendary romance remains. On
ly the reckless swim there any
more and those who fall in are
likely to be drowned. All the dis
putants jointly are welcome to
this writer's share in it. To him
it is dirty water and he can taste
it or some chemical meant to
kill the flavor in his every cup
of coffee.
Many, many years ago it was
known as "Old Limestone" on
the older maps and detoured Gin
cinnati, bending north some
where around Ripley and getting
back into its present channel via
the Great Miami. With that
course today the whole city would
be in Kentucky. There is still
little triangular slice of Indiana
on the east side of the river at
the southwest corner of Hamilton
county in Ohio. The river was
once the dividing line but not any
more.
In 1920 Chief Justice Marshall
decided that when a great riv-
er is the boundary line between
two nations or states, if the orig
inal property is in neither and
there be no convention respect
ing it, each holds the middle of
the stream. But when, as in this
case, one state is the original
proprietor and grants the terri
tory on one side only, it retains
the river within its own domains
and the newly created state ex-
tends to the river only. The riv-
er, however, is its boundary" AS
between high and low water
mark as the boundary line he,
as in this case, set it at the low
water mark.
In 1888 Virginia had conveyed
to the United States (for pro-
posed new states northwest of
the Ohio) all right and title, as
well as of soil, as of jurisdiction
within the Virginia charter lying
and being northwest of the river
Ohio.
In May. 1890, the Supreme
Court of the United States re-
affirmed the decision of Justice |
Marshall in a controversy be-
tween Kentucky and Indiana
over Green River Island, holding
that Kentucky's boundary extend
ed only to the low water mark on
the north bank at the time Ken
lucky became a state.
Shortly after this decision ex-
governor Cox challenged it and
brought into the controversy
West Virginia and Illinois as
their interests might be having
originally been parts of Virginia.
Measures at once were taken by
governor Campbell and attorney
general Watson to interplead in
Ohio's behalf before the United
States Supreme Court.
Thus the question was tossed
back and forth with nothing def
mite done to settle the contro-
verSy.
In 1845 when Richard M.
Garner and others were captured
by Virginia officers at the north
bank of the Ohio river near Mar
ietta when assisting runaway
slaves to escape, and were tried
in the Virginia courts the case
was decided against them in the
lower courts. In an appeal to the
Virginia Supreme Court, argued
in December, that year, by S. F.
Vinton, for the defendants, he
held that Justice Marshall's de-
cision was based on erroneous
historical assumption and that
Virginia never had a valid claim
to lands north of the Ohio river.
Today they still bicker - who
owns the river?