that you should examine both the field notes and plats, and cause all material errors to be corrected.

As regards the tabular statements required to be made on the face of each plat, of the number of miles of surveying, by whom and when executed, &c., in order that the large returns expected from your office may not be delayed on that account, those statements may, under the peculiar circumstances you mention, be for the present omitted, only in cases, however, where you have not the necessary information in your office, the vouchers containing it having been to a certain extent withdrawn by your predecessors; and it is presumed this is the chief obstacle to your returning forthwith the two hundred township plats stated in your letter to be ready for signing, being no doubt nearly all plats of survey recently completed and sanctioned, as designated upon the diagrams which accompanied your last annual report.

I am, &c.

JAS. WHITCOMB,

Commissioner.

:

No. 997.-(S. G. N. S. vol. 6, p. 191.)

To the Surveyor General, St. Louis, Missouri.

GENERAL LAND OFFICE,
April 5, 1838.

SIR herewith enclose the copy of a letter received from the register and receiver at Jackson, Missouri, dated the 29th of November last, announcing the fact that Wolf Island, in township 24 north, range 17 east, of that district, was offered for sale on the 13th of the same month, under an act of the Legislature of the State of Kentucky, and requesting instructions from this office.

I also herewith enclose, for your information, a copy of the opinion (No. 170) of the solicitor of this office on the subject, in which I concur, and have to request that you will, as early as convenient, if the information is not already in your office, cause the proper examinations to be made, with a view of ascertaining which of the two channels is the main channel, giving the breadth and flow of water of each, with the general course of the stream above and below; and whether there has been any variation of these particulars since 1783, or since the survey of the island was made in 1823; all which you will report to this office, together with a map, and such other information and facts, having a bearing on the subject, as are to be found on the files of your office. I have likewise

to request that you will transmit therewith the plat of fractional township 24 north, range 18 east, which embraces part of the island, and appears to be due to this office, but cannot be found on its files.

The register and receiver have this day been instructed to suspend the sales until further notice, and to afford you such facilities as may be in their power.

I am, &c.

JAS. WHITCOMB,

Commissioner.

(Solicitor's Op., No. 170, vol. 1, p. 322.)

GENERAL LAND OFFICE, SOLICITOR'S BUREAU,

February 24, 1838.

SIR: I have considered the question presented relative to Wolf Island. It appears, from the statement of the register at Jackson, Missouri, of 29th November last, that the State of Kentucky, under a law of its last session, has sold the same.

This land was claimed by the United States, surveyed as part of township 24 north, range 17 east, and has been in part sold at Jackson, Missouri. A correct solution of the question depends upon the laws constituting the States of Kentucky and Missouri, and the treaty of peace with Great Britain of 1783, together with the acts of the Colonial and State Legislatures of Virginia.

On examining the laws of Kentucky, and the acts admitting that State into the Union, I find that, to ascertain her western boundary, it is necessary to look back to the legislation of Virginia in 1738.

The royal charter of Virginia extended her limits "from sea to sea." Virginia, by an act of her Colonial Legislature in 1738, created the county of Augusta, which included all the present State of Kentucky," and extending beyond the mountains, northerly, westerly, and southwardly, to the utmost limits of Virginia."

In 1769, the county of Botetourt was formed out of the county of Augusta, having the same western boundary.

In 1772, Botetourt was divided, and Fincastle formed from it, with a similar boundary on the west.

In 1776, Fincastle was divided, and Kentucky county formed, comprising the now State of Kentucky, with the western boundary of the original county of Augusta.

The revolutionary war raged between the periods of 1775 and 1783, at which latter period the definitive treaty of peace was concluded between Great Britain and the United States, Virginia inclusive. By this treaty, the western boundary of the Union is acknowledged to be "a line drawn along the middle of the said river Mississippi, until it intersects the northernmost part of the thirty-first degree of north latitude."

Whatever might have been the right of Virginia, under the royal charter, I apprehend that, from 1783, her sovereignty was limited to the middle of the Mississippi on the westward; and, consequently, such was the limit of the county or district of Kentucky.

In 1785, the Commonwealth of Virginia passed "an act concerning the erection of the district of Kentucky into an independent State," and in 1789 an act amendatory thereto, which is usually called the "compact with Virginia," under which a convention met, and determined" that it was expedient to erect an independent State."

In 1791, Congress passed an act declaring its consent, in these words: "That the Congress doth consent that the said district of Kentucky, within the jurisdiction of Virginia, and according to its actual boundaries, on the 18th day of December, 1789, shall, upon the 1st June, 1792, be formed," &c. See Statute Digest of Kentucky, vol. 1, p. 50.

By the act admitting Missouri into the Union, (vol. 1, p. 765,) the bound

ary of the State on the Mississippi is thus described: "thence down, and following the course of the Mississippi river, in the middle of the main channel thereof, to the place of beginning."

From the maps of the public surveys returned to this office, it will appear that the main channel of the Mississippi runs east of Wolf Island; and, consequently, judging from them, it will appear that the island lies clearly within the described boundaries of Missouri; if, in fact, it be a portion of Missouri, the land is within the control of the United States, and her property. It is important in the determination of a question involving, as this does, the jurisdiction of two States of the confederacy, to be well informed of the facts. Should it turn out that the main channel is west of the island, there can be no doubt of the right of Kentucky to dispose of this land, or of her absolute jurisdiction.

The treaty of peace makes the Mississippi the western boundary of the United States. Nothing is said respecting islands within the stream. As to the sovereignty of them, I know of no better guide to a safe conclusion than the decisions of judicial tribunals in analogous cases. Looking to them as a guide, it is my opinion that the words used in the treaty of 1783, and the words defining the boundary of Missouri, are substantially alike, and must be construed to mean one and the same thing.

Should this view be held correct, and an examination disclose the fact that Wolf Island is situate in the centre of the stream, it should be held to belong to the two States in severalty, according to the original dividing line, contiued on from the place where the waters begin to divide.

It is hardly possible that this island is not nearer one shore than the other; and I think the register or surveyor general should be instructed to ascertain and report which of the two channels is the "main channel," giving the breadth and flow of water of each, with the general course of the stream above and below and whether there has been a variation in these particulars since 1783. Should, however, any of the purchasers from Kentucky attempt to set up claims under such title, I would advise that the United States defend the suit; for in such case the question may be brought before the Supreme Court, and finally settled; until settled, sales and patents ought to be suspended.

I am, &c.

TO JAMES WHITCOMB, Esq.,

Commissioner.

M. BIRCHARD,

Solicitor.

APPENDIX.

A.

DEPARTMENT OF STATE, August 3, 1837.

SIR: At the request of the Commissioner of the General Land Office, a statement is herewith enclosed of the names of the Commissioners of said office, and of the dates of their commissions.

I am, sir, your obedient servant,

Josiah Meigs, John McLean, George Graham, Elijah Hayward, Ethan A. Brown, James Whitcomb,

11th of October, 1814.

11th of September, 1822.

26th of June, 1823; to take effect from the 1st of July, 1823. 30th of September, 1830.

24th of July, 1835; to take effect from the 31st of August, 1835. 21st of October, 1836; to take effect from the 31st of the same month.

From the 24th of July to the 18th of October, 1830, inclusive.

From the 4th of April to the 14th of May, 1831, inclusive.

From the 15th of December to the 31st of December, 1832, inclusive.

From the 10th of June to the 17th of July, 1833, inclusive.

From the 6th of September to the 1st of October, 1833, inclusive.

From the 3d of September to the 5th of October, 1834, inclusive.

From the 23d of June to the 20th of July, 1835, inclusive.

From the 1st of August to the 31st of August, 1835, inclusive.

NOTE.-Josiah Meigs, Esq., (Commissioner of the General Land Office,) died on the 4th day of September, 1822. Mr. John M. Moore acted, signing as chief clerk, from this period until John McLean, Esq., entered upon his official duties as Commissioner, &c., on the 11th of November, 1822. Mr. Moore acted for the Commissioner in his absence, signing as chief clerk, from the 4th of March to the 31st of May, 1823, inclusive. Mr. McLean resigned on the 30th of June, 1823.

George Graham, Esq., entered upon his official duties as Commissioner, &c., on the 1st of July, 1823, and died on the 8th of August, 1830. Mr. Moore acted for the Commissioner, signing as chief clerk, from the 9th to the 23d of July, 1830, and from the 2d to the 5th of September, 1833.

Papers numbered 1 and 2 have been prepared for the purpose of showing the authors of the circulars and letters contained in the compilation, the records not showing by whom any were signed until quite recently.

M. BIRCHARD.