Abbildungen der Seite
PDF
EPUB

of Ohio were entitled to favorable consideration, and had not been finally disposed of.

If Fulton's line had been, or was to be, established, it would certainly have been a work uncalled for and unprofitable, to require that plots of the surveys authorized under the laws last referred to, be laid before Congress. And it would have been equally unnecessary to make observations as to the latitude of the north cape of the Maumee bay, unless it was proposed to make it a point in the north boundary of Ohio.

The considerations in favor of the expediency of giving to Ohio exclusive jurisdiction over the mouth of the Maumee river, are so obvious that the report will not be much further extended to dilate on them.

Ohio has now in progress to completion, a grand canal, to be more than two hundred and seventy-five miles long, commencing at the mouth of the Miami of the Ohio, and destined to terminate, after passing the ravines of the two rivers, at the mouth of the Maumee on Lake Erie. On this work more than one million of dollars have been already expended, and to finish it, two millions of dollars more will be required. When done, it will be the channel through which a very large proportion of the rich products of the State will pass to the eastern and northern markets.

At or near the Maumee bay, eventually, must rise a large city, built in a great degree by those persons who will be attracted to that spot by the desire to profit from the trade destined there to concentrate by the improvements of Ohio.

If Fulton's line be established, this city must be exclusively within the jurisdiction of Michigan. This will be apparent on reference to the report of Mr. J. T. Stoddard, appended hereto. (E 16.)

Not one of the tributary streams of the Maumee rise north of Harris's line, or would, if that line be established as the south boundary of Michigan, pass through any portion of the territory of the State to be there formed.

Immediately north of the north cape of Maumee bay, the people of Michigan have access to Lake Erie. At the mouth of the river Raisin, a harbor is being constructed by the United States, abundantly adequate to accommodate all the vessels necessary to carry to market all the products of that part of Michigan which lies immediately north of Harris's line, and so far south of Detroit that we may suppose they would not be disposed of at that city.

These being the facts, with what propriety could Congress surrender to Michigan jurisdiction over the mouth of the Maumee? Would it be proper to make one State foster and cherish a city, and give another all the resources to be derived from its wealth and numbers?

That we may be able to appreciate the philosophy of the principles contended for against the boon which Ohio asks, let us suppose they had been applied to other States.

When Congress had authority to fix the limits of Alabama and Mississippi, would it have done justly if jurisdiction had been given to Mississippi over the mouth of the Mobile? And if Congress had authority to form States on the Atlantic border, would it be right to give jurisdiction to New Jersey over the mouth of the Hudson, and leave the great State of New York to stretch every nerve, and strain every tendon, to pour into the city of another State countless wealth for ages? Would it be just to give Maryland control over one or all the harbors on the James river, and com

2

pel the citizens of Virginia, resident on its tributary streams, to enrich by their labors exclusively another community? And it may be added, is it equitable for the United States to retain under its jurisdiction Georgetown and Alexandria, and impose on the two adjacent States the duty of making those improvements by which alone these cities can be revived and made to flourish?

These questions cannot but be answered in the negative, and those who so answer cannot but concede, that it is both lawful and equitable to annex to Ohio the disputed ground.

Believing that the ordinance of 13th of July, 1787, did not make a line drawn due east from the Mississippi to the territorial line, so as to touch the southern extreme of Lake Michigan, a fixed and unchangeable boundary, north of which the three States bounded south by the Ohio, could not be extended, unless the whole of the Northwest Territory was subjected to their jurisdiction:

That Congress had full power to establish, with the consent of the inhabitants therein, the lines which have been made the northern boundaries of the respective States of Indiana and Illinois; and can now, without conflicting with the requirements of the ordinance, annex to the State of Ohio the territory lying south of Harris's line:

That the act of 11th of January, 1805, establishing the Territory of Michigan was not a declaration, on the part of the United States, that there should be formed two States north of an east and west line drawn through the southern extreme of Lake Michigan; one of which should have jurisdiction over the country included in the limits claimed in the constitution, which has been submitted to Congress by the people of Michigan :

That the act of 1805, did not secure to the inhabitants residing within the boundaries of the Territory thereby constituted, whenever they became sixty thousand in number, a right to form a State, to be admitted into the Union on an equal footing with the original States:

That the people of Michigan have, without due authority, formed a State Government, but nevertheless, that Congress has power to waive any objection which might, on that account, be entertained, to the ratification of the constitution which they have adopted, and to admit their Senators and Representatives to take their seats in the Congress of the United States :

That it is expedient to establish the north boundary of Ohio, by a direct line drawn from the southern extreme of Lake Michigan, after intersecting the eastern boundary of Indiana, to the most northerly cape of the Maumee bay; thence, direct to the territorial line in Lake Erie, and by the said territorial line to the Pennsylvania line:

That the period has arrived, when Congress ought to exert, in part, a contingent power conferred by the ordinance, and to form a State north of this east line, of dimensions, and capacity to accommodate a population as nearly equal to the territory which may hereafter be formed into another State, as circumstances will permit: the committee have the honor to report a bill enforcing these opinions.

The committee have had also under consideration, certain propositions submitted to Congress, by the convention which formed the Constitution of Michigan, touching the public lands within the limits of the State to be constituted, and will, at an early day, make report on that subject.

In conclusion, the committee respectfully invite the attention of the House to the documents which are appended to the message of the Presi

dent, above referred to: they show that there is a grave necessity for a speedy action on the part of Congress, with regard to that most disturbing controversy, the origin and causes of which it is the purpose of this report to develope. Should the present session of Congress be closed before a final and decisive action on the conflicting claims of Ohio and Michigan, the disputed ground may be, to the reproach of the age, and our free institutions, stained with the blood of political brethren spilled in civil broil...

To guard effectually against so painful a catastrophe, is the solemn duty of all who desire to perpetuate our Union, to multiply republican Governments, who desire to realize the bright hopes of the living, and of all who venerate the virtues of our patriotic dead.

[ocr errors]

APPENDIX.

A No. 1.

AN ACT to divide the Indiana Territory into two separate Governments. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and after the 30th day of June next, all that part of the Indiana Territory which lies north of a line drawn east from the southerly bend, or extreme of Lake Michigan, until it shall intersect Lake Erie, and east of a line drawn from the said southerly bend, through the middle of said lake, to its northern extremity, and thence due north to the northern boundary of the United States, shall, for the purpose of temporary government, constitute a separate Territory, and be called Michigan.

SECTION 2. And be it further enacted, That there shall be established within the said Territory, a Government in all respects similar to that provided by the ordinance of Congress, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven, for the government of the Territory of the United States Northwest of the River Ohio; and by an act passed on the 7th day of August, 1789, entitled "An act to provide for the government of the Territory Northwest of the River Ohio ;" and the inhabitants thereof shall be entitled to, and enjoy, all and singular the rights, privileges, and advantages granted and secured to the people of the Territory of the United States Northwest of the River Ohio, by the said ordinance.

SECTION 3. And be it further enacted, That the officers for the said Territory, who, by virtue of this act, shall be appointed by the President of the United States, by and with the advice and consent of the Senate, shall, respectively, exercise the same powers, perform the same duties, and receive for their services the same compensation, as, by the ordinance aforesaid, and the laws of the United States, have been provided and established for similar officers in the Indiana Territory; and the duties and emoluments of Superintendent of Indian Affairs shall be united with those of Governor.

SECTION 4. And be it further enacted, That nothing in this act contained shall be construed so as in any manner to affect the Government now in force in the Indiana Territory, further than to prohibit the exercise thereof within the said Territory of Michigan, from and after the aforesaid 30th day of June next.

SECTION 5. And be it further enacted, That all suits, process, and proceedings, which, on the 30th day of June next, shall be pending in the court of any county which shall be included within the said Territory of Michigan ; and, also, all suits, process, and proceedings, which, on the said 30th day of June next, shall be pending in the general court of the Indiana Territory, in consequence of any writ of removal, or order for trial at bar, and which had been removed from any of the counties included within the limits of the Territory of Michigan aforesaid, shall, in all things concerning the same, be proceeded on, and judgments and decrees rendered thereon, in the same manner as if the said Indiana Territory had remained undivided.

SECTION 6. And be it further enacted, That Detroit shall be the seat of Government of the said Territory until Congress shall otherwise direct. Approved, January 11, 1805.

A No. 2. ABSTRACT of the whole number of persons residing in that part of the Territory of Michigan, as established by an act of Congress entitled "An act to divide the Indiana Territory into two separate Governments," approved January 11, 1805, on the 1st Monday of November, 1834, as ascertained in conformity to the provisions of an act of the Legislative Council of said Territory, entitled "An act to provide for taking a census, and for other purposes," approved September 6, 1834.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][merged small]
« ZurückWeiter »