tablishes that as the boundary, and the act of 1805, which was passed about two years after the admission of Ohio, expressly gives to this Territory (then created) the same line, as its southern boundary, in that direction. The act of 1812 again recognizes the same line.

But were the claim of Michigan, for the reasons stated, less unequivocal, I should still feel obliged to propound to your excellency the question whether in reality it were competent for the general government, without the assent of all parties in interest, to alter the boundaries first contemplated by the ordinance of 1787?

In regard to the North-Western Territory, the United States voluntarily placed herself in the relation of a grantee under Virginia. Virginia in her session deemed it expedient to annex conditions to her grant. The general government necessarily and voluntarily took according to the form of the grant; and not being pleased with all those conditions, submitted her request to Virginia that those conditions, so far as they related to the subdivision of the Territory into states, might be altered. Virginia assented to the request and agreed to the boundaries as contemplated in the fifth of the permanent articles of the ordinance; which fifth article, as well as the sanction provided for its fulfilment, it is considered, became incorporated with and forms a part of the original grant. That article, so assented to, leaves it in the discretion of Congress to create more than three States, and in the event of the election of Congress so to do, contemplates the establishment of the northern boundary of the eastern state to be the same which Michigan has always claimed. By the creation of the states already created, Congress have decided their election, their power in this regard is executed, and that body can no longer be authorized to vary the boundaries proposed in the ordinance, except according to the principles contained in the ordinance itself; i. e. by the common consent of the parties having interest in the subject matter of the articles of compact. The people of Michigan have never consented to such alteration, and they were excluded from all participation in the formation of the consitution of Ohio. Virginia has never consented to such alteration, yet the contract was made with her: and it is furthermore respectfully urged, that Congress have never intended expressly or impliedly to assent to it.

This subject, as your excellency is doubtless advised, was stirred during the last session of Congress: a resolution recognizing the survey actually made of the true boundary line, in pursuance of the provisions of the act of 1812, was submitted to the consideration of one of the most intelligent and respectable of the standing committees of the House of Representatives, of which the Hon. Mr. Anderson of Kentucky, was chairman. That committee reported, it is believed by unanimous consent, in favor of the resolution, and

consequently in affirmance of the pretentions of this Territory. Nothing prevented the formal and definite expression of the opinion of Congress on this topic, during that session, but the absolute want of time to act further upon it.

I have felt it to be my duty to present to your excellency the view I have been able to take of the relative pretensions of Ohio and of Michigan, to the contested jurisdiction; and to call to the recollection of your excellency, that the subject still continues sub judice, before the present Congress of the United States: and I now venture in this exigency, respectfully to request of your excellency, such official and legal interposition on your part, as may best tend to restore harmony upon that frontier, and to prevent the manifold and rapidly accumulating evils, which are growing out of this prolonged and unhappy difference,

With much respect, I have the honor to be

Your Excellency's most obedient servant,

(Signed) WILLIAM WOODBRIDGE, Sec'y. and at present acting Governor of Michigan. To his Excellency ETHAN A. BROWN, Esq. Governor of the State of Ohio.

Letter from the Hon. W. Woodbridge to J. Q. Adams, Secretary of State of the United States, dated

DETROIT, MICHIGAN TERRITORY, August 11th, 1820. SIR-I have the honor to inclose a copy of a letter I this day transmit to Governor Brown, of Ohio. It relates to the contested boundary of this Territory. I am advised by the magistrates and others living on and near this contested tract of country, that serious difficulties are threatened there, from the apparent determination of the constituted authorities of Ohio to enforce their claims; much confusion has already occurred.

The Executive concerns of this government having developed upon me, in the absence of Gov. Cass, I could not feel justified in resisting the calls of that people for some official interference in their behalf. I have exhorted them to avoid every measure which would lead to a breach of the peace, but at the same time, in no instance to admit, directly or indirecly, the validity of the claims of Ohio, now for the first time attempted to be enforced.

I have prepared what I consider a just view of the question for transmission to Governor Brown, and requested his official interposition; further than that I do not know that I am justified in proceeding, but rather at this point to submit the matter to the general government, where alone plenary power rests. The power of this local government I consider altogether derivative, and that entire sovereignty rests only in the general government, whose agent the local authorities in this regard are. There are topics connected with this subject, which I did not think it proper to advert to in my communication to Governor Brown, intending in that communication to confine myself to the mere right of the question. They are topics, I mean, of expediency and national policy. Under the patronage and paternal care of the general government, Ohio has grown rapidly from the condition of helpless infancy. She has suddenly swollen to the dimensions of a giant; already she reckons among her children, more than half a million_her collossal stature overshadows the whole west; yet nearly half her Territory remains a wilderness. Is it politic in a national point of view, then-is it expedient, to increase that disparity which already exists between her and the neighboring States?

Would this be right under any circumstances, but more especially at the expense of this remote, isolated, feeble and frontier Territory?

If it be desirable that any state rather than another should have the control of powerful and extensive resources, moral and physical, is it not peculiarly so in regard to a state such as this must be; remote from the strength of this nation, cut off from it by an almost impassable morass, and exposed as it certainly is to the rapidly increasing political power of the country opposite to us, the most fertile and most beautiful part of Upper Canada, and to the countless hordes of savages in the North-West? Great as may be considered the commercial and natural advantages of this Territory, the number of emigrants is perhaps comparatively small, who may find in latitudes so high inducements to settle among us. The limits of the future State of Michigan ought not probably to comprehend any country much beyond the limits of the peninsula of Michigan itself; an acre of country to the south and within those limits, is of more value to us than miles to the north and beyond them.

A considerable part of the country claimed by Ohio, is the finest we have; to be deprived of it would materially affect the period of our admission into the Union, of our participation in the blessings of self-government. Besides the topography of the country would show, that such a dismemberment would violate manifest political propriety. The Black Swamp forms the natural and proper Barrier of Ohio; to the north-west of it, she can have but little to interest her; whereas to this Territory the Miami Bay furnishes her only harbor on Lake Erie. The commercial connexions of the people inhabiting its southern shores, the only shores which by reason of the Black Swamp are for the present habitable, are and must be with this Territory; their true interests require also that their political connexions should be here.

I hope it may not be considered superfluous in me to submit to you, Sir, these extrinsic and collateral observations. Should the

General Government feel itself authorized to alter the established boundaries of this Territory, in that direction, they may be worthy of consideration. But it is in truth to the General Government that the people of this Territory look for protection and support in the exigency; and it is for that reason, Sir, that I felt it my duty to submit to the President, through you, this matter. The ordinance of 1787 requires that communications from the Governors of the Territories shall be made to the President of Congress; the laws which were passed for the purpose of adopting the principles of the Territorial Governments to the altered state of things, induced by the adoption of the present United States Constitution, requires such communications to be made to the President. The office of the Secretary of State, I have supposed the proper channel through which such communications should be made; and I hope that nothing will be found in the matter or manner of this procedure which may render it obnoxious to the charge of indecorum.

I have the honor to be Sir, with perfect respect, your obe't serv't. (Signed) WILLIAM WOODBRIDGE, Sec'y.

and at present acting Governor of Michigan. To the Honorable JOHN QUINCY ADAMS, Esq. Secretary of State,

Extract from the Message of His Excellency Lewis Cass, Governor of Michigan, to the Legislative Council, January 5, 1831. While an effort is making or contemplated to sever from us that part of our north-western frontier, which commands the communication between the three upper lakes, the states which adjoin us on our southern boundary, have preferred claims to portions of the Territory, which, if finally established, will still farther reduce our extent and future importance. Indiana asserts and exercises jurisdiction over a tract of country, ten miles north of our southern boundary, as defined in that irrepealable law, which gave and guarantees to us our political existence, and extending from Lake Michigan east along the whole northern frontier of that state. That this claim will eventually be contested on the part of this Territory, or of the state, which must soon be established here, there is no doubt. And as we have every confidence in the justice of our cause, we may reasonably look forward to a favorable decision. As however the rights of the parties rest upon conflicting acts of Congress, and as Indiana has possession of the tract in question, a prudent regard to circumstances will probably dictate a postponement of the subject, until we shall be admitted to a participation in the councils of the tribunal, by which it must be determined.

But the claim of Ohio to that part of this territory, lying between a line drawn due east from the southerly bend of Lake Michigan, and a line drawn from the same point to the north cape of the

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Maumee Bay, presents considerations of a different nature. The possession of this tract of country, and the jurisdiction over it are in this territory, and all the acts of the general government, in relation to the subject, from the ordinance of Congress of July 13, 1787, are uniformly favorable to the establishment of the existing boundary. Ohio seeks a change upon principles which may be as well met now as hereafter; and as the matter has been recently submitted by the Governor of that State to the consideration of the legislature, it is probable that some legislative measures may be adopted, having in view an examination of the question, and a decision favorble to the claim they have advanced. In this state of things, I suggest the propriety of a memorial being presented to Congress, which shall state distinctly the rights of this territory, and the sentiments and feelings of its inhabitants upon the subject. Unless I am greatly deceived in my views, a succinct statement of our claim is all that is necessary to insure its confirmation.

I lay before you copies of two letters, written in 1820, by Mr. Woodbridge, then acting Governor and Secretary of this territory, one addressed to the Governor of Ohio, and the other to the Secretary of State of the United States. These letters contain a very able exposition of our case, and appear to me, as well in the course of the discussion, as in the conclusions they draw, to be unanswerable. As the subject, however, is very important to the future interests of the territory, I may be excused for presenting a brief summary of the view which I have taken of it.

It is not necessary, at present, to enter into a consideration of the question, whether under the original Ordinance, Congress could change the fundamental line, running east and west from the southern extreme of Lake Michigan: it will be time for us to contest this point, when that change is made. We may yet safely rely upon the legislative acts of the government, which originally established the boundary line between this territory and the State of Ohio, and have since recognized and confirmed it.

By the act of Congress of April 30, 1802, authorizing the people of the eastern division of the north-western territory to form a constitution and state government, it was provided, that the northern boundary of the proposed state should be a line, running due east from the southern extreme of Lake Michigan, after intersecting a line running north from the mouth of the great Miami: and all the country north of that line was, for the purposes of temporary government, attached to the territory of Indiana. The convention of Ohio, in defining the boundaries of the state, followed the words of the act of Congress; and then added the following proviso: "Provided, always, and it is hereby fully understood and declared by this convention, that if the southerly bend or extreme of Lake Michigan should extend so far south, that a line drawn due east from it should