additional State or States are formed, then the boundary line becomes absolute, and divides the northern from the southern tier of States. The intention of the Congress of 1787, is indicated as distinctly as language permits, and when the conditions on which the whole Northwestern Territory was ceded to the Union are adverted to, guarantying, as those conditions do, to every part of that Territory rights and privileges which could be secured only by fixed boundaries, that language does not admit of doubt.

But the Governor further remarks that, on this subject, Congress must have been satisfied when the States of Indiana and Illinois were admitted with their present boundaries, for both of these States extend considerably north of the southern extremity of Lake Michigan: and if these States had the right to extend their boundaries north of an east and west line drawn through the southern extremity of Lake Michigan, Ohio undoubtedly had an equal right; for the same objection that applies to Ohio, would apply with equal force to all these States."

We owe it to you, sir, and to the occasion itself, to speak in temperate language, both of our own rights, and of the efforts which are made (as we consider it) to divest us of them. But we confess that we have read this whole communication, and particularly this part of it, with utter astonishment. Will it be believed, that the States of Indiana and Illinois ever extended their boundaries north of this east and west line? Their boundaries were established by the acts of Congress, and recognized in their own constitutions. And yet, the Governor of Ohio speaks as though those two States had, by their act, passed over the boundaries provided by the laws admitting them into the Union, and annexed by their own authority large districts of country to themselves, and he thence deduces the right of the State of Ohio to do the same thing. We do not at this time present for consideration our claims connected with the boundaries of Indiana and Illinois. They will be brought forward at a future day, and under different circumstances. But those cases furnish no parallel for the proceedings of the State of Ohio. Congress, by its own authority, enlarged their territorial extent. We contend that such enlargement was invalid, because conflicting with the irrepealable articles of compact. But those States hold under the acts admitting them into the Union. They have always possessed jurisdiction over the country, and if we are ever to obtain possession of it, it must be by judicial decision, or by commissioners already, or to be hereafter, appointed.

But Ohio claims to do by her own authority, what Congress has done for Indiana and Illinois. And it is because Congress has done it for Indiana and Illinois, that the Governor of Ohio asserts that that State has the right to do the same thing. If this be so, we must certainly thank her magnanimity in not claiming our whole Territory, for we see no limit to the extension of her own territory but her own will.

Your memorialists beg leave, also, to represent, that this question of boundary has been repeatedly presented to Congress, but without any other action than what we have already stated. At the last session of Congress, a bill for this purpose passed the Senate, and in the House of Representatives was referred to a select committee of seven distinguished members, at the head of which was Mr. Adams, the late President of the United States. This committee reported that the bill "ought not to pass." And we feel authorized in asserting, that the committee were unanimous in thinking that the State of Ohio has no right, whatever, to the extension of territory which she claims, One member, however, it is understood, was of opinion that Congress might

enlarge the territory of the State of Ohio, and that it was expedient so to do. The other six members believed that Congress had no right to act upon the subject, but that it was a judicial, and not a legislative one.

Ohio has maintained a different opinion. She has often asserted that it was a legislative, and not a judicial question, and in her memorials to Congress, has repeatedly urged this as a reason for bringing her case before that body, which, according to her doctrine, alone had power to settle it.

Under these circumstances, sir, we are compelled to resort to the General Government for the enforcement of its own laws, and the protection of our rights. The State of Ohio has, since the report of the above named committee, withdrawn her case from the jurisdiction of Congress, the tribunal of her own choice, while it remained still undecided by that body. She submits it to no judicial tribunal, but decides for herself, and prepares to execute her own laws. Were the justice of her case indisputable, still she has no right to decide for herself, and forcibly to usurp jurisdiction over a district of country which has never been in her possession. Such a proceeding among independent communities would be an act of war. It places at the umpirage of force, questions which should be settled by reason and authority, It resorts to the battle field, instead of the tribunals of justice and the halls of legislation. As well might Massachusetts or Rhode Island, New York or New Jersey, or Pennsylvania, or Maryland, or Virginia, between which States questions of jurisdiction have arisen, pass laws deciding finally the justice of their own claims, and under these laws, take possession of the disputed territory. The wisdom of that universal rule, which excludes individuals or communities from judging in their own cases, was never more apparent than in this instance. For it will hardly be credited, yet such is the fact, that this act of injustice was passed by the Legislature of a most respectable State, with but one dissenting voice. And it was declared by the same body, that the State would not tamely submit to invasions of its territory, jurisdiction, or privileges, "by those who have neither the right nor the power to disturb her in the quiet enjoyment of her constitutional sovereignty." And that "it ill becomes a million of freemen to humbly petition, year after year, for what justly belongs to them, and is completely within their own control."

We confess we are utterly ignorant of the feelings of our countrymen on such subjects, if this sentiment is approved by them. What! because the State of Ohio contains a million of inhabitants, and this Territory but one hundred thousand, are our rights less sacred than hers? or is justice in this free country to be measured by the number or strength of the parties? We do not affect to deny, that in a controversy depending on physical force, the contest on our side would be an unequal one. The State of Ohio is powerful, and we are weak: but, come what may, we shall defend our rights by all the means in our power, and, we trust, with the just feelings of American citizens.

We have no wish, sir, to enlarge on this topic, as disagreeable, we are sure, to you as it is to us. We hope and trust, that no such resort will be found necessary. We ask your interposition; we request your interference with the Executive and legislative authorities of Ohio, to stay their proceedings. We will cheerfully submit our rights to the decision of the Supreme Court of the United States, and not only endeavour not to procrastinate its action, but use all our power to obtain the earliest decision. We have already authorized the Executive of this Territory to appoint

commissioners, and commissioners are appointed, to meet any that may be appointed by the State of Ohio, to adjust this matter: and we profess our entire willingness to leave the question to any proper number of distinguished citizens through the Union, who may be mutually selected for that purpose. If these propositions are all rejected by the State of Ohio, and if she should likewise decline compliance with any representations you may make on the subject, we then ask, sir, that you would assist us by force; that you would protect us in our own rights, and secure the operation of the laws of the United States within a district of country subject to the entire and exclusive jurisdiction of the General Government.

We are aware, sir, of all we ask, and of the high responsibility it involves; but we are aware also that we appeal to a Chief Magistrate who, during a long life devoted to the public service, has, by splendid examples of patriotism and firmness, shown that he shrinks from no duty which the constitution and laws impose upon him; and satisfied we are, that if our cause is right, and if our views of Executive obligations are correct, you will not look to the relative strength or weakness of the parties, but to an impartial performance of the high functions committed to you.

Resolved, That the Acting Governor of the Territory be requested to transmit this memorial to the President of the United States, and request his early attention to the same.

Attest:

MORGAN L. MARTIN, President of the Legislative Council.

CHA'S W. WHIPPLE, Secretary. COUNCIL CHAMBER, DETROIT, March 23, 1835.

EXECUTIVE OFFICE,

Detroit, March 25, 1835.

SIR: I have had the honor to receive your letter of the 14th instant, in reply to the several communications which have been addressed to you from this office, in relation to the unpleasant controversy now pending between the State of Ohio and this Territory.

I need not say, sir, how highly I appreciate the feelings and motives of the President, when he urges upon me the importance of exercising forbearance in the measures I may adopt against the encroachments and usurpations of Ohio. I speak not only for myself, but I confidently believe for the people of Michigan, when I declare, that nothing but self-defence will drive the authorities of this Territory to acts of violence. Michigan is the injured party. She has assumed a defensive attitude; and while she will, with firmness and a consciousness of the justness of her cause, maintain her rights, she will ever lament the necessity which compels her to it. The contemplation of a rupture between citizens of this Republic would be painful to every lover of his country's reputation; but when the powerful, by force, attempt to trample upon the weak and defenceless, such considerations, though of the utmost magnitude, must be abandoned in the fixed determination of freemen to resist oppression, let it emanate from whatever source it may.

I regret that the President has not been more explicit in his directions to me. To the State of Ohio, he can for the present but suggest the patriotic

feelings which not only now, but have ever marked his eventful life; but to Michigan, as the Supreme Executive Head of the Territories of the United States, he can directly communicate his wishes and instructions through her local Executive. I still hope I may receive his determinations: but, until then, I am compelled to protect the rights of Michigan by a resort to such means as necessity may dictate.

You will be pleased, sir, to communicate to the President my fixed resolution to exercise, in this unfortunate controversy, all the forbearance he can expect or require. You will also gratify me by again calling his attention to the subject, and urge that I may receive his views more fully.

I shall remain on the disputed territory, that the wishes of the President may be realized, if possible; although I fear I shall be foiled in my attempt by the stubborn determination of Ohio to carry her law into effect by physical force.

The first of April being the time set apart by the authorities of Ohio for holding her elections on our territory, and surveying the boundary line, I will communicate to you the result of that day.

I have the honor to be,

Your obedient servant,

STEVENS T. MASON.

Hon. JOHN FORSYTH, Secretary of State.

EXECUTIVE OFFICE,

Detroit, March 27, 1835.

SIR: I had the honor to receive your letter of the 17th instant, by today's mail.

I regret that the tenor of my order to Gen. Brown should seem to be misapprehended by the President. I should probably have been more explicit in my letter enclosing it. I am fully sensible, that under no circumstances, in any part of our country, can military force be justifiably used, except in aid of the civil authority, in executing civil process. And it was in contemplation of previous instructions, urging him not to use military force until the sheriff, in the discharge of his official duties, meeting with resistance, should call for the assistance of the militia, that Gen. Brown was directed, having once obtained the field through such a channel, that he should not permit a military force from Ohio to cross into our Territory, without resisting them. I trust, sir, this explanation will satisfy the President, that I will not hastily involve the citizens of this country in an attitude so unfortunate to them as that of resorting to force, to maintain their rights. The reflection, that it is in the least apprehended that such an event could possibly occur through my indiscreet agency, would be to me, I assure you, a source of no small degree of mortification and regret.

There is one part of your letter, sir, which gives me no little embarrassment. The Legislative Council of this Territory have passed a law making it penal for an officer of Ohio "to exercise, or attempt to exercise, any official function within the jurisdiction of this Territory." This law, it is true, as you suggest, is subject to the revision of Congress; but I would respectfully ask, does this render it less obligatory upon the civil authorities of Michigan to carry it fully into effect? Although a measure preparatory to the exercise of a jurisdiction which has already been attempted, the act

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of running the Ohio State line, by commissioners of Ohio, holding their appointments under Ohio, and protected by the Governor of Ohio, all within the limits of Michigan, I fear to be too palpable a violation of the rights and laws of Michigan, to admit of hesitation as to the course to be pursued by the authorities of this Territory. My deep regard for the opinions of the President, and my disposition to follow his suggestions, will, however, induce me to hesitate and reflect.

I have the satisfaction to inform you, that the military election ordered to be held within our territory, by the colonel of an Ohio regiment, has been fortunately prevented without the interposition of force. The intimation that the General Government would not give an approving countenance to the course pursued by Ohio, had the effect of inducing the people collected to disperse, and abandon their determinations. This induces the hope, that so soon as the President's views are fully known, the authorities of Ohio will abandon their purposes, and leave the adjustment of our difficulties to the proper tribunal.

Hon. JOHN FORSYTH,
Secretary of State.

I have the honor to be
Your obedient servant,

STEVENS T. MASON.

MONROE, April 2, 1835.

SIR: I had the honor to receive your letter by the hands of Judge Doty, on arriving at this place yesterday. Judge Doty has communicated to you the result of his interview with Governor Lucas. The President must perçeive, from that interview, that it is not the intention of the Governor of Ohio to listen to the mediation of the Government of the United States. In conformity, however, with the evident wishes of the President, I have addressed to Governor Lucas this morning the enclosed letter, which I trust may have the desired effect of inducing him to delay further action, until the arrival of the commissioners alluded to in your letter.

The election of township officers on the disputed territory, ordered under a special law of Michigan, took place yesterday, and was held without any serious disturbance whatever. The people residing there who are favorably disposed towards the claim of Ohio, are now becoming sensible of the unwarrantable course they have adopted, and I hope they will hereafter avoid a participation in the controversy.

I regret that the movements of Michigan are misunderstood at Washington. The use of a military force has never been contemplated, except in aid of the civil authorities. No measures have been adopted but those of precaution and preparation. No militia have ever been called into service, and the order of Gen. Brown, although made public, was intended but as one of preparation. I was absent from Monroe at the time he issued it, and can now add nothing upon the subject. My first determination was, to adhere to the use of the civil authorities as long as possible. I have done so thus far, and shall still continue it, until a military force of Ohio is brought against our civil authorities, when, I humbly conceive, they should be protected, if necessary, by the militia. I trust you will assure the President, that I will refrain from all "rash acts," whatever. That, being