intentions of the people, as well as the constituted authorities on this important subject. They will present to you a resolution, in which it is made the duty of the Governor of Ohio to solicit of the President of the United States the appointment of one or more commissioners, to act with the commissioners of Ohio in re-marking the line heretofore run by Mr.. Harris; to which resolution I respectfully ask your attention, and solicit the appointment of commissioners, as required by said resolution.

These gentlemen will also present to your consideration an act authorizing to observe and comply with the terms of an arrangement entered into at Perrysburg, on the 7th of April last, with Messrs. Rush and Howard; which arrangement the citizens of Ohio are still willing to observe. These gentlemen will confer with you, and will lay the whole subject, together with the proceedings, opinions, and intentions of Ohio, before you, and I trust, in a manner sufficiently satisfactory to lead to an amicable arrangement of the difficulty, as specified in the act of the 20th instant. Your opinion on the various subjects presented to your consideration is respectfully solicited; and is anxiously anticipated to be of a character that will allay the excitement, and lead to peace and harmony on our frontiers. With the most profound respect,

ANDREW JACKSON,

I am your most obedient servant,
ROBERT LUCAS.

President of the United States.

WASHINGTON, July 4, 1835.

SIR: Your letter of the 25th ultimo, and the documents to which it refers, relating to the controversy about the boundary line between Ohio and Michigan, were duly handed to me by our friends, Messrs. Swain, Allen, and Disney.

After the most free and full conversation with these gentlemen, and a mature review of all the considerations connected with the delicate subject, we have recommended. the course of conduct set forth in the letter from the Department of State of the 3d instant, to these gentlemen, accompanying this note, and which, I trust, with the verbal explanation they will make, will strike your Excelleney as the most suitable and proper under present

circumstances.

It is certainly greatly to be desired that every measure now taken should be calculated to avoid forcible hostile collision, and to induce the parties to wait peaceably for the action of the next Congress upon the subject. Congress is the only tribunal competent to the settlement of this question, either by the reference of it to the Judiciary, or by some other special act.

If the course now recommended shall result in the cordial acquiescence of all the parties, it will be truly gratifying to me, and cannot fail to secure to Ohio and to her Executive the credit which will be due to her forbearance, and to an earnest desire to preserve the peace of the Union, at the same time that she maintains, with proper zeal, her own rights.

I am, very respectfully,

Your obedient servant,

His Excellency ROBERT LUCAS,

Governor of Ohio.

ANDREW JACKSON.

WASHINGTON, July 1, 1835. SIR: In accordance with the wish intimated by the President, at the close of our conversation this morning, we proceed to commit to writing the substance of the suggestions which we then had the honor to submit.

Before we do so, pernit us to repeat that, although we have repaired to Washington at the instance of the Governor of Ohio, as indicated in his letter of which we were the bearers, we appear in the character of private citizens, and none other. The purpose of our visit is expressed in the letter referred to. It is to bring about a more full and satisfactory mutual understanding than is believed at present to exist, and to aid in averting the unpleasant consequences which might otherwise possibly arise from the existing posture of things.

The arrangement entered into at Perrysburg, with Messrs. Rush and Howard, on the 7th of April ultimo, (vide documents, p. 30,) provided : 1. That Harris's line should be run and re-marked, pursuant to the act of the Legislature of Ohio, without interruption.

2. That both parties should abstain from the forcible exercise of jurisdiction upon the disputed territory until after the close of the next session of Congress.

The compromise bill of Ohio (as it is termed) contemplates that this arrangement should be carried out, and that whatever has been done inconsistent with its provisions should be undone: in other words

1. That the pending recognisances and prosecutions under the act of Michigan of 12th of February, 1835, should be discharged and dis continued.

2. That no new prosecutions under that act should be instituted.

3. That Harris's line should be run and re-marked by the authorities of Ohio, without interruption from those of Michigan.

4. That no forcible opposition be made by the authorities of Ohio or Michigan to the exercise of jurisdiction by the other upon the disputed territory within the time specified: the citizens residing upon the territory in question rescrting to the one jurisdiction or the other, as they may prefer. What Ohio expects and desires, as indicated by the bill referred to, is as follows:

1. That the authorities of Michigan shall not interrupt the running and re-marking of Harris's line, by Ohio.

2. That the authorities having charge of the prosecutions under the act of Michigan above mentioned, shall discontinue those prosecutions, and discharge the recognisances taken for the appearance of the defendants; and that they abstain from instituting any new prosecutions under that act within the time stated.

The President remarked that he believed advice from the proper source, to the authorities of Michigan, upon these points, would prove effectual. In this opinion we concur undoubtedly.

The steps suggested would, therefore, remove all practical difficulty, and prevent the possibility of an armed collision growing out of the subject..

This being done, we feel authorized to say that, while the anthorities of Ohio would, as far as practicable, consistent with the arrangement of the 7th April, exercise a peaceable jurisdiction upon the disputed territory, she would do nothing to prevent the exercise of a like jurisdiction by the authorities of Michigan; and that hereafter, as heretofore, she would manifest á spirit of the utmost forbearance, until Congress, at its next session

shall have acted upon the subject, and settled, nuthoritatively, the contested question of right.

As respects the appointment of a commissioner on the part of the United States to aid in running the line, that proposition was made by the Legislature of Ohio in courtesy to the General Government. There is nothing in her legislation which makes the appointment material; we deem it unnecessary, therefore, to remark further upon this point.

In order to render this communication as brief as possible, we have purposely abstained from the discussion of all considerations touching the merit of the controversy.,

With great respect, we are, sir,

Your most obedient servants,

N. H. SWAYNE.
W. ALLEN.

D. T. DISNEY.

Hon. JoAN FORSYTH,
Secretary of State.

DEPARTMENT (F STATE,

Washington, July 3, 1835.

GENTLEMEN: Your letter of the 1st instant, written in your character of private citizens, was received yesterday. By the directions of the President, to whom it has been submitted, I now have the honor to reply. In every thing that has been done, or suggested by the President, or by his authority, in regard to the question of the northern boundary of Ohio, he has been influenced solely by the desire to prevent, without prejudice to the rights of any one, collision between the authorities of the General, State, or Territorial Governments, that would be destructive of the public peace, and bring dishonor on the institutions of the country. If his views and wishes have not been correctly understood in Ohio, he is happy to believe that the free communications which you have had with him, and with the head of this Department, will enable you to correct the misapprehensions that may exist upon this subject in every quarter. This Depart ment has never been advised by Messrs. Rush and Howard of the arrangement stated in page 30 of the Documents, published at Columbus, by order of the State of Ohio, to which you refer, as having been entered into by them at Perrysburg. The President is, however, induced to believe, from the recent proceedings of the, Legislature of Ohio, as explained by your letter, and the late resolutions of the convention of Michigan, that an informal understanding may be produced through the instrumentality of this Department, which will meet the wishes of all, and effect the great object he has been most anxious to promote, the mutual suspension, until after the next session of Congress, of all action, that could, by possibility, produce collision. Supported in his belief by your letter, which he understands to be conformable to the wishes and intentions of Governor-Lucas, the President, without taking upon himself any other character than that in which he has heretofore acted, will cause an earnest recommendation to be immediately sent to the Acting Governor of Michigan, and the other authorities of the Territory whom he can rightfully advise in the performance of their duty, that no obstruction shall be interposed to the re-marking of Harris's line; that all proceedings already begun under the act of the Legislative Council of Michigan, of the 12th February, shall be imme

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any

diately discontinued; that no prosecutions shall be commenced for subsequent violations of that act, until after the next session of Congress; and that all questions about the disputed jurisdiction shall be carefully avoided, and, if occurring inevitably, their discussion shall be postponed until the same period.

The President confidently trusts, that this recommendation, which he believes required by a regard for the public safety and honor, will be effectual with the authorities of Michigan, and will not fail to exercise, all his constitutional power, in this, as in every other instance, to preserve and maintain the public tranquillity.

I have the honor to be, &c.

Messrs. SWAYNE, ALLEN and DISNEY.

JOHN FORSYTH.

DEPARTMENT OF STATE, July 3, 1835. SIR: You are doubtless aware that, at the late session of the Ohio Legislature, an act was passed requesting the Governor to approve and comply with the terms and stipulations of an arrangement purporting to have been entered into between him and Messrs. Rush and Howard. With a view to obtain the President's aid towards the temporary adjustment of. the controversy between Ohio and Michigan, upon the terms of that act, Messrs. Swayne, Allen, and Disney, have come to Washington, at the request of Governor Lucas, and have had conferences with the President and Secretary of State.

Though those gentlemen do not profess to be clothed with any official authority in the matter, their characters are a sufficient guaranty for the correctness of their representations. In a written communication made by them under the date of the 1st instant, they have stated rather more at large than is contained in the act, the measures to be adopted on both sides to give effect to the proposed arrangement.

By the President's direction, I transmit copies of the act, and of the letter of Messrs. Swayne, Allen, and Disney, and of my answer, written by his direction. I am charged, at the same time, to inform you that, although Messrs. Rush and Howard had no instructions to enter into arrangements for the United States, and have not, at any time, advised the Department of their having proposed such an arrangement as that referred to, yet the President is of opinion that, under the present circumstances, the great object of preserving the public tranquillity without, injury to the rights of either party, until an opportunity be afforded for the action of the proper authority on the subject, may be accomplished by a conformity, on both sides, to the terms proposed. He has, therefore, instructed me earnestly to recommend to you that no obstruction shall be interposed to the re-marking of Harris's line; that all proceedings already begun under the act of the Legislative Council of Michigan, of the 12th of February last, shall be immediately discontinued; that no prosecutions shall be commenced for any subsequent violations of that act until after the next session of Congress; and that all questions about the disputed jurisdiction shall be carefully avoided, and, if occurring inevitably, their discussion shall be post poned until the same period.

The President makes this recommendation with the more confidence, as the convention of Michigan has declared the people of the Territory to be sincerely desirous that, at all events, further proceedings should be stayed

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by the parties interested until the constitutional tribunals can act in the matter, and as the proposed arrangement, by not interfering with the exercise of jurisdiction by the au horities of Michigan, coaforms, in the most essential points, to the opinion expressed by that enlightened body. The President is not insensible of the difficulties to be overcome in executing this arrangement, and he is persuaded that the people of the United States will duly appreciate whatever efforts may be made by the authorities or citizens of Michigan for preserving undisturbed the peace of this happy country. I have the honor to be, &c.

His Excellency STEVENS T. MASON,

Acting Governor of Michigan.

JOHN FORSYTH.

SIR: I have the honor to acknowledge the receipt of your letter of the 3d instant, which, as is evidently desired by you, will be immediately submitted to the Legislative Council for their consideration. This course is not expressly suggested by you; but, as the propositions submitted for the adjustment of the controversy with Ohio can be carried into effect on the part of Michigan by legislative action only, if at all, I have adopted the sole means of meeting your views, and have, by proclamation, convened the Legislative Council on the 17th day of August next, for the purpose of taking the subject into consideration.

Where, I would, however, respectfully ask, exists that earthly power which can permit a State to assume jurisdiction over a Territory of the United States so long as acts of Congress for its government remain unrepealed, and the President is sworn to see the laws faithfully executed?

It can scarcely be necessary at present to urge upon your consideration the difficulties and objections which occur to my mind forbidding the proposed compromise. In my letter to Messrs. Rush and Howard, I stated my reasons for then rejecting this proposition. It is before you: my views yet remain unaltered, and, I think, unalterable. I will, however, follow the precedent set by the Governor of Ohio, and appeal to the wisdom of the Legislature. To that body I will submit the subject, and abide their decision.

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One assertion it may not be unimportant here to notice. I find it declared in the law of Ohio, to which my attention has been drawn, that a perfect organization of government exists throughout the disputed territory, under the laws of that State. The objects to be gained by that assertion I am at a loss to determine, unless possession is to be urged on the part of Ohio in favor of her claim before the next Congress. Such I fear to be the case, and I must urge upon the General Government the fact that the jurisdiction of Ohio has not, as yet, been known on that territory. The jurisdiction of Michigan is complete. If Ohio is satisfied with the possession she has, why the late meeting of her Legislature, or the present proposed terms for adjustment?

If, then, possession is already brought up against the right of Michigan, I would ask, can it be expected that she can exercise a concurrent jurisdiction over a part of her soil with another State? What are the terms upon which jurisdiction is to be exercised? Neither party shall use force; but the people are to submit to such laws and to such officers as they may